§ 13-6-101. SWIMMING POOL ENCLOSURE.

(a)

Required. A person who owns land on which there is a swimming pool that contains 24 inches (610 mm) or more of water in depth at any point shall erect and maintain on the land an adequate enclosure surrounding either the property or pool area sufficient to make the body of water inaccessible to small children.

(b)

Height. A swimming pool enclosure, including gates, may not be less than 4 feet above the underlying ground.

(c)

Gates. All gates shall be self-latching with latches placed 4 feet above the underlying ground and otherwise made inaccessible from the outside to small children.

(d)

Alternative enclosures.

(1)

For purposes of this section, the owner may use a natural barrier, hedge, or other protective device approved by the Department of Permits, Approvals and Inspections if the degree of protection afforded by the substituted devices or structures is not less than the protection afforded by the enclosure, gate, and latch described in subsections (a) through (c) of this section.

(2)

A swimming pool cover is not another protective device that may be approved by the Department of Permits, Approvals and Inspections.

(e)

Enforcement. The Code Official may enforce the provisions of this section in accordance with Article 3, Title 6 of the Code.

(f)

Exceptions. This section does not apply to a public swimming pool or bathing beach as defined in Subtitle 2 of this title.

(1988 Code, § 20-5) (Bill No. 94-95, § 1, 8-19-1995; Bill No. 105-00, § 2, 7-1-2004; Bill No. 82-06, § 4, 8-24-2006; Bill No. 122-10, §§ 6, 30, 1-16-2011)