§ 7.72.020. Contingent restrictions for non-regulated swimming pools and non-regulated spa pools.

The design, construction, and operation of non-regulated swimming pools or spa pools are not subject to the provisions of this chapter, except that whenever such non-regulated swimming pools or spa pools are used for persons other than the owner or lessee, his or her family or their invited non-paying guests such non-regulated swimming pools or spa pools shall be made to comply with the provisions of this chapter applicable to regulated swimming pools or spa pools.

Non-regulated swimming pools and spa pools, as defined in Section 7.72.010, shall be protected and enclosed with a fence or wall enclosure, impenetrable to humans, at least sixty inches in height. Gates leading to such pools shall be latched when not under supervision of an adult. Such latch shall reasonably ensure against accidental or unauthorized access to the swimming pool or spa pool by children. Fencing for the entire yard in which a swimming pool or spa pool is located is acceptable, provided such fence or wall complies with the above requirements. In lieu of the fencing specified above, such swimming pool or spa pool may be protected and enclosed, when not under the supervision of an adult, by means of a pool power safety cover meeting the most recent specifications approved by the American Society for Testing and Materials for swimming pool covers under the fixed designation standard F 1346 (ATSM F 1346), or with a locked spa pool cover.

(Ord. No. 46-592 § 1 (part))