(A) Application. The provisions of this chapter shall control the design of barriers for residential swimming pools, spas, and hot tubs. These design controls are intended to provide protection against potential drowning and near-drownings by restricting access to swimming pools, spas and hot tubs.
(B) Outdoor swimming pool. An outdoor swimming pool, including an in-ground, aboveground or on-ground pool, hot tub or spa shall be provided with a barrier which shall comply with the following:
(1) The top of the barrier shall be at least 48 inches (1219 mm) 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 (51 mm) 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 aboveground 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 (102 mm).
(2) Openings in the barrier shall not allow passage of a 4-inch-diameter (102 mm) sphere.
(3) 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.
(4) 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 (1143 mm), the horizontal member shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1-¾ inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1-¾ inches (44 mm) in width.
(5) Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches (1143 mm) or more, spacing between vertical members shall not exceed 4 inches (102 mm). Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1-¼ inches (32 mm) in width.
(6) Maximum mesh size for chain link fences shall be a 1-¼ inch (32 mm) square unless the fence is provided with slats fastened as the top or the bottom which reduce the openings to not more than 1-¾ inches (44 mm).
(7) Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal member shall not be more than 1-¾ inches (44 mm).
(8) (a) Access gates shall comply with the requirements, divisions (B)(1) through (7) above, 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 (1372 mm) 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 as least 3 inches (76 mm) below the top of the gate; and
2. The gate and barrier shall have no opening greater than ½ inch (12.7 mm) within 18 inches (457 mm) of the release mechanism.
(b) Where a wall of a dwelling serves as part of the barrier 1 of the following conditions shall be met.
(9) Where an aboveground 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:
(a) The ladder or steps shall be capable of being secured, locked or removed to prevent access; or
(b) The ladder or steps shall be surrounded by a barrier which meets the requirements, of divisions (B)(1) through (9) of this section. When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a 4-inch-diameter (102 mm) sphere.
(C) Prohibited locations. Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers.
(D) Barrier exceptions. A portable spa with a safety cover with complies which ASTM ES 14, shall be exempt from the provisions of this chapter. Swimming pools, hot tubs and nonportable spas with safety covers shall not be exempt from the provisions of this chapter.
(1989 Code, § 103.05) (Ord. 926, passed 9-11-2001)