(A) General. Every swimming pool shall be completely enclosed by a permanent fence, wall or barrier intended to restrict access to the swimming pool from public property, adjacent private property, and directly from all dwelling units or guestrooms located on the same premises as the swimming pool. For purposes of this section, the term SWIMMING POOL shall mean any structure intended for swimming, diving or recreational bathing which contains water 18 inches or more in depth at any point, including temporary, portable or permanent swimming pools, hot tubs or spas, whether located indoors, outdoors, in ground, on grade or above grade.
(1) Exceptions include:
(a) In lieu of the barrier requirements listed, a spa, hot tub or other contained body of water which is more than 18 inches in depth and less than eight feet at its widest point may be equipped with a safety cover which complies with ASTM F-1346.
(b) Aboveground swimming pools which have nonclimbable sides not less than 48 inches high above adjacent ground level may be located on a single family residential property without requiring a fence or barrier between the pool and the dwelling while still requiring the pool to be fenced/enclosed from other properties, provided any steps or ladders are either removable without the use of tools or are designed to be secured in an inaccessible position with a lock or latch located not less than 54 inches above adjacent ground level. Prior approval of the Chief Building Official shall be required for this exception to be applicable.
(2) The swimming pool enclosure and barrier detail requirements of this section shall apply to all new swimming pools installed on or after the adoption hereof, and to all alterations, repairs or replacements made to existing swimming pool enclosures.
(3) It is the responsibility of the property owner and any other responsible person in charge of a swimming pool to ensure that the required swimming pool enclosure, including all gates, doors, locks, latches and other portions of the barrier, are maintained in safe and in good working order at all times. No person shall alter or remove any portion of a swimming pool enclosure except to repair, reconstruct or replace the enclosure in compliance with the provisions of this section.
(B) Barrier details.
(1) Generally.
(a) Swimming pool barriers shall be of a permanent fence, a wall, a building wall, or a combination thereof which completely surrounds the swimming pool. The pool side of the barrier shall not be less than 20 inches from the water's edge. The top of the barrier, including all gates and doors therein, shall not be less than five feet above the floor or underlying ground, measured on the exterior side of the enclosure.
(b) Exception: Due to changes in pool technology, the 20-inch requirement may be waived by the Chief Building Official in those circumstances where this waiver will not affect the intent of this section (pool safety). There shall be no openings, holes or gaps in a swimming pool barrier large enough for a sphere four inches in diameter to pass through. A barrier fence or wall shall not be climbable; that is, have no handholds or footholds accessible from the exterior side of the enclosure. Wire mesh or chain link fences shall have a maximum mesh size of one and three-fourths inches measured horizontally.
(2) Gates. All gates in a swimming pool enclosure shall be equipped to accommodate a locking device. All pedestrian access gates shall be self-closing and self-locking and open outward, away from the pool. Gates other than pedestrian access gates need not be self-closing or self-locking when they are kept secure by a padlock or similar locking device. Gate locks shall be located not less than 54 inches above the underlying ground. Exception: The Chief Building Official may approve the use of a self-latching device if it is demonstrated that comparable safety may be achieved with this substitution and approval is secured in advance.
(3) Doors. All doors leaving from a dwelling unit or guestroom directly into a swimming pool enclosure shall be self-closing and self-locking. Sliding doors shall not form part of a required barrier unless the self-closing and self-locking mechanism is specifically approved by the Chief Building Official for this purpose prior to construction.
(4) Windows. Emergency escape or rescue windows from sleeping rooms which face within a swimming pool enclosure shall be equipped with a latching device located 54 inches above the floor. All other operable dwelling unit or guestroom windows facing within a swimming pool enclosure shall be equipped with screwed in-place wire mesh screen, a keyed lock that prevents opening the window more than four inches, or a latching device located not less than 54 inches above the floor.
(C) Limitation of application. This section does not apply to:
(1) A system of sumps, irrigation canals, irrigation, flood control or drainage work constructed or operated for the purpose of storing, delivering, distributing or conveying water;
(2) Stock ponds, storage tanks, livestock operations, livestock watering troughs, or other structures used in normal agricultural purposes;
(3) Pools which are regulated by the Arizona Department of Environmental Quality;
(4) Ornamental water fixtures not intended for swimming, recreational bathing or other water-related activities; or
(5) A contained body of water or barrier constructed prior to the effective date of this section.
(D) Site requirements. The site of the contained body of water subject to this section shall be located in accordance with yards and courts, as set forth in § 153.093. The location of accessory equipment shall be in accordance with the requirements of the latest adopted edition of the International Mechanical Code.
(E) Approval required before use. These enclosure requirements shall be in place and approved prior to admitting water into the swimming pool, hot tub, spa or other regulated water container.
(F) Stricter provisions. This section, adopted after the effective date of A.R.S. § 36-1681, is certified as being equal to or more stringent than the provisions thereof.
(G) Fencing requirement not exempted. Exemption from other requirements of the Zoning Regulations or adopted building codes shall not eliminate requirements for pool fencing as required by this section.
(H) Interpretation. Enclosure requirements and performance criteria shall be interpreted and ruled by the Chief Building Official. He or she may approve alternate designs if investigation of the alternative finds that the proposed design is satisfactory and provides the same or a higher level of safety. The Chief Building Official's decisions may be appealed to the Building Safety Advisory and Appeals Board.
(Ord. § 579, passed 9-4-2008)