Regulation .21 Barriers.
Regulation .21 Barriers.LinkCopy Citation
A.
Except as set forth in §§B, C, and D of this regulation, an owner shall ensure that a recreational pool, semipublic 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 approved for 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 F1346 — 91; or
(2)
By following procedures per a variance under Regulation .53 of this chapter.