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§ 20-5 MARTINSVILLE CODE Sec. 20-5. Permit to construct or alter. No person shall begin construction of a swimming pool or shall alter or reconstruct any swimming pool, without~ first having submitted plans and specifications to the building official and without having obtained a permit to construct, reconstruct or alter such swim- ming pool. All plans and specifications, when approved, will be so stamped and returned to the applicant, together with a permit to construct or alter. Original tracings will not be stamped for approval. A building permit shall not be issued by the building official until approval has been granted for construction by the director of public health and other necessary depart- ments, as required by law. (Ord. of 5-10-77, § 9-1.4) Sec. 20-6. Use of alternate material; methods of construction, etc.; items not covered by chapter. (a) The provisions of this chapter are not intended to prevent the use of any alternate material, method of construction, appliance or equipment for swimming pools, if such alter- nate has been first approved and its use authorized by the director of public health. (b) When there is insufficient evidence to substantiate claims for alternates, the director of public health may require tests, as proof of compliance, to be made by an approved agency at the expense of the applicant. (c) For any items not specifically covered in this chapter, the director of public health' is hereby authorized to require that all materials, methods of construction and design features for swimming pools shall prove to function adequately, effectively and without excessive maintenance and operation difficulties, before the grants approval thereof and such approval shall be based upon the need for protecting the health and safety of those using the pool. It shall be the duty of the applicant to provide such data, tests or other adequate proof that the device, material or product will satisfactorily perform the function for which it is intended before such items shall be approved. (Ord. of 5-10-77, § § 9~1.513], 9-1.8[6]) Sec. 20-7. Fencing. (a) It shall be unlawful for any person to construct, maintain, use, possess or control any swimming pool not elevated over four (4) feet above the immediate surrounding ground level of any property in the city, unless the property on which the pool is located is enclosed with a fence, which complies with the provisions of the building code and the zoning ordinance of the city.* (b) In lieu of the property being fenced in accord with subsection (a) above, the pool itself shall be completely surrounded by a fence. Pools that are elevated above the ground shall be protected with a fence at least four (4) feet in height, of durable weather-proof material at all times, and equipped with a self-locking gate or door that shall be kept locked when the pool is not in use. . *Cross references--Building code, § 6-1; zoning ordinance, App. B. 1188