CHAPTER 123

AN ACT to amend the Code of Virginia by adding a section numbered
15-10.2 relating to the power of governing bodies of counties, cities
and towns to adopt ordinances requiring the fencing of swimming

pools.
(S 47]
Approved February 27, 1958

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding a section numbered
15-10.2 as follows:

§ 15-10.2. For the purposes of this section the following terms shal]
have the meanings respectively assigned to them:

“Swimming pool” shall include any outdoor man-made structure con-
structed 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; and

“Fence” shall mean 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 con-
strued as within this definition.

The governing body of any county, city or town may adopt ordinances
making it unlawful for any person to construct, maintain, use, possess
or control any pool on any property in such county, city or town, without
having completely around such swimming pool a fence as hereinabove
defined. 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 three hundred dollars or confinement in jail for not more
than thirty days, either or both. Each day’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
but no such ordinance shall take effect less than ninety days from the
adoption thereof, nor shall any such ordinance apply to any swimming
pool ansrated by or in conjunction with any hotel located on a government
reservation.