A. Spas: Compliance with this section may be accomplished with a lockable safety cover in accordance with ASTM F 1346 or by the construction of a barrier as described in this section.
B. Swimming Pools: The provisions of this section shall apply to the required barriers for all swimming pools.
1. Barrier Height: The top of the barrier shall be not less than forty-eight (48) inches above grade where measured on the side of the barrier that faces away from the swimming pool. Such height shall exist around the entire perimeter of the swimming pool and for a distance of three (3) feet where measured horizontally from the required barrier.
2. Clearances:
a. The vertical clearance between grade and the bottom of the barrier shall not exceed two (2) inches for grade surfaces that are not solid, such as grass or gravel, where measured on the side of the required barrier that faces away from the swimming pool.
b. The vertical clearance between a surface below the barrier to a solid surface, such as concrete, and the bottom of the required barrier shall not exceed four (4) inches where measured on the side of the required barrier that faces away from the swimming pool.
c. There shall be a clear zone of not less than thirty-six (36) inches around the exterior of the barrier and around any permanent or temporary structures or equipment such as pumps, filters, heaters, landscape features, etc. that can be used to climb the barrier. All trees, bushes, or other landscaping installed within this thirty-six (36) inch clear zone shall be trimmed or manicured as to not allow these items as an aid to climb the barrier. See figure 10-10-13B.2.d.
d. The swimming pool side of the required barrier shall be not less than twenty-four (24) inches from the water's edge. Required setbacks from property lines shall be in accordance with title 11, chapter 4 of the code.
e. In the case where the swimming pool area abuts the edge of a private pond or lake located on the property, a barrier along the edge of the pond or lake shall not be required provided that the barrier running perpendicular or angling away from the shoreline shall extend beyond the water's edge twenty-four (24) inches.
3. Barrier Design:
a. Barriers constructed with horizontal and vertical members- Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than forty-five (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 (1.75) inches in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed one and three quarters (1.75) inches in width. See figure 10-10-13B.3.a1
Non solid surface maximum 2' Solid surface maximum 4"
Barrier with vertical and horizontal members.
b. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal member is forty-five (45) inches or more, spacing between vertical members shall not exceed four (4) inches. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed one and three quarters (1.75) inches in width. See figure 10-10-13b.3.a2
c. Solid barriers: Solid barriers that do not have openings shall not contain indentations or protrusions that form handholds and footholds, except for normal construction tolerances and tooled masonry joints.
d. Chain link, wire, and wire mesh barriers: Chain link is allowed with a maximum opening of one and three quarters (1%) inches. Slats may be used if fastened high and low to create a max opening of one and three quarters (1 3/4) inches.
e. Dwelling wall as a barrier- Where a wall of a dwelling or structure serves as part of the barrier, all doors and operable windows with a sill height of less than fortyeight (48) inches that provide direct access to the swimming pool through the wall, shall be equipped with one or more of the following:
(1) A swimming pool with a safety cover that is listed and labeled in accordance with ASTM F 1346.
(2) An alarm that produces an audible warning when the door or window is opened. The alarm shall be listed and labeled as a water hazard entrance alarm in accordance with UL 2017. The deactivation switch shall be located fifty-four (54) inches or more above the threshold of the door.
(3) A means, approved by the Construction Services Administrator, of protection, such as self-closing doors with self-latching devices.
f. Temporary barrier- During the installation or construction of a swimming pool, the swimming pool shall be enclosed by a barrier, whether temporary or permanent. If a temporary barrier is utilized during construction, it shall be at least forty-eight (48) inches high and all of its components shall be sufficient to prevent access to the swimming pool by any persons not engaged in the installation or construction process.
4. Gates: All pedestrian gates and utility or service gates shall comply with the following:
a. Pedestrian gates: All pedestrian access gates shall open outward away from the swimming pool and shall be self-closing, self-latching and equipped to accommodate a locking device. Additionally, all pedestrian access gates shall comply with the following:
(1) The self-latching and release mechanism shall be located at least fifty-four (54) inches above grade if it is located on the side of the gate away from the swimming pool. See figure 10-10-13.4a. Self-latching and release mechanism shall toe located no less than 54" from grade when on exterior of barrier.
(2) The self-latching and release mechanism may be located below fifty-four (54) inches if it is located on the swimming pool side of the gate and the gate and barrier has no openings greater than three-eighths (3/8) inch within eighteen (18) inches of the self-latching and release mechanism.
b. Utility or service gates- All utility and service gates shall be equipped to accommodate a locking device. Utility and service gates shall remain locked when not in use or when an adult is not within the immediate vicinity of the gate. (Ord. 977, 5-30-2013; amd. Ord. 1114, 3-10-2022)