(a) All persons who own, control or are in possession of land upon which is situated a swimming pool shall be required to maintain a fence or wall on the lot or premises upon which the pool or body of water is located. The provisions of this Code section will be applicable to any swimming pool or other artificial, outside body of water designed or used for swimming, dipping or emersion by men, women or children and which exceeds a depth of eighteen inches (18"). The fence or wall required herein shall be constructed of durable material and shall not be less than six feet (6') in height. Such fence or wall shall completely enclose the pool or body of water. Openings, holes or gaps therein shall be no larger than two inches (2") wide, except those openings designed to be closed by a door or gate; provided, however, that a dwelling house or accessory building may be used as a part of such enclosure.

(b) All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device designed to keep, and capable of keeping, such a door or gate securely closed at all times when not in actual use. Latching devices shall be at least four feet nine inches (4'9") above ground level or otherwise made inaccessible to small children. All such gates or doors shall be kept closed or latched when the pool or body of water is not in use or under construction, maintenance or repair.

(c) Natural or man-made lakes, reservoirs or farm ponds used primarily for water conservation, irrigation or waterings of livestock shall not be deemed to require fencing as “swimming pools” by this section.

(d) All electrical wiring in and about swimming pools shall conform to the National Electric Code in force.

(e) All plans hereafter submitted to the County for swimming pools to be constructed shall show compliance with the requirements of the preceding subsections. Final inspection, approval and use of all swimming pools hereafter constructed shall be withheld until all requirements of the preceding subsections shall have been complied with.

(f) The provisions of subsection (a) may be modified by the Chief Building Inspector upon written application, but only in the event that the Chief Building Inspector shall find that other natural barriers, barricades or structures provide as much or more protection to small children as is contemplated by the provisions of subsection (a). (Ord. 940, § 1, 8/28/1973)