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• <br /> 1 ORDINANCE NO. 7 73—By <br /> 2 <br /> AN ORDINANCE requiring the fencing of all outdoor pools. <br /> 3 <br /> 4 <br /> WHEREAS, the City Council finds that there exists a need to require pools to be <br /> 5 <br /> enclosed to protect the general health, safety and welfare of the general public from <br /> 6 <br /> the dangers presented by unenclosed pools within the City; <br /> 7 <br /> NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> 8 <br /> Section 1: DEFINITIONS. <br /> 9 <br /> A. Pool - Any constructed or prefabricated pool used for swimming, wading <br /> 10 <br /> or bathing, twenty-four (24) inches or more in depth and shall include such things as hot <br /> 11 <br /> tubs and spas. Pools which are portable and used only on a temporary basis shall be <br /> 12 <br /> exempt from the requirements of this ordinance. Hot tubs and spas equipped with <br /> 13 <br /> locking covers and kept locked when not in use shall not require enclosure. <br /> 14 <br /> B. Pool-Private - Shall include all pools which are used in connection with a <br /> 15 <br /> single family residence, and available only to the family of the householder or his <br /> 16 <br /> private guests. <br /> 17 <br /> C. Pool-Public - Any pool other than a private pool. <br /> 18 <br /> D. Pool depth - The distance between the floor of the pool and the maximum <br /> 19 <br /> operating water level. <br /> 20 <br /> E. Fence - A structure of rails, stakes, boards, strung wire, etc., erected as <br /> 21 <br /> a barrier. All fences may not exceed the height requirements for fences as is set forth <br /> 22 <br /> in EMC 19.42.020 as it presently reads or is hereafter amended. <br /> 23 <br /> Section 2: ENCLOSURE. <br /> 24 <br /> A. All public and private outdoor pools shall be enclosed with a fence and <br /> 25 gates of sufficient design and strength to keep out small children. In no event shall said <br /> 26 <br /> fence measure less than forty-two (42) inches in height. <br /> 27 B. Such fence shall be constructed either around the entire perimeter of the <br /> 28 portion of the property containing the pool (back yard, side yard, etc.) or shall be <br /> 29 immediately adjacent to the pool and entirely enclose the pool. <br /> 30 <br /> 31 <br /> 32 -1- <br />