A. Access Barrier Required: Pools, spas or water features with a depth of eighteen inches (18") or greater shall be completely enclosed with access barriers. Other manmade bodies of water with a depth of eighteen inches (18") or greater shall have access barriers erected at locations which would allow public accessibility.
Exceptions:
1. Access barriers are not required if the location of the artificial body of water provides restricted access in itself, such as in a planned unit development, golf course or business facility with entrance restricted solely to owners, members or guests.
2. Access barriers are not required for private or public irrigation channels, or publicly owned artificial bodies of water such as drainage channels, flood control structures and ponds.
B. Access Barrier Construction Requirements: Access barriers shall consist of a wall or fence not less than five feet (5') in height. The maximum size of vertical openings in the access barrier shall not permit a sphere four inches (4") in diameter to pass through. Chainlink fences less than six feet (6') in height shall not be used as access barriers unless slats, woven wire mesh over the chainlink, or other means approved by the building official is used to prevent the openings from affording a climbing surface. Chainlink fences six feet (6') in height or greater are acceptable without additional modification. Decorative features and horizontal members may be installed on access barriers, provided they are made unclimbable by installation of rigid shielding material with openings that a sphere greater than one-fourth inch (1/4") in diameter may not pass through.
Exception: Building or structures may be used as an access barrier component, provided they meet the same standards as fences or walls detailed above.
C. Gates Or Doors: Gates or doors may be installed within access barriers when all the following conditions are met:
Exception: Doors within buildings serving as components of the access barrier need not comply.
1. Gates or doors shall be at least as high as the required height of the access barrier.
2. Gates or doors shall be equipped with self-closing and self-latching devices, mounted on the inside, at a minimum of four feet (4') above the ground or floor level of the exterior side and not to be within six inches (6") of the top of the gate or door. These devices shall be capable of keeping the gate or door securely closed and latched.
Exception: Gates spanning an opening of eight feet (8') or greater need not be self-closing and may use manually operated latching devices.
3. The required latching devices shall be designed to be inoperable from outside the enclosed area except with a key operated lock which is integral to the gate; removable locks are unacceptable.
Exception: Gates spanning an opening of eight feet (8') or greater may use a removable lock. Such gates shall remain locked when not in use.
4. The latching devices must be protected from access from the exterior side by rigid shielding material for a distance of twenty inches (20") to either side and below all portions of the latching device and to the top of the gate or door. The rigid shielding material may have openings such that a sphere greater than one-fourth inch (1/4") may not pass through.
Exception: Latch shielding material need not be provided for gates spanning an opening of eight feet (8') or greater using a removable lock in compliance with subsection C3 of this section.
D. Safety Glazing: Glazing in walls and fences used as an access barrier shall be considered as hazardous locations and shall comply with the requirements for safety glazing contained within the currently adopted building code, when all of the following conditions are present:
1. The bottom edge of the glazing is less than sixty inches (60") above grade on the pool, spa or water feature side of the glazing; and
2. The glazing is within five feet (5') of the pool, spa or water feature water's edge.
E. Barrier Timeliness: All required access barrier elements shall be in place prior to:
1. Setting a manufactured pool, spa or water feature in place;
2. The preplaster inspection of a conventionally constructed pool, spa or water feature;
3. The filling with water of artificial bodies of water.
F. Surveillance Substitute: For artificial bodies of water for which access barriers would be required by this section, the building official may approve a written plan from the owner for periodic, reasonable surveillance of the artificial body of water by a watchman or security guard as a substitute for the required access barriers.
For resort hotels only, surveillance of the swimming pool, spa or water feature by a watchman or security guard may be substituted for both the required access barriers and for the pool guard. A written description and statement of how surveillance is to be provided must be submitted to and approved by the building official prior to filling the unit with water. This document will become a permanent part of the job record.
G. Guard Or Cover Substitute: For "planned unit developments", as defined in section 9-2-2 of this code or for resort hotels, in lieu of access barriers required above for artificial bodies of water, swimming pools or spas, a pool guard may be provided so that observation is maintained at all times. In lieu of access barriers, private spas may have a cover substitute. The cover shall provide structural support capacity of two hundred seventy five (275) pounds distributed over a diameter of eight feet (8') and be tested by an approved agency as meeting ASTM standard 1346 or equal. The cover shall be capable of being locked in the covered position.
H. Responsible Party: The party responsible to establish and maintain access barriers for pools, spas or artificial bodies of water is the owner of the property upon which they are located. 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: The building official may approve written alternative plans or devices for access barriers which provide equivalent protection, but the owner remains responsible for establishing and maintaining such approved alternative plans or devices. (Ord. 188, 7-8-1997)