Every person in possession of land upon which is situated a swimming pool shall at all times maintain on the lot or premises upon which such pool is located and completely surrounding such pool, lot or premises, a fence not less than four feet in height so that the swimming pool is completely enclosed by such fence, or is enclosed in part by such fence, and in part by a dwelling house or other permanent structure to which such fence is connected to form a complete enclosure at least four feet in height. Said fence shall be constructed so as to prevent any person, including small children, from crawling or passing through the same except at gates therein, which gates shall be equipped with a self-closing or self-latching device designed to keep, and capable of keeping, such gate securely closed at all times when the swimming pool is not in use. The door of any dwelling occupied by human beings and forming any part of the enclosure hereinabove required need not be so equipped.
Notwithstanding the other provisions of this section, the Building Inspector of the city is authorized upon written application, accompanied by plans, pictures or other descriptive materials satisfactory the Building Inspector, to approve any other method or means of fencing or enclosing a swimming pool that will afford adequate protection to small children. Provided, however, a decision of the Building Inspector disapproving such other methods or means of fencing or enclosing a swimming pool shall, upon the written request of the applicant, be reviewed by the Board of Examiners and Appeals created by Section 15.04.025 of the Oakland Municipal Code. Such request shall be made within ten days after notice of denial of the application. Notice shall be completed upon deposit in the United States mail of the decision in an envelope postpaid, addressed to the applicant at the address given in the application. The Board shall review the said application according to such rules of procedure as it adopts and determine whether or not the provisions of this section have been complied with.
In the event the Board of Examiners and Appeals shall likewise disapprove, or shall fail to approve, such other means of fencing or enclosing a swimming pool, the Council shall, upon the written request of the applicant addressed to the City Clerk, review the application. Such request shall be made within ten days after notice of denial of the application by said Board, said notice to be deemed completed upon deposit in the United States mail of said decision in an envelope postpaid, addressed to the applicant at the address given in the application. The City Clerk shall forthwith set said matter for hearing before the Council and cause notice thereof to be given to the applicant and to such other persons, if any, as shall have recorded an interest therein. Such hearing may, by the Council, be continued from time to time. The Council shall by resolution determine whether the proposed alternative method of fencing or enclosing the swimming pool will afford adequate protection of small children. Such determination shall be final and conclusive. (Ord. 11926, 1996: prior code § 2-5.24)

The provisions of Section 8.36.010 shall not apply to public swimming pools for which a charge or admission price is required to be paid for the use thereof, nor to swimming pools which are a part of and located upon the same premises as a hotel or motel, if the owner or operator, or the adult employee of said owner or operator is present at and in active charge of the premises upon which such pool is located. (Prior code § 2-5.25)