[HISTORY: Adopted by the Village Board of the Village of Fox Point as Ch. 34 of the 1961 Code. Amendments noted where applicable.]
Because of a possibility of toddlers falling into and being drowned in a swimming pool, spa or wading pool, it is necessary that any swimming pool, spa or wading pool be protected to prevent such occurrence. An unprotected swimming pool, spa or wading pool is hazardous.
For the purposes of this chapter, the following words have the meanings herein set forth:
- An outdoor structure containing a body of water in an artificial or semiartificial receptacle or other container having a capacity for water exceeding 24 inches in depth at any point, used primarily for recreation or relaxation purposes, such as a hot tub, built above or below the surface of the ground elevation.
- SWIMMING POOL
- An outdoor structure containing a body of water in an artificial or semiartificial receptacle or other container having a capacity for water exceeding 24 inches in depth at any point, used primarily for bathing or swimming, built above or below the surface of the ground elevation, used or intended to be used by the owner, operator or lessee thereof and his family and friends, and in the case of a public swimming pool or pools owned or operated by a club, to be used by members of the public and by club members and their friends and guests, and includes all structures, appurtenances, equipment, appliances and other facilities appurtenant thereof and intended for the operation and maintenance of the swimming pool.
- A child under the age of five years.
- WADING POOL
- An outdoor structure containing a body of water in an artificial or semiartificial receptacle or other container having a capacity for water exceeding 12 inches in depth and not exceeding 24 inches in depth at any point located above or below the surface of the ground elevation used primarily for children wading or playing therein. There is not included in this definition a container with sides made of a material that will collapse under the weight of a toddler.
Every person who owns, directly or indirectly, or operates or has custody or control of any swimming pool located in the Village of Fox Point shall protect and guard such swimming pool at all times by one or more of the following manners:
Erect and maintain an enclosure consisting of a fence, wall, or building or combinations thereof around any swimming pool in the ground, or with sides less than three feet five inches above ground level. The fence or wall shall not be less than three feet five inches in height and not exceed six feet. There shall be no gaps or openings in the fence material after erected that would permit a toddler to get through the fence. There shall be no gaps between the bottom of a fence and the ground or apron of the swimming pool in excess of four inches. A residence or accessory building may be used as part of such enclosure. Every gate or door in the enclosure shall be kept securely closed and fastened at all times in a manner to prevent a toddler from opening the gate or door, except when in actual use.
Instead of an enclosure as above required, aboveground or partially aboveground swimming pools, where the sides are at least three feet five inches above ground level, shall have the ladder or steps which are used for ingress and egress thereto moveable and shall have such ladder or steps removed at all times, except when in actual use.
A permit to erect a fence in compliance with this chapter is required the same as for the erection of any other fence, as provided by § 745-7 of this Code.
Except as provided in Subsection B hereof, after the effective date of this chapter, no swimming pool shall be erected, placed, constructed, installed, maintained or permitted to exist anywhere in the Village that does not comply with this chapter.
Swimming pools in the Village in existence at the time of the effective date of this chapter, if not already in compliance with this chapter, shall be brought into compliance not later than July 1, 1978.
The plans and specifications filed in connection with an application for a building permit for a swimming pool to be erected after the effective date of this chapter shall show the protection to be provided for the swimming pool. In respect to a pool constructed or erected after the effective date of this chapter, the protection required shall be erected and in place not later than when the pool is first filled with water.
From and after the effective date of this chapter, the owner of any property in the Village on which a wading pool is situated shall protect the wading pool in the one of the following manners:
From and after the effective date of this chapter, the owner of any property in the Village on which a spa is situated (whether in existence or constructed hereafter) shall protect the spa in one of the following manners:
At all times when the spa is not physically occupied, the spa must be securely covered with a locking cover which is locked and cannot be opened by a toddler, and is of sufficient strength and sufficiently fastened so that it will bear the weight of a toddler.
Section 756-48 of the Village Code in respect to the issuance of a certificate of compliance shall include compliance with this chapter.
Persons violating this chapter shall be subject to the penalty provisions of § 1-4 of this Code.