9.511 Control of Artificial Bodies of Water
Note: Commercial pools: Reference Oregon Administrative Rules, Chapter 333, Division 60 concerning public swimming pools as promulgated by the Department of Human Services under the authority established in Oregon Revised Statute 448.
(1) Every person in possession of land within the city, either as owner, purchaser under contract, lessee, tenant, or licensee, on which there is situated an excavated or portable swimming pool, fish pond or other artificial body of water which contains water 18 inches or more in depth at any point shall erect and maintain on the lot or premises upon which the pool or body of water is located an adequate fence or wall sufficient to make the pool or body of water inaccessible to small children.
(2) The fence or wall, including gates therein, shall be solid wall, picket, vertical board, or of chain link type construction and shall completely surround such pool or body of water. The fence height shall be not less than four feet above the underlying ground with openings, holes, or gaps therein no larger than four inches in any dimension except for doors or gates; provided, further, that a dwelling house or accessory building may be used as part of such enclosure.
(3) All gates or doors opening through the enclosure, except the door of any dwelling occupied by human beings and forming any part of the enclosure required above, shall be equipped with a self-closing and self-latching device designed to keep and capable of keeping the door or gate securely closed at all times when not in actual use. The self-latching device shall be placed not less than three feet above the underlying ground or otherwise made inaccessible from the outside by small children.
(4) If the exterior walls of a portable or raised swimming pool are vertical and extend at least 36 inches above the grade of the abutting ground at all points, no further fencing shall be required except such as will be necessary to enclose the ladder, steps, or other such access to the pool.
(5) Approved covers or alternate means of protection may be authorized by the Building Safety Director if they can be shown to provide protection equivalent to that described in this section.
[Amd. Sec. 7, Ord. No. 2014-147, Dec. 4, 2014; Amd. Sec. 16, 2019-133, Dec. 19, 2019.]