10.17.01.21

.21 Barriers.

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 the entrance gate is open, an opening in the barrier and in the 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 does not have openings or footholds that make the barrier easy to climb;

(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; and

(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) The barrier main access gate:

(a) Is located toward the shallow end of a pool;

(b) Has a latch release located at least 54 inches from grade level;

(c) Is lockable;

(d) Is hung to open away from the pool or spa;

(e) Has a minimum width of 4 feet; and

(f) Complies with Regulation .37 of this chapter; and

(11) Doors and windows that open into the pool or spa area enclosed by the barrier have locks or latches to prevent unauthorized entry.

B. An owner shall ensure that a barrier at a semipublic pool or semipublic spa:

(1) Has a minimum height of 60 inches;

(2) Has a gate that is self-closing and self-latching; and

(3) Complies with the requirements in §A(2)—(11) of this regulation.

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 2-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.