(A) Application. The provisions of this section shall control the design of barriers for residential swimming pools, spas, and hot tubs. These design controls are intended to provide protection against potential drownings and near-drownings by restricting access to swimming pools, spas, and hot tubs.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABOVE-GROUND/ON-GROUND POOL. See definition of swimming pool.
BARRIER. A rigid fence or wall, a building wall, or a combination thereof which completely surrounds the swimming pool and obstructs access to the swimming pool. Materials must comply with the descriptions set forth in division (C) below.
HOT TUB. See definition of swimming pool.
IN-GROUND POOL. See definition of swimming pool.
RESIDENTIAL. That which is situated on the premises of a detached 1- or 2-family dwelling or a 1-family townhouse not more than 3 stories in height.
SPA, NONPORTABLE. See definition of swimming pool.
SPA, PORTABLE. A nonpermanent structure intended for recreational bathing, in which all controls, water-heating and water-circulating equipment are an integral part of the product and which is cord-connected (not permanently electrically wired).
SWIMMING POOL. Any structure intended for swimming or recreational bathing that contains water over 24 inches deep. This includes in-ground, above-ground, and on-ground swimming pools, hot tubs, and spas.
SWIMMING POOL, INDOOR. A swimming pool which is totally contained within a structure and surrounded on all 4 sides by walls of the structure.
SWIMMING POOL, OUTDOOR. Any swimming pool which is not an indoor pool.
(C) Requirements.
(1) Outdoor swimming pool. An outdoor swimming pool, including an in-ground, above-ground or on-ground pool, hot tub or spa, shall be provided with a barrier which shall 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 2 inches measured on the side of the barrier which faces away from the swimming pool. Where 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 4 inches.
(b) Openings in the barrier shall not allow passage of a 4-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) Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1-3/4 inches in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1-3/4 inches in width.
(e) Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches or more, spacing between vertical members shall not exceed 4 inches. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1-3/4 inches in width.
(f) Maximum mesh size for chain link fences shall be 1-1/4-inch square unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to not more than 1-3/4 inches.
(g) 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.
(h) Access gates shall comply with the requirements of divisions (C)(1)(a) through (f) of this section, and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outward, away from the pool, and shall 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 3 inches below the top of the gate; and
2. The gate and barrier shall have no opening greater than 1/2 inch within 18 inches of the release mechanism.
(i) Where a wall of a dwelling serves as part of the barrier, 1 of the following conditions shall be met:
1. The pool shall be equipped with a powered safety cover in compliance with ASTM ES 13-89;
2. All doors with direct access to the pool through that wall shall be equipped with an alarm which produces an audible warning when the door and its screen, if present, are opened. The alarm shall sound continuously for a minimum of 30 seconds immediately after the door is opened and be capable of being heard throughout the house during normal household activities. The alarm shall automatically reset under all conditions. The alarm system shall be equipped with a manual means, such as a touchpad or switch, to temporarily deactivate the alarm for a single opening. Such deactivation shall last for not more than 15 seconds. The deactivation switch(es) shall be located at least 54 inches above the threshold of the door; or
3. Other means of protection, such as self-closing doors with self-latching devices which are approved by the governing body, shall be acceptable so long as the degree of protection afforded is not less than the protection afforded by division (C)(1)(i)1. or C(1)(i)2. described above.
(j) 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, then:
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 (C)(1)(a) through (i) above. When the ladder or steps are secured, locked, or removed, any opening created shall not allow the passage of a 4-inch diameter sphere.
(2) Indoor swimming pool. All walls surrounding an indoor swimming pool shall comply with division (C)(1)(i) above.
(3) Prohibited locations. Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers.
(D) Exemptions. A portable spa or hot tub with a safety cover which complies with ASTM ES 13 entitled Emergency Standard Performance Specification for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas, and Hot Tubs, 1989 edition, shall be exempt from the provisions of this section. Swimming pools, hot tubs, and nonportable spas with safety covers shall not be exempt from the provisions of this section.
(Ord. 2005-8, passed 8-18-2005)