[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.
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.
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.
[Amended 11-9-2022 by Ord. No. 2022-04]
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 methods permitted by the Uniform Building Code
Section UBC 30.40(2)(b)1 and 2, which currently requires the following
as restated below, but also, including such amendments as may be made
to such UBC requirements from time to time. In the event of any such
UBC amendments to the provisions that follow, the Uniform Building
Code shall control.
A.
A fence or other solid structure of not less than 48 inches in height
shall completely enclose said premises and/or swimming pool. Openings
in the barrier shall not allow passage of a four-inch diameter sphere.
All gates or doors opening through such enclosure shall be kept securely
closed at all times while unattended and shall be equipped with a
self-closing and self-latching device designed capable of keeping
such door or gate securely closed. Latches shall be located at least
three feet above the ground, accessible deck or stairs.
B.
A fence is not required around an above ground pool where the pool
wall is at least 48 inches above grade for the full pool perimeter.
The finished grade shall be maintained for a minimum of four feet
beyond the outside perimeter of the pool.
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.
A.
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.
B.
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.
C.
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:
B.
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.
