Every person who owns or is in possession of any premises on which there is situated a private swimming pool, fish pond, wading pool or any outside body of water created by artificial means (as herein defined and hereinafter referred to as "pool"), any portion of which is two feet deep or more, shall maintain on the lot or premises upon which such body is located, and completely surrounding such body of water, a fence of durable material at least four feet in height (measured as originally installed and constructed to allow for possible settling), which fence shall be so constructed as not to have openings, holes or gaps larger than four inches in any dimension. Said fence shall be located a minimum of three feet from the water line of any portion of the pool. In the event that the pool has attached thereto a raised deck, said fence shall be located no closer than three feet from said raised deck.
Such fence, wall or other structure shall be constructed of such material and in such manner as to effectively prevent unauthorized access to the pool by children.
All gates or doors opening through the fence or structure protecting the pool shall be equipped with self-closing and self-latching devices not less than four feet above grade capable of keeping such gate or door securely closed at all times when not in actual use. Aboveground pools permitting access to the pool area by means of a ladder or stairs which fold when not in use shall have latches installed on the same in such manner as to effectively prevent unauthorized unfolding and access to the pool by children, and such ladders or stairs shall be kept folded and secured when not in use.
All doors or gates shall be of such size as to completely fill any opening in the fence or wall. The owner or person in possession of the premises on which such swimming pool exists shall keep such doors and gates closed and securely latched at all times when such pool is not in use.
Nothing in this Article shall apply to pools having sides extending four feet above grade, provided that the stairs or other means of access to the pool are effectively closed with a gate as provided above, which shall be closed and securely latched at all times when such pool is not in use.
Nothing in this Article shall apply to portable swimming pools, which are defined as any above-surface type of swimming, bathing or wading pool with a side depth in excess of 18 inches, not designed or intended to be stationary or permanently fixed to the premises and capable of being removed for storage; provided, however, no pool with a capacity in excess of 750 gallons shall be deemed a "portable pool."
All existing private swimming pools shall be fenced as herein required within 90 days following the effective date of this chapter.
Any person who violates any provision of, or order promulgated under this chapter, or the Code adopted by reference shall, upon conviction, be liable for the penalty established in BH1-2.