Above-ground pools holding water over 18 inches deep are 'swimming pools' under LEMC 15.36.040 and need a barrier. Where a fence sits atop the pool wall, ground clearance may be up to 4 inches, and any ladder or steps must be lockable, removable, or separately fenced.
LEMC 15.36.040 defines a swimming pool to include in-ground, aboveground and on-ground pools holding water over 18 inches deep, so above-ground pools are subject to the LEMC 15.36.050 barrier requirement. Where a barrier is mounted on top of the above-ground pool structure, the maximum clearance between the top of the structure and the bottom of the barrier is 4 inches (LEMC 15.36.050.A). Under LEMC 15.36.050.E, where the pool structure is the barrier (or the barrier sits on top) and access is by ladder or steps, the ladder or steps must be securable, lockable or removable, or be surrounded by a barrier meeting items A through D. The 60-inch height and self-closing self-latching gate rules otherwise apply.
An above-ground pool left accessible by an unsecured ladder or without a compliant barrier is correctable by the enforcement agency under Title 15 LEMC and creates civil liability. A securing barrier under items A through D is still required.
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