Clayton Municipal Code Ch. 8.12 Swimming Pool Fencing

The city council finds that there are a large number of privately owned swimming pools within the city limits, and that the maintenance of these pools without adequate protection measures constitutes a severe hazard to the safety of the inhabitants, and particularly to the small children of the city.

(Ord. 69, § 1, 1969)

A. All swimming pools in the city shall be fenced with an approved fence as provided in this chapter.

B. The building inspector is authorized and directed to enforce and administer all of the provisions of this chapter.

C. Upon presentation of proper credentials, the building inspector or his duly authorized representatives may enter at reasonable times any premises in the city to perform duties imposed on him by this chapter.

(Ord. 69, § 2, 1969)

An approved fence shall meet the following requirements:

A. Every person in possession of land used for residential purposes within the city limits, either as owner, purchaser under contract, lessee, tenant, licensee, or otherwise, upon which land is situated a swimming pool or other out-of-doors body of water, having a depth in excess of eighteen (18) inches, or if less than eighteen (18) inches deep but with a surface area exceeding two hundred fifty (250) square feet, shall maintain on the lot or premises upon which such pool or body of water is located, and completely surrounding such pool or body of water, a fence or wall not less than four and one-half (4½) feet high, with openings, holes, or gaps therein no larger than four (4) inches measured horizontally, except for doors or gates; provided, however, that a dwelling house or accessory building may be used as a part of such enclosure.

B. All gates or doors opening through such enclosure, including: fence gates, breezeway gates, back doors of garages, and doors of similar accessory structures, shall be equipped with a self-closing and self-latching device designed to keep, and capable of keeping, such door or gate securely closed at all times when not in actual use. However, the door of any dwelling occupied by human beings and forming a part of the enclosure herein above required, need not be equipped with such self-closing, self-latching device. All such latching shall be placed at least four (4) feet above the ground level, or otherwise made inaccessible from the outside to small children.

(Ord. 69, § 3, 1969; Ord. 319, 1995)

Swimming pools shall be constructed so that there shall be at least five (5) feet between a side lot line or a rear lot line and the swimming pool.

(Ord. 69, § 4, 1969)

The fence required by this chapter shall be installed around all pools within ninety (90) days from and after April 19, 1969, and before any newly constructed pool is put into use.

(Ord. 69, § 5, 1969)

The fence required by this chapter need not be erected or maintained when all of the following conditions exist:

A. The lot is not smaller than twenty thousand (20,000) square feet, not including any area within the lines of a public road;

B. The density of residential development within a radius of two hundred fifty (250) feet surrounding the pool does not exceed a total of four (4) residences, including the residence with the pool;

C. The pool is not within three hundred (300) feet of a public school, private school, or public playground;

D. The pool is not within fifty-five (55) feet of an inhabited dwelling or adjacent property.

(Ord. 69, § 6, 1969)

The building inspector may grant an exception to the requirements of fencing a swimming pool when he finds that there is a barrier existing on the premises by reason of vegetation, landscaping, or topography suitable to protect the pool and to protect children from straying into the pool.

(Ord. 69, § 7, 1969)

Any person dissatisfied with the decision of the building inspector in his application of this chapter may submit an appeal of such decision to the Clayton planning commission. The method of appeal shall be as described in Chapter 17.52 of this code pertaining to the application for a variance permit under the zoning ordinance, except that the appeal fee shall be ten dollars ($10.00). The decision of the planning commission shall be a final determination of the appeal.

(Ord. 69, § 8, 1969)

Any person violating the provisions of this chapter or any order of the building inspector issued pursuant to this chapter is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than five hundred dollars ($500.00), by imprisonment in the county jail for a period of not more than six (6) months, or by both such fine and imprisonment.

(Ord. 69, § 9, 1969)