                                 CODE OF VIRGINIA

ORDINANCES REQUIRING FENCING OF SWIMMING POOLS (§ 15.2-921)

For the purposes of this section:
		&#8220;Fence&#8221; means a close type vertical barrier not less than four
feet in height above ground surface. A woven steel wire, chain link, picket or
solid board type fence or a fence of similar construction which will prevent the
smallest of children from getting through shall be construed as within this
definition.
		&#8220;Swimming pool&#8221; includes any outdoor man-made structure
constructed from material other than natural earth or soil designed or used to
hold water for the purpose of providing a swimming or bathing place for any
person or any such structure for the purpose of impounding water therein to a
depth of more than two feet.
		Any locality may adopt ordinances making it unlawful for any person to
construct, maintain, use, possess or control any pool on any property in such
locality, without having a fence completely around such swimming pool. Such
ordinances also may provide that every gate in such fence shall be capable of
being securely fastened at a height of not less than four feet above ground
level; that it shall be unlawful for any such gate to be allowed to remain
unfastened while the pool is not in use; and that such fence shall be
constructed so as to come within two inches of the ground at the bottom and
shall 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 more
than $300 or confinement in jail for not more than thirty days, either or both.
Each day&#8217;s violation may be construed as a separate offense.
		Any such ordinance may be made applicable to swimming pools constructed
before, as well as those constructed after, the adoption thereof. No such
ordinance shall take effect less than ninety days from the adoption thereof, nor
shall any such ordinance apply to any swimming pool operated by or in
conjunction with any hotel located on a government reservation.

HISTORY: Code 1950, § 15-18.1; 1958, c. 123; 1962, c. 623, § 15.1-29; 1997, c.
587.