(a) The Ohio Building Code (OBC) and Residential Code of Ohio (RCO) as the same may be amended or recodified by the Ohio Board of Building Standards, is adopted as the Building Code of the city, for the regulation of the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area for all and maintenance of all structures, including one-, two- and three-family dwellings and their accessory structures.
(b) Pool barriers for swimming pools accessory to one-, two- and three-family dwellings.
(1) General. The provisions of these rules shall control the design of outdoor pool barriers for pools on the lot of a detached one-, two- or three-family dwelling. These design controls are intended to provide protection against potential drownings and near-drownings by restricting access to swimming pools.
(2) Definitions. For the purposes of these requirements, the terms used shall be defined as follows:
A. BARRIER. A fence, wall, building wall or combination thereof which completely surrounds the swimming pool and obstructs access to the swimming pool.
B. SWIMMING POOL. Any permanent (non-storable) structure intended for swimming or recreational bathing that contains water more than 24 inches deep. This includes in- ground, above-ground, and on-ground swimming pools.
(3) Barrier requirements. The provisions of this section shall apply to the design of barriers for restricting entry into areas having pools and spas. Where spas or hot tubs are equipped with a lockable safety cover complying with ASTM F1346 and swimming pools located at least 100 feet from the nearest adjacent dwelling are equipped with a powered safety cover that complies with ASTM F1346, the areas where those spas, hot tubs or pools are located shall not be required to comply with the following:
A. The top of the barrier shall be at least 48 inches above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be two inches measured on the side of the barrier which faces away from the swimming pool. When 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.
B. Openings in the barrier shall not allow the passage of a four-inch diameter sphere.
C. Solid barriers which 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.
D. Maximum mesh size for chain link fences shall be a 2-1/4 inch square, unless the fence has slats fastened at the top or bottom which reduce the openings to not more than 1-3/4 inches.
E. 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 1-3/4 inches.
F. Access gates shall comply with the requirements of divisions (b)(3)A. through G., and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outwards away from the pool, and 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:
1. The release mechanism shall be located on the pool side of the gate at least three inches below the top of the gate; and
2. The gate and barrier shall have not opening larger than 1/2-inch within 18 inches of the release mechanism.
G. 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:
1. The ladder or steps shall be capable of being secured, locked or removed to prevent access; or
2. The ladder or steps shall be surrounded by a barrier which meets the requirements of division (b)(3)A. through F. When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a four-inch diameter sphere.
H. Barriers shall be located to prohibit permanent structures, equipment or similar objects from being used to climb them.
(Ord. 97-75, passed 5-27-1997; Ord. 2005-53, passed 5-9-2005; Ord. 2006-30, passed 5-27-2006; Ord. 2013-6, passed 1-28-2013; Ord. 2020-64, passed 8-10-2020)