(A) Barrier requirements for swimming pools, spas, and hot tubs installed in or on the lot of a one- or two-family dwelling. The provisions herein shall control the design of barriers for residential swimming pools, spas and hot tubs. These design controls are intended to provide protection against potential drownings and near drownings by restricting access to swimming pools, spas and hot tubs.
(B) Outdoor swimming pool. An outdoor swimming pool, including an in-ground, above-ground or on-ground pool, hot tub or spa shall be surrounded by a barrier that shall comply with the following requirements.
(1) The top of the barrier shall be at least 48 inches above grade, measured on the side of the barrier that faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be two inches or four inches where concrete or fixed solid material is used, measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, such as an above-ground pool, the barrier may be at ground level, such as the pool structure, or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be four inches.
(2) Openings in the barrier shall not allow passage of a four-inch-diameter sphere.
(3) Solid barriers that do not have openings, such as a masonry or stone wall, shall not contain indentations or protrusions, except for normal construction tolerances and tooled masonry joints.
(4) Where the barrier is composed of horizontal and vertical members, and the distance between the tops of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed one and three-quarters inches in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed one and three-quarters inches in width.
(5) Where the barrier is composed of horizontal and vertical members, and the distance between the tops of the horizontal members is 45 inches or more, spacing between vertical members shall not exceed four inches. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed one and three-quarters inches in width.
(6) Maximum mesh size for chain link fences shall be a two and one-quarter inch square, unless the fence has slats fastened at the top or the bottom that reduce the openings to not more than one and three-quarters inches.
(7) Where the barrier is composed of diagonal members such as a lattice fence, the maximum opening formed by the diagonal members shall not be more than one and three-quarters inches.
(8) Access gates shall comply with the requirements of division (B)(1) through (7) above, and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outward away from the pool and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches from the bottom of the gate, the release mechanism and openings shall comply with the following requirements:
(a) The release mechanism shall be located on the pool side of the gate at least three inches below the top of the gate; and
(b) The gate and barrier shall have no opening larger than one-half inch within 18 inches of the release mechanism.
(9) Where a wall of a dwelling serves as part of the barrier, one of the following conditions shall be met:
(a) The pool shall be equipped with a powered safety cover in compliance with ASTM F1346; or
(b) Doors with direct access to the pool through that wall shall be equipped with an alarm that produces an audible warning when the door and/or its screen, if present, are opened. The alarm shall be listed and labeled in accordance with UL 2017. The deactivation switch(es) shall be located at least 54 inches above the threshold of the door; or
(c) Other means of protection, such as self-closing doors with self-latching devices, which are approved by the governing body, shall be acceptable as long as the degree of protection afforded is not less than the protection afforded by division (9)(a) and (b) described above.
(10) Where an above-ground pool structure is used as a barrier, or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps:
(a) The ladder or steps shall be capable of being seemed, locked or removed to prevent access; or
(b) The ladder or steps shall be surrounded by a barrier that meets the requirements of division (B)(1) through (9) above. When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a four-inch-diameter sphere.
(C) Indoor swimming pool. Walls surrounding an indoor swimming pool shall comply with § 150.18(B)(9) above with regards to walls serving as barriers.
(D) Prohibited locations. Barriers shall be located away from permanent structures, equipment or similar objects to prohibit them from being climbed upon to gain access.
(E) Barrier exceptions. Spas or hot tubs with a safety cover that complies with ASTM F1346 shall be exempt from the provisions of this section.
(Ord. 2019-08-01, passed 9-9-19)