§ 15.48.030. Outdoor swimming pool.

An outdoor swimming pool, including an in-ground, above-ground or on-ground pool, shall be provided with a barrier which shall comply with the following:

A.

The top of the barrier shall be at least forty-eight inches (1219 mm) above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be two inches (51 mm) measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade, such as an above-ground pool, the barrier shall be permitted to be at ground level, such as the pool structure, or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be four inches (102 mm).

B.

Openings in the barrier shall not allow passage of a four-inch-diameter (102 mm) sphere.

C.

Solid barriers which do not have openings, such as a masonry or stone wall, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.

D.

Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than forty-five inches (1143 mm), the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed one percent inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed one and three-quarters inches (44 mm) in width.

E.

Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is forty-five inches (1143 mm) or more, spacing between vertical members shall not exceed 4 inches (102 mm). Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed one and three-quarters inches (44 mm) in width.

F.

Maximum mesh size for chain link fences shall be a one and one-quarter inches (32 mm) square unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to not more than one and three-quarters inches (44 mm).

G.

Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall not be more than one and three-quarters inches (44 mm).

H.

Access gates shall comply with the requirements of subsections A.—G. of this section and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outward away from the pool and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall have a self-lathing device. Where the release mechanism of the self-latching device is located less than fifty-four inches (1372 mm) from the bottom of the gate, the release mechanism and openings shall comply with the following:

1.

The release mechanism shall be located on the pool side of the gate at least three inches (76 mm) below the top of the gate; and

2.

The gate and barrier shall have no opening greater than one-half inch (12.7 mm) within eighteen inches (457 mm) of the release mechanism.

I.

Where a wall of a dwelling serves as part of the barrier one of the following conditions shall be met:

1.

The pool shall be equipped with an operational powered safety cover; or

2.

All doors with direct access to the pool through that wall shall be equipped with an alarm which produces an audible warning when the door and its screen, if present, are opened. The audible warning shall commence not more than seven seconds after the door and door screen, if present, are opened and shall sound continuously for a minimum of thirty seconds. The alarm shall have a minimum sound pressure range of eighty-five dBA at ten feet (3048 mm) and the sound of the alarm shall be distinctive from other household sounds such as smoke alarms, telephones and door bells. The alarm shall automatically reset under all conditions. The alarm system shall be equipped with a manual means, such as a touch pad or switch, to deactivate temporarily the alarm for a single opening. Such deactivation shall last for not more than fifteen seconds. The deactivation switch(es) shall be located at least fifty-four inches (1372 mm) above the threshold of the door; or

3.

All doors with direct access to the pool through the wall shall be equipped with a self-closing and self-latching device with the release mechanism located a minimum of fifty-four inches (1372 mm) above the floor. Swinging doors shall open away from the pool area.

J.

Where an above-ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then:

1.

The ladder or steps shall be capable of being secured, locked or removed to prevent access; or

2.

The ladder or steps shall be surrounded by a barrier which meets the requirements of subsections A—I of this section. When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a four-inch-diameter (102 mm) sphere.

(Ord. No. 2005-6, § 1, 6-21-2005)