(1) License. No owner or occupier of land shall erect or maintain any outdoor swimming pool of any kind, in excess of one (1) foot in height, unless he first obtains a license from the Department of Licenses and Inspections. Any applicant for a license shall pay a fee of two (2) dollars and supply the following information on forms provided by the Department:^[170]

(a) the size, location and type of construction of the swimming pool;

(b) whether the swimming pool is enclosed by a fence or other protective devices are employed; and

(c) any other information required by the Department to provide for the protection of the public.

(2) Requirements. Every person owning or occupying land on which a swimming pool is placed, located, constructed or erected shall:

(a) erect and maintain an enclosure which can be locked, not less than four (4) feet in height around the pool, in order to make it inaccessible to children, when the pool is not in use; or

(b) arrange that a person not less than fifteen (15) years of age is present when the pool contains water; if such person is not in attendance, then the pool shall be emptied and remain so;

(c) cover the swimming pool with appropriate safeguards as provided by regulations of the Department when the swimming pool is not in use.

(3) Penalties. The penalty for violation of any provision of this section shall be a fine of ten (10) dollars, together with costs of prosecution, and imprisonment not exceeding ten (10) days if fine and costs are not paid within ten (10) days.