§ 163-2. Fencing requirements; access devices.

A. 

Below-ground private swimming pools shall be enclosed by a suitable nonclimbable fence not less than five feet in height and containing a gate which shall be self-closing and self-latching so that the pool would be inaccessible to small children when an adult is not present.

B. 

Aboveground private swimming pools.

(1) 

Aboveground private swimming pools shall be enclosed by:

(a) 

A nonclimbable fence as described in Subsection A; or

(b) 

In the case of aboveground private swimming pools having smooth exterior sides less than five feet in height or having a perimeter deck accessible only by ladder, stairs or similar device, a suitable nonclimbable fence or barricade extending upward from the edge of the exterior pool side or the surrounding deck, as the case may be, provided that the top of any such fence or barricade extension shall be at least five feet above the ground.

(2) 

Aboveground private swimming pools having smooth exterior sides extending five feet or greater above the ground shall not require any additional fencing under this section.

C. 

Attached ladders, stairs or similar access devices used in connection with aboveground private swimming pools not enclosed by fencing as described in Subsection A above shall swing out of the way and be maintained as not usable when the pool is not in use. If a movable ladder is used for getting in and out of such a pool, it shall be inaccessible to small children when an adult is not present.