§ 8.36.050. Swimming pools—Enclosure required.

Every person who owns or is in possession of any premises on which there is situated a swimming pool, fish pond, wading pool, or any other outside body of water created by artificial means, designed or used for swimming or other immersion purposes, by men, women or children, any portion of which is two-feet deep or more, shall maintain, on the lot or premises upon which such swimming pool, fish pond, wading pool or other artificial body of water is located, completely surrounding such body of water, lot or premises, a fence, wall or other structure not less than five feet in height with no openings, except doors or gates with an area greater than fifty square inches, excepting that a rectangular opening, having no horizontal dimension exceeding four inches may have a greater area, constructed as follows:

A.

Wood Fences. Wood fences shall have posts not less than three inches by three inches spaced not over ten feet on centers, and embedded at least eighteen inches into the ground. Posts, other than redwood, shall be treated with a preservative. Fencing shall be at least one-half inch in thickness and fastened securely to at least two rails not less than two inches by three inches in cross section.

B.

Wire Fences. Wire fences shall be constructed of wire mesh of not less than eleven-gauge galvanized steel wire supported on one and one-quarter inch diameter galvanized pipe spaced not over ten feet on centers. Posts shall be embedded at least twelve inches into concrete fill-in holes not less than six inches in diameter and eighteen inches in depth.

C.

Masonry Fences. Masonry fences shall be supported on a foundation of concrete extending at least twelve inches below grade, at least twelve inches in width, and at least six inches in thickness. Wall steel, when required, shall be embedded sixteen diameters into the footing.

D.

Approved Alternate. If the city manager finds that any other type of construction has resulted in, or will result in, a fence in all respects the equivalent in strength and durability to a fence constructed as provided in subsections A, B or C of this section, such type of construction may be used.

E.

Supervision. In lieu of maintaining a fence, the owner of the premises may provide a competent person who shall keep the pool under observation at all times while water is kept in the pool. In the event the pool is not under the observation of a competent person, a pool cover may be used.

F.

Gates.

1.

All gates or doors opening through the fence or structure protecting a swimming pool as required by this section 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.

2.

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 swimming pool is not in use.

(Prior code § 681)