A. Access Barrier Required: Pools and spas in excess of twenty four inches (24") in depth shall comply with the requirements of this code.
1. Exception: Prefabricated swimming pools accessory to group R-3 occupancy, which are less than twenty four inches (24") deep, do not exceed five thousand (5,000) gallons and are installed entirely aboveground.
2. Exception: Spa with an approved lockable cover in the closed position meeting the most recent addition of ASTM standard F1 346, or equal, requiring structural support capacity of two hundred seventy five (275) pounds.
B. Access Barrier Construction Requirements: Access barriers shall comply with the following:
1. The top of the barrier shall not be less than sixty inches (60") in height above adjacent grade measured from outside the enclosed area. The vertical clearance between grade and the bottom of the barrier shall be four inches (4") maximum.
2. Wrought iron fence with open guardrails shall have intermediate rails or an ornamental pattern such that a sphere four inches (4") in diameter cannot pass. Horizontal support members shall be spaced a minimum of thirty two inches (32") apart and shall comply with subsection A of this section.
3. Mixed use of masonry and wrought iron walls shall comply with all of the following:
a. Masonry or wrought iron portion of the wall shall be a minimum of thirty two inches (32") in height.
b. Wrought iron portion of the wall shall comply with subsections B1 and B2 of this section with a maximum of two (2) horizontal members, one near the top of the masonry wall (maximum of 4 inches above top of wall) and one a minimum of sixty inches (60") above grade.
c. Chainlink fences shall have approved slats installed.
d. Public pools and spas shall comply with the health authority requirements.
C. Gates Or Doors: All gates or doors eight feet (8') in width or less shall be self-closing and self-latching. Gates shall open outward. The self-latching device for gates shall be mounted inside the enclosed area and be designed to be inoperable from outside the enclosed area. Such devices shall be mounted at a minimum of forty eight inches (48") above grade and not less than six inches (6") nor more than twelve inches (12") below the top of the door or gate. The devices shall be inaccessible from outside the enclosed area for a distance of twenty inches (20") in all directions from the latch except that opening not greater than one-fourth inch (1/4") diameter shall be permitted. Access barrier gates not required to be self-closing and self-latching shall be equipped with protected self-latching, lockable hardware and shall remain locked at all times when not in use.
Single access gates and doors integral to fences shall comply with the requirements of subsection B1 of this section and have latching devices capable of keeping the door or gate securely closed and latched.
Double gates used to close an opening shall be permanently locked. If the double gates are the only access to the protected area, one gate shall be pinned and locked in the closed position and the adjoining gate must be self-closing and self-latching.
Key operated, self-latching locks that are integral to the gate or door may be used as latching devices, so long as they are permanently locked from the outside and comply with the above installation requirements.
D. Private Pool And Spa Safety Requirements: One of the following shall be used:
1. Door Devices: Self-closing and self-latching devices installed on all doors with direct access to the pool with the release mechanism located a minimum of fifty four inches (54") above the floor.
2. Alarm System: Residential dwelling units that do not have a separate pool or spa enclosure barrier shall have an alarm installed on all doors with direct access to the pool. The alarm shall sound continuously for a minimum of thirty (30) seconds within seven (7) seconds after the door and its screen, if present, are opened, and be capable of providing a sound pressure level of not less than eighty five (85) dB when measured indoors at ten feet (10'). The alarm shall automatically reset under all conditions. The alarm shall be equipped with a manual means, such as a touch pad or switch, to temporarily deactivate the alarm for a single opening. The deactivation switch shall be located at least fifty four inches (54") above the threshold of the door.
3. Laser Or Light Beam: A laser or light beam perimeter alarm that provides an active beam barrier around the total perimeter or isolates the pool or spa may be used. The laser or light beam must have an adjustable height capability and sound an alarm of at least eighty five (85) dB both inside and outside of the home when the beam is crossed. The alarm must automatically reset after alarming. The alarm shall meet ASTM's provisional standard specifications for pool alarms (PS 128-01) and be UL listed.
4. Addition Barriers: Addition barriers that isolate the dwelling from the pool shall be a minimum forty eight inches (48") in height through which a four inch (4") sphere will not pass. Any gate shall be self-closing and self-latching per subsection D1 of this section.
Exception: Latching mechanisms may be installed on the exterior side of the gate if it is installed at least fifty four inches (54") above finished grade.
5. Power Safety Covers: Power safety covers meeting ASTM F1 346-1.
6. Other Means: When approved by the city of Elko, other means of protection may be acceptable so long as the degree of protection afforded is not less than that afforded by any of the devices described above.
E. Safety Glazing: Glazing in walls and fences within five feet (5') of the water's edge measured horizontally and less than sixty inches (60") measured vertically above grade shall be considered hazardous locations. In these locations, tempered glazing, laminated glass or plexiglas shall be used.
F. Barrier Timeliness: All required access barrier elements shall be in place prior to:
1. Setting a manufactured pool or spa.
2. The preplaster inspection of a conventionally constructed pool or spa.
3. The filling with water of artificial bodies of water.
G. Surveillance Substitute: For resort hotel type facilities only; in lieu of access barriers required above for swimming pools or spas, a pool guard may be provided so that observation is maintained at all times or an alternate method submitted in writing and approved by the city of Elko. Such submittal shall become a permanent part of the job record.
H. Responsible Party: The owner of the property upon which pools, spas or artificial bodies of water are located are responsible to establish and maintain access barriers. The owner or developer of land adjacent to an access barrier required by this section shall not reduce, degrade, or infringe on the access barrier's compliance with this code.
I. Alternative Plans Or Devices: Written alternative plans or devices for access barriers shall be submitted to the city of Elko. If approved by the city of Elko, the owner remains responsible for establishing and maintaining such approved alternate methods. (Ord. 696, 5-27-2008; amd. Ord. 721, 2-8-2011)