§ 32-4. Secondary protection.

(a)

Application. The provisions of this section shall apply to swimming pools, spas, hot tubs or other contained bodies of water (above or below ground) when a residence or living area, in which a child younger than six (6) years of age will, or does, reside, constitutes part of the barrier or enclosure required by section 32-3 and:

(1)

Such swimming pool, spa, hot tub or other contained body of water is constructed or installed after the effective date of this provision at a single family residence; or

(2)

An existing swimming pool or other body of water lawfully constructed prior to the effective date of this section, but which does not conform to these regulations, shall become subject to these regulations as a result of any alteration, addition, or expansion of a dwelling unit or guest room having access to such pool, that increases the livable floor area; or

(3)

The existing single family residence is sold.

(b)

Requirements. When an event described in paragraph (a) above occurs, one (1) of the following methods of secondary protection shall be provided:

(1)

Between the swimming pool or other contained body of water and the residence or living area, a minimum five (5) foot wall, fence or barrier to the pool area which meets all of the requirements of section 32-3(b), subparagraphs (2) through (5); or

(2)

The pool shall be protected by a motorized safety pool cover which requires the operation of a key switch which meets the American Society of Testing and Materials Emergency Standards 13-8-9 and which does not require manual operation other than the use of the key switch; or

(3)

All ground level doors or other doors with direct access to the area containing a swimming pool or other contained body of water shall be equipped with either: (A) a self-closing and self-latching device with the latch located at least fifty-four (54) inches above the finished floor; or, (B) an alarm placed not less than fifty-four (54) inches above the finished floor and which activates automatically whenever the door is opened.

If provided, the alarm shall sound continuously for a minimum of thirty (30) seconds beginning within the first seven (7) seconds after the door and its screen, if present, are opened and be capable of providing a sound pressure level of not less than eighty-five (85) dBA when measured at ten (10) feet in any direction. The sound of the alarm shall be distinctive from other household sounds such as smoke detectors, telephones, and door bells. The alarm system may be equipped with a manual means to temporarily deactivate the alarm for a single opening. Such deactivation shall last no longer that fifteen (15) seconds. An off switch is not acceptable. The deactivation switch shall be located at least fifty-four (54) inches above the floor.

Emergency escape or rescue windows from sleeping rooms with access to the swimming pool or other contained body of water shall be equipped with a latching device not less than fifty-four (54) inches above the floor. All other openable dwelling unit or guest room windows with similar access shall be equipped with a screwed in place wire mesh screen or a latching device located not less than fifty-four (54) inches above the floor; or

(4)

An alarm maintained in or on the swimming pool or other body of water. The alarm shall be installed so as to activate automatically whenever a person enters the swimming pool or body of water and remain activated until manually turned off. The alarm shall sound continuously within the first seven (7) seconds after a person enters the swimming pool or body of water and be capable of providing a sound pressure level of not less than eighty-five (85) dBA when measured at ten (10) feet in any direction. The sound of the alarm shall be distinctive from other household sounds such as smoke detectors, telephones, and doorbells; or

(5)

The swimming pool shall be an above-ground swimming pool which has non-climbable exterior sides which are a minimum height of four (4) feet. Any access ladder or steps shall be removable without tools and secured in an inaccessible position with a latching device not less than fifty-four (54) inches above the ground when the pool is not in use; or

(6)

Latching or locking hard safety cover which may be latched or locked shall be deemed to meet all barrier requirements of this section for any spa or hot tub which is not more than eight (8) feet (2438 mm) in width, length or diameter; or

(7)

Alternative protection not specified herein and providing protection meeting the intent of these requirements is allowed when approved by the building official.

(c)

Compliance.

(1)

All plans submitted to the city for swimming pools to be constructed or installed after the effective date of this section shall specify the manner in which compliance with this section shall be accomplished. Submission of the plans shall constitute verification by the builder and owner of compliance with this section and the manner of compliance.

(2)

If an existing single family residence containing a swimming pool or other body of water is sold after the effective date of this section and secondary protection is required by this section, the buyer shall comply with the provisions of this section no later than thirty (30) days after the date the buyer first takes occupancy of the residence.

(d)

Maintenance. Secondary protection required by this section shall be maintained in proper operating order by the owner or occupant.

(e)

Exemptions. This section does not apply to:

(1)

A system of sumps, irrigation canals, irrigation, flood control or drainage works constructed or operated for the purpose of storing, delivering, distributing or conveying water.

(2)

Stock ponds, storage tanks, livestock operations, livestock watering troughs or other structures used in normal agricultural practices.

(3)

Public or semi-public swimming pools.

(4)

Lakes or decorative ponds.

(f)

Complaints. All complaints regarding a violation of this section shall be investigated by the fire department.

(g)

Violations. A violation of any provision of this section 32-4 shall be deemed a class 1 misdemeanor offense.

(Ord. No. 2046, § 3, 12-8-98)