11.18, Swimming Pools, Spas and Hot Tubs

Subd. 1. Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition, and in good repair. 

Subd. 2. Location. All private swimming pools capable of holding water at a depth more than 24 inches, and any related paved areas and structures, shall not be located in a front yard and must be set back at least five feet from any property line. 

Subd. 3. Enclosures. All private swimming pools capable of holding water at a depth more than 24 inches shall have an enclosure subject to the following standards: 

  1. The pool, or the rear yard, or the entire property shall be completely surrounded by a fence or wall not less than four (4) feet in height, which shall be so constructed as not to have openings, holes or gaps larger than four (4) inches in vertical or horizontal direction, except for doors and gates. A dwelling or accessory building may be used as part of such enclosure.

B.   All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device placed no less than 45 inches from grade. All doors used to access such areas through a dwelling or accessory structure shall be made lockable and shall remain locked when the pool is not in use.

C.   Any required fencing shall be of durable wood, chain linked, masonry, or metal, and shall be of a type not readily climbed by children.

D.   An above-ground pool with a wall greater than four (4) feet in height does not require a fence if the wall cannot be readily climbed by children and all points of access are controlled to prevent access by children, including the securing or removal of all ladders and/or stairs whenever the pool is not in use. 

Subd. 4. Spas and hot tubs. Spas or hot tubs with a safety cover that is affixed with a permanent label shown to comply with ASTM F 1346 shall be exempt from the enclosure requirements of this section.

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