§ 402-3. Enclosure.

A. 

All swimming pools to be constructed, or which already have been constructed, shall be enclosed by a fence which shall be a minimum of four feet, and a maximum of six feet, in height and shall be so constructed as to have no openings, holes or gaps larger than two inches in any dimension. If the fence or wall is a picket fence, the horizontal dimensions maintained shall not exceed four inches. A dwelling or accessory building may be used as part of such enclosure.

B. 

All gates or door openings through such enclosure shall be equipped with a self-closing, self-latching device on the pool side for keeping the gate or door securely closed at all times when not in use, except that the door of any dwelling or accessory building which forms a part of the enclosure need not be so equipped. The fence shall surround the pool and the deck area. Fences shall be erected around all existing swimming pools no later than May 31, 1993.

C. 

Portable aboveground pools having walls which extend four feet or greater in height above ground may be excluded from the fencing requirement; provided, such pools are equipped with access ladders which may be raised and locked in a near-vertical position when the pool is unattended. An aboveground pool as described in this subsection which is serviced by a ladder or steps which cannot be raised and locked so as to prevent access by small children shall be enclosed in accordance with this article.

D. 

In the event that access to the swimming pool surface is provided by permanent ladder or steps, so that the same may not be removed and stored in accordance with this section, then, in that event, a nonclimbable self-locking gate shall be constructed at the top of the steps along with such other nonclimbable fencing as may be sufficient to prohibit access to the swimming pool.