The provisions of this chapter shall control the requirement, design, and permitting of barriers for outside residential swimming pools, spas and hot tubs. The design controls are intended to restrict access to outside residential swimming pools, spas and hot tubs in certain instances to afford protection to small children (ages 8 and under) from accidental drowning or other injury. (Ord. 578, 7-13-2006)

   A.   Responsibility For Compliance: Each owner and/or occupant of property on which a swimming pool, spa or hot tub is located is responsible for complying with the provisions of this chapter.

   B.   Time For Compliance: Except as follows, the provisions of this chapter apply immediately on the effective date hereof:

      1.   All inground and aboveground (or partly inground and partly aboveground) swimming pools installed year round, and all spas and hot tubs in existence on the effective date hereof shall be brought into compliance with the provisions of this chapter no later than May 1, 2008.

      2.   Moreover, even when an owner and/or occupant believes that an existing inground or aboveground (or partly inground and partly aboveground) swimming pool, spa or hot tub complies with all provisions of this chapter, the owner and/or occupant must nevertheless, by May 1, 2008, apply for a permit as required by section 9-13-3 of this chapter, providing to the zoning officer all pertinent information concerning the already built swimming pool, spa or hot tub, and concerning any required permanent barrier, so that the zoning officer may certify such compliance. If the zoning officer certifies that the existing inground or aboveground (or partly inground and partly aboveground) swimming pool, spa or hot tub complies with all provisions of this chapter, the permit fee shall be waived. (Ord. 578, 7-13-2006)

   A.   Permit Required: A permit is required for all inground and aboveground (or partly inground and partly aboveground) swimming pools installed year round, and for all spas and hot tubs.

   B.   Application For Permit: When applying for a permit, the applicant shall submit the following to the zoning officer:

      1.   A site plan and building plan indicating all dimensions, including location, length, width, and depth, of the swimming pool, spa or hot tub.

      2.   For an aboveground (or partly inground and partly aboveground) swimming pool, information concerning retractable ladders and deck barriers, if required.

      3.   For a spa or hot tub, information showing compliance of the safety cover with ASTM designation F1346-91, or showing a safety cover designed by the manufacturer for the specific spa or hot tub.

      4.   If a permanent barrier is required, a site plan showing the location of the barrier and information indicating its height and, if the barrier is a fence, information showing that its design complies with the requirements of subsection 9-13-4A1 of this chapter.

   C.   Permit Fee: The cost of a permit for a swimming pool and/or fence is twenty dollars ($20.00). (Ord. 578, 7-13-2006)

A permanent barrier (either a fence or a wall) to restrict access to a swimming pool, spa or hot tub is required as set forth in this section. The barrier shall be constructed to restrict access to the swimming pool, spa or hot tub itself, or to the yard in which the swimming pool, spa or hot tub is located, so long as the purpose of affording protection to small children is met. Placement and construction of the barrier on the property must meet all other requirements of this title, in addition to the requirements of this chapter.

   A.   Inground Swimming Pools:

      1.   A permanent barrier of four feet (4') minimum height shall be constructed to completely enclose the yard or swimming pool area for all pools built below ground level. If the barrier is a fence, it shall be constructed so as not to allow a four inch (4") diameter sphere to pass through the fence. All gates, door openings or other means of access into the yard or swimming pool area shall be maintained and secured with such safety features as will provide an effective barrier to restrict access to the pool by small children.

      2.   No inground swimming pool shall be filled with water until such time that a permanent barrier is completed. A temporary fence shall be in place during construction of an inground swimming pool to restrict access to the construction site until a permanent barrier is in place. If a permanent barrier becomes damaged and there is open access, a safety fence shall be in place until the barrier is repaired.

   B.   Aboveground Swimming Pools: Aboveground (or partly inground and partly aboveground) swimming pools installed year round shall meet the permanent barrier requirements for inground swimming pools; except, that aboveground (or partly inground and partly aboveground) swimming pools shall be exempt from the permanent barrier requirements so long as the top pool edge is four feet (4') minimum above grade level. Each aboveground (or partly inground and partly aboveground) swimming pool that is exempt from the barrier requirements shall nevertheless have retractable ladders installed in such a way as to restrict access to the pool by small children. The ladders must be retracted whenever the pool is not in use. If a deck adjoins an aboveground (or partly inground and partly aboveground) swimming pool, a fence or railing shall be constructed on the deck to restrict access to the pool by small children.

   C.   Portable Swimming Pools: Swimming pools with a water capacity of twenty four inches (24") in depth or more (even if regularly filled to a depth of less than 24 inches), that are not installed year round, and that may be readily disassembled for storage are characterized as portable swimming pools. Portable swimming pools are exempt from the permanent barrier requirements for inground swimming pools, and a permit is not required for such pools. Nevertheless, a temporary fence of four feet (4') minimum height shall be in place before a portable swimming pool is filled with water, and shall be kept in place and in good repair so long as the pool is filled with water. A temporary fence does not require a permit. A fence installed on a permanent basis, however, does require a permit.

   D.   Kiddie Swimming Pools: Swimming pools with a water capacity of less than twenty four inches (24") in depth, that are not installed year round, and that may be readily disassembled for storage are characterized as kiddie swimming pools. They are exempt from all provisions of this chapter.

   E.   Spas Or Hot Tubs: Spas or hot tubs with a safety cover that complies with ASTM designation F1346-91, which is hereby incorporated by reference, or with a safety cover designed by the manufacturer for the specific spa or hot tub shall be exempt from the provisions of this chapter. Otherwise, spas and hot tubs shall be considered aboveground swimming pools and shall meet the requirements of subsection B of this section. (Ord. 578, 7-13-2006)

In addition to specific exemptions stated in section 9-13-4 of this chapter, the provisions of this chapter do not apply to inside swimming pools, spas and hot tubs, nor do they apply to birdbaths, fish ponds, fountains, dams, and water supply/storage tanks. (Ord. 578, 7-13-2006)