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A. Every person, firm or corporation in possession of land within the City, either as an owner, purchaser under contract, lessee, tenant, or licensee, in which there is situated an excavated or portable swimming pool containing or capable of containing water eighteen (18) inches or more in depth at a point, shall erect and maintain on the lot or premises upon which such pool is located an adequate physical barrier sufficient to make such pool inaccessible to unsupervised small children.

B. Such physical barrier shall completely surround such pool and shall not extend less than three (3) feet above the adjacent ground level with openings no larger than four (4) inches in any dimension except doors and gates; provided however, that a dwelling house or accessory building may be used as part of such enclosure.

C. Such physical barrier shall be constructed in such a way as to prevent access under the lower edge by small children.

D. All gates or doors opening through the enclosure, except the door of any dwelling occupied by human beings and forming any part of the enclosure required above, shall be equipped with a self-closing and self-latching device designed to keep and capable of keeping the door or gate securely closed at all times when not in actual use. The self-latching device shall be placed not less than three (3) feet above the underlying ground or otherwise made inaccessible from the outside by small children.

E. If the exterior walls of a portable or raised swimming pool are vertical and extend at least thirty-six (36) inches above the grade of the abutting ground at all points, no further fencing shall be required except such as will be necessary to enclose the ladder, steps, or other such access to the pool.

F. Approved covers or alternate means of protection may be authorized by the Building Official if they can be shown to provide protection equivalent to that described in this section.

Editor’s Note: Amended during codification per request of the City Attorney dated September 5, 1973 (Exhibit F).