Current through Register Vol. 51, No. 19, September 20, 2024
A. Except as
set forth in §§B, C, and D of this regulation, an owner shall ensure
that a recreational pool, semipuhlic pool, or public spa, including the
required deck area, is completely surrounded by a barrier that complies with
the following requirements:
(1) The top of
the barrier is at least 72 inches above grade measured on the side of the
barrier that faces away from the pool or spa;
(2) The maximum vertical clearance between
grade and the bottom of the barrier is 4 inches measured on the side of the
barrier that faces away from the pool or spa;
(3) Except when a door or gate that allows
access to the pool or spa area enclosed by the barrier is open, an opening in
the barrier including in a door or gate does not allow passage of a sphere 4
inches in diameter;
(4) Fence
pickets have a maximum separation of 4 inches;
(5) The barrier discourages climbing by
preventing access to nearby structures to simplify climbing over it, such as
light poles, site furnishings, overhanging tree limbs, or other obvious
footholds or handholds;
(6) A
barrier with horizontal members less than 45 inches apart measured top to top
does not have:
(a) Vertical openings greater
than 1-3/4 inches in width; or
(b)
Horizontal members on the outside of the barrier;
(7) The barrier does not have decorative
cutouts greater than 1-3/4 inches in width;
(8) A chain link fence has a maximum mesh
size of 2-1/4 inches;
(9) A lattice
fence has a maximum mesh size of 1-3/4 inches;
(10) Except as provided in §A(11) and
(12) of this regulation, a door or gate that allows access to the pool or spa
area enclosed by the barrier shall:
(a) Have
the release to open the door or gate located:
(i) At least 54 inches from the floor level;
or
(ii) Between 34 and 48 inches
from the floor level when an electronic or combination mechanical release
device is used to release the door or gate;
(b) Be locked to prevent unauthorized entry
to the pool or spa area;
(c) Open
away from the pool or spa area;
(d)
Have an opening that provides a minimum width of 32 inches between the gate or
door stop and the face of the gate or door with the gate or door open 90
degrees; and
(e) Comply with
Regulation .37 of this chapter;
(11) A door or gate that allows access to the
pool or spa area enclosed by the barrier and is designated as fire egress from
a building:
(a) May not be included in any
facility approvedfor construction after May 27, 2022; and
(b) Is exempt from §A(10)(c) of this
regulation;
(12) A door
or gate used exclusively for maintenance or service access is exempt from
§A(10)(a) and (c)-(e) of this regulation; and
(13) A window that is a part of the barrier
may not be able to be opened more than 4 inches.
B. An owner shall ensure that a barrier at a
semipublic pool or semipublic spa:
(1) Has a
minimum height of 60 inches; and
(2) Has a gate that is self-closing and
self-latching.
C. Except
as provided in §D of this regulation, an owner may surround a pool and
spa, multiple pools, or multiple spas at one facility with one barrier instead
of separate barriers for each pool or spa.
D. An owner shall ensure that a wading pool
or infant pool is separated from a pool or spa by a barrier that has:
(1) A minimum height of 36 inches;
(2) A maximum 4-inch separation between the
deck and the bottom of the barrier;
(3) No opening that allows the passage of a
sphere 4 inches in diameter; and
(4) An entrance gate with a latch.
E. An owner of a pool or spa with
a barrier that includes a door or gate designated as a fire egress from a
building shall ensure that whenever a lifeguard is not on duty, the pool or spa
is secured:
(1) With a cover that has a
visible label indicating that it meets ASTM Fl346 - 91; or
(2) By following procedures per a variance
under Regulation .53 of this chapter.
