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a. Temporary fencing. During the construction of any in -ground swimming pool or <br />spa, the construction area must be secured with a portable fence which is not less <br />than four feet in height. <br />1. Temporary fencing shall be flush with the ground and securely anchored. <br />2. Supportive posts shall be placed no more than eight feet apart. <br />b. Permanent fencing. <br />1. All aboveground swimming pools that have a minimum side -wall height of <br />four feet need not be fenced, but shall have removable steps, which steps <br />shall be removed when the swimming pool is unattended. In the event that <br />an accessory deck to the swimming pool is constructed, which is adjacent <br />to any part of the swimming pool, said deck shall include, on its entire <br />outside perimeter, a 36-inch-high guard rail. The guard rail shall be <br />constructed so that no open space within it is wider than six inches. <br />2. All in ground swimming pools shall require that the area be secured by a <br />permanent fence at least four feet in height. <br />3. All outdoor spas shall have either a fence as described in subsection <br />(c)(2)b.1 of this section, or a secured cover. <br />4. All permanent fencing shall have self -closing and self-latchin gates. <br />(3) Noise. <br />a. The swimming pool or spa shall be designed, constructed and sited in such a way <br />as to limit noise generated by its mechanical equipment, so as not to create a <br />nuisance and/or affect the reasonable use and enjoyment of adjacent property <br />owners. <br />b. The swimming pool and/or spa shall be sited on the parcel so that its mechanical <br />equipment, including heating and filtering equipment, is located at least 30 feet <br />from the inhabited portion of neighboring residential structures. <br />(4) Pool walkway deck and deck drains. Unobstructed deck areas not less than 48 <br />inches wide shall be provided to extend entirely around each in -ground swimming <br />pool. Swimming pool decks shall be constructed above, but not more than nine <br />inches above, the normal water line. The required deck area shall be constructed of <br />impervious material. The deck shall have a pitch of at least one-fourth inch to the <br />foot, designed so as to prevent back drainage into the pool. If deck drains are <br />provided, drain pipe lines shall be at least two inches in diameter; drain openings <br />shall have an open area of at least four times the cross sectional area of the drain <br />pipe. Deck drains shall not be connected to the re -circulation system pipe. <br />(5) Swimming pool drainage. To the extent feasible, back flush water or water from <br />pool drainage shall be on the owner's property or into approved public drainage <br />ways. Water shall not drain onto adjacent or nearby private land. <br />(6) Lighting. Lights used in conjunction with a swimming pool and/or spa shall be <br />located and constructed so as to deflect away from adjacent property and in such a <br />manner that they do not create a nuisance or affect the reasonable use and <br />enjoyment of adjacent property. <br />(7) Administration and permits. Swimming pools or spas that are less than 5,000 <br />gallons shall be allowed without the issuance of a building permit; however, a <br />