Swimming Pool Ordinance

Historical and Statutory Notes

Amendments

1987 Amendment. Laws 1987, c. 22, in sub-sec. 2, deleted “body
of water enclosed in an” following “outdoor” and inserted “to contain
water”

Library References

American Digest System

Condition and use of land, buildings, and other general

1632. Enclosure of swimming pool required

A fence shall be erected and maintained around every swimming pool,
except that portable above-ground swimming pools with sidewalls of at
least 24 inches in height are exempted. A dwelling house or accessory
building may be used as part of this enclosure. All gates or doors
opening through this enclosure shall be capable of being securely
fastened at all times when not in actual use. 1988, c. 436.

Library References American Digest System

Condition and use of land, buildings, and other structures: care
required in general, see Negligence ~28. Dangerous substances,
machinery, and other instrumentalities; precautions against rnJU­ry,
see Neghgence t25. Encyclopedias

Dangerous agencies or instrumentalities; ex­posure without guard or
warning, see C.J.S. Negligence § 67. Duties with respect to particular
instrumental­ities; operations, and places; pools, ponds, and similar
bodies of water, see C.J.S. Negli­gence § 81(14).

WESTLAW Research

Negligence cases: 272k[add key number].

§ 1633. Penalty

Any person who does not comply with this chapter within 30 days. after
receiving written notice that he is in violation of its provisions,
commits a C~. 414 Digest System

ggtycJOP~ias

UUTLAW Research

Negligence cases: 272k[add key number].

I a

I I I cooiidon and use of land, buildings, and other stnctures; care
required in general. see ~egIigence ~2S.

Dangerous agencies Or instrumentalities; ex­posur~ without guard or
warning, see C.J.S. Negligence § 67. DvbeS with respect to particular
instrumental­ities; operations, and places; pools, ponds, •1634.
Municipal ordinances Dangerous substances, machinery, and other
instrumentalities; precautions against inju­ry, see Negligence ~25.

and similar bodies of water, see C.~IS. Negli­gence § 81(14). Nothing
in this chapter may be construed as a preemption by the State.
Municipalities may adopt and enforce swimming pool enclosure
ordinances, or enforce existing ordinances, that are either less
restrictive or more restrictive than this chapter, or that concern
matters not dealt with by this chapter. 1983, c. 436. American Digest
System Condition and use of land, buildings, and other structures;
care required in general, see Negligence ~28. Encyclopedias Dangerous
agencies or instrumentalities; ex­~sure without guard or waning, see
C.JS. Negligence § 67. Duties with respect to particular
instrumental­ities; operations, and places; poois, ponds,

WESTLAw Research Dangerous substances, machinery, and other
instrumentalities; precautions against inju­ry, see Negligence ~25.

and similar bodies of water, see CJS. Negli­gence § 81(14). Negligence
case~.a 272k[add key number].

§ 1635. Use of safety equipment in public pools

1.    Use of safety equipment by persons who suffer from physical
disability Or Condition. No person may prohibit the use of a life
jacket or similar device in a Public swimming pooi by any person who
suffers, as evidenced by a signed

415 Library References

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