§ 13.12.020. Protective enclosures required—Requirements for enclosures—Variances—Application of section.

A.

Every person who owns or is in possession of any lot or premises on which there is situated a swimming pool, spa, fish pond, wading pool or any other outside body of water created by artificial means designed or used for swimming or other immersion purposes by men, women or children, any portion of which body of water is one and one-half (1½) feet or more in depth and in which the surface area of the water does not exceed ten thousand (10,000) square feet, shall maintain a fence, wall or other structure on the lot or premises and completely surrounding such body of water, lot or premises sufficient to render such body of water inaccessible to children.

1.

The provisions of Section 13.12.020 shall apply regardless of the materials used in the construction and/or design of such body of water, regardless of whether structure containing the body of water is permanent, temporary, or portable, and regardless of the length of time of use of such temporary or portable structure.

2.

Such fence, wall or other structure must be not less than four and one-half (4½) feet in height. No openings, holes, or gaps in the enclosure shall exceed four (4) inches between vertical members or between the bottom of the enclosure and the finished grade, except for openings protected by doors or gates. The enclosure shall not contain:

(a)

Horizontal and diagonal members which might serve as a ladder for children; and

(b)

Planters or other structures immediately adjacent to the outside of the enclosure which might assist a child in climbing the enclosure:

3.

Unslatted chain link wire or mesh fencing materials may be used in reconstruction or new construction only under the terms of this subparagraph. Openings may not be greater than two and one-half (2½) inches. If openings are greater than one-half (½) inch and less than two and one- half (2½) inches, the fence, gates and doors shall be at least six (6) feet high, notwithstanding the provisions of subparagraph (2) of this subsection.

B.

Notwithstanding the provisions of subsection (A) of Section 13.12.020, a pool located on a lot with a single- family dwelling may be protected by a fence around the entire lot, provided the fence meets the construction requirements of subsection (A) of this section. The walls of a single-family dwelling may be used for a partial or complete enclosure of a pool. There shall be no unrestricted access from buildings other than single-family dwellings to pools.

C.

Variances. On the application of the property owner, the environmental health services department may approve variances to the ordinance and may impose conditions on the granting of the variance whenever it so determines such variances or conditions assure public safety. Variances granted under former Section 13.12.020 are still valid. Persons who were granted variances are not required to apply for additional variances under this section.

D.

The requirements of this chapter shall not be retroactive and shall apply only to construction, reconstruction, or installation of any body of water described in subsection (A) of Section 13.12.020 or of protective enclosures required by this chapter commenced after October 4, 1990. Notwithstanding the foregoing, all owners or persons in possession of lots which contain any such body of water which was in existence prior to October 4, 1990 shall be required to comply with the provisions of this chapter in effect as of October 3, 1990.

(Ord. G-5355 § 2 (part), 1990)