15.2-921 - Ordinances requiring fencing of swimming pools.
§ 15.2-921. Ordinances requiring fencing of swimming pools.
For the purposes of this section:
"Swimming pool" includes any outdoor man-made structure constructed frommaterial other than natural earth or soil designed or used to hold water forthe purpose of providing a swimming or bathing place for any person or anysuch structure for the purpose of impounding water therein to a depth of morethan two feet.
"Fence" means a close type vertical barrier not less than four feet inheight above ground surface. A woven steel wire, chain link, picket or solidboard type fence or a fence of similar construction which will prevent thesmallest of children from getting through shall be construed as within thisdefinition.
Any locality may adopt ordinances making it unlawful for any person toconstruct, maintain, use, possess or control any pool on any property in suchlocality, without having a fence completely around such swimming pool. Suchordinances also may provide that every gate in such fence shall be capable ofbeing securely fastened at a height of not less than four feet above groundlevel; that it shall be unlawful for any such gate to be allowed to remainunfastened while the pool is not in use; and that such fence shall beconstructed so as to come within two inches of the ground at the bottom andshall be at least five feet from the edge of the pool at any point.
Violation of any such ordinance may be made punishable by a fine of not morethan $300 or confinement in jail for not more than thirty days, either orboth. Each day's violation may be construed as a separate offense.
Any such ordinance may be made applicable to swimming pools constructedbefore, as well as those constructed after, the adoption thereof. No suchordinance shall take effect less than ninety days from the adoption thereof,nor shall any such ordinance apply to any swimming pool operated by or inconjunction with any hotel located on a government reservation.
(Code 1950, § 15-18.1; 1958, c. 123; 1962, c. 623, § 15.1-29; 1997, c. 587.)