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8.3. SR 10-07-2013 City of Elk - Request for Action River O. To Item Number Mayor and City Council 8.3 Agenda Section Meeting Date Prepared by General Business October 7, 2013 Chris Leeseber ,Park Planner- Planner Item Description Reviewed by Discuss Allowed Pool Barrier Types Jeremy Barnhart,Deputy Director, CODD Reviewed by Cal Portner, City Administrator Action Requested Direction by consensus as to two questions: 1. What is the city's role in protecting pool owners; and 2. Are pool covers an acceptable barrier in lieu of fencing? Background/Discussion Currently, the city requires barrier fences as a measure to require a level of safety on private property. After the initial construction of the pool,there are no scheduled inspections of the safety measures. If the city decides private property safety is their responsibly, staff will recommend changes to the applicable ordinances regarding fencing and gate requirements, and annual inspections,including a process to monitor and inspect pools on a yearly basis to insure compliance,regardless of what is decided for allowed barriers. The intent of this is to make sure that all safety devices are in place and in working order. This would increase work load on a limited staff time/budget. If the Council feels the city should not be in the business of regulating pool safety within private property,then the means a property owner utilizes to protect their pool should be decided by the property owner and not be subject to standards,permits, and inspections. ASTM standards At the June 3, 2013, City Council meeting, staff outlined the history of the ordinance as it related to pool fencing and automatic pool covers. The Council directed staff to bring back information regarding the ASTM F1346—91 standards for pool covers. Staff reviewed several pros and cons between fences and pool covers. Price,installation, and aesthetics were reviewed and each product has compelling reasons to use them. The issue is that if the city desires to regulate pool safety,an action has to occur to render a pool safe, the cover must be employed. Barriers are not childproof,but they provide layers of protection for a child when there is a lapse in adult supervision. Barriers give parents/guardians additional time to find a child before the unexpected can occur. It is also understood that any barrier can be overcome by a willing person. ASTM F1346-91 Standard Some of the performance requirements for ASTM specification F1346-91 are summarized: P a w E A E U a r NaA f RE] • The cover should be able to hold a weight of at least 485 lbs. (2 adults and 1 child) to permit rescue operation. • Deflection of the cover does not allow the test object to pass between the cover and the side of the pool. • Have a means to drain substantially all standing water from the cover within a period of 30 minutes after cessation of normal rainfall. • Labeling requirements must include basic consumer information such as the warranty information,the appropriate warnings as described in the standard,and acknowledge the product as a safety cover. International Swimming Pool and Spa Code (ISPSC) In July 2009, the International Code Council Board approved the development of the first comprehensive swimming pool code coordinated with the current requirements found in the International Codes to meet the requirements of the Virginia Graeme Baker Act to upgrade pool safety. The International Swimming Pool and Spa Code (ISPSC) was developed with the support of the Association of Pool and Spa Professionals (APSP) and encompasses the design,installation and inspection of aquatic facilities (i.e., public swimming pools,public spas,permanently installed residential spas, above-ground/on-ground residential swimming pools, residential in-ground swimming pools,portable spas, aquatic recreational facilities, barriers for all residential pools and spas,water quality and suction entrapment avoidance for these facilities) based on the current ANSI (APSP) standards, technology and code provisions. This new code was available spring of 2012. Upon review of this document (Section 305 Barrier Requirements) the ISPSC does not include pool covers as an alternative barrier choice. US Consumer Product Safety Commission (CPSC) The CPSC publishes a Safety Barrier Guidelines for Home Pools. The only mention of safety pool covers in the document is in reference to where the wall of a dwelling serves as part of a barrier (fence). It is suggested to be an additional layer of protection with a permanent barrier. 2009 International Building Code (IBC) Code for Swimming Pools The IBC is an international code that individual states use as a base to create their codes and amend as needed. The 2009 IBC has a section regarding pool enclosures and safety devices. When the State of Minnesota adopted their building code, they amended that section out. The city uses the state building code as adopted. The 2009 IBC does not include pool covers as an alternative barrier choice. Financial Impact None Attachments ■ ASTM F1346-91 ■ International Swimming Pool and Spa Code (Section 305 Barrier Requirements) ■ Safety Barrier Guidelines for Home Pools (CPSC) ■ 2009 International Building Code ■ Email from City Attorney dated 6-25-2013 M� D�ezaiqruartdon: F!346 91 Rea.--ni proved,' 20,(Yt ,-w ` rrar�rsnrnrrae_�t. �r+p p �/�y, [; �'*� 9 /� Specification (� S'':anN�r=riald �`4�e E.n��Gug+l"^r;✓S�w:: �. e i» or 3ar.p_, 4 �'..t v+ ., and, n d �.,ab. e1, ,, . for AH C ov `rs ."-o`° s P n-v tyP ma` y ma OS and-, r rt bs .s This standard is issued under[lie fixed designation''13=14:the,;un11?er immediately❑?llou•J.rg the rtesi,tnrtiot inciic•me,the year r,f anginal adoption or,in.1112 ease or rin-Mon,the year of lest rcvkk-n.1.Humber in jmrenthescs indicate lie ynar oC iast superscript epsilon(:.)indicates an editorial change since. the last revision or reaPproval. :. Scope 3.1.2 awoutatk: r:-ovat=e.. cover which can be placed over T , the water area and removed. with a m.otor-ized nx t ist.[rusil, r.i E bts specification estab�ishes reclulienwrits for safety covets for swimming pools, spas, 'hot rubs, mid wacting pools actuared by a suitable control. mechanism. See also nolve (hereinafter referred to as {pools, useless oCherwise specified). safety cover(PSC'), other-rover- (OC). When correctly installed acid used in accordance with the 3.1:3 barrier—something th It resit-ains, or obstructs ac�ces'-• manufacturer's instructions, this specification is intended to to the body ol'water. reduce the rise,of drowning by inhibiting the access of children 3.1.4 blanket—a material used. for thermal. insulation. See tinder five years of age to the water, Also solar energy blanket. 1.2 This specification.includes performance tests to demon_ 3.1.5 cover--something that covers, pt•orects or shelters, or strate the compliance or noncompliance to requirements lsercir a combination thereof, a swyitrlming pool., spa, or hot tul�. stated for safety covers. It also includes marking requirements. 3.1..6 debris cot.=er—a cover with attendant appmteJlurice", for all covers. positioned over the pool_ area which permits the cower w 1.3 The values Stated its inch-1pouncl uaiitr;ase tcp be regarded [prevent debris, such as ,:ol ia,Te, dirt, windblown trade. anu tip,.• as the standard.. The values in pa.rentYteses .Ve given for like from enterin„ the pool. It is intended to be completes% inforrnat.ion oni.y, removed before the s retry of bathers. See: also other covers 1.4 The follmving safety hazards Caveat pertains only to the (0c). to>t tlsctltods section, Se of this ytpe cittcatiorl 71ai,s 3.1.7 decks—those areas abutting a pool, spa,or hot tub th[r.l slandarel does trot pug;lor-t to address all of the safe?tv emicerns, are specifically constructed or instance( (p-or e xarn.pic, of-,vmxt if an.y,associated with its use. It is the responsibility of the user concrete, brick, stone, and the like) for use by battlers for sittin«. standing or wallkin,, and may also act as a Mist fo- rl3• this standard to establish apl3rcrJrriaic: safr.>t)� and health r ,((([dices arise deterrrrirae the applicabililY of regudcnory iim.ila- supports for covers. tions prior to Ilse. 3.1.8 none—a semipermanent enclosr.tre supported by trusses, or positive art- pressure erected over the poot area r.0 2, e eCerenced Documents n9s provide temperature and atmosuherie coritral over the pool 2.1 AITPrt Document: onvirepnment. 3.1.9 enet;n,3 c•onsei tion—the 1. Ourricrts of hero loss fztt[7: ;pool water through, air convection Or evaporative c001i11", 0) 3, Terminology i?ot}"i. 3.1 l.)cfirritintrs of"lee(((s Specific to This Standcrrzi_ 3.1.1(; hm rub—a spas constnp<ited of wood with skies ant: :.':...1 appur tenance,s—sttborclinar-c parts or ad t[rtct acres_ bottoms formed separately; and the w?w�hole shape Joined to- sary components to the cover such as lsard.ware including tether by pressure ;rota. surrounding hoolps, bands or rod,: as buckles, straps, ties, springs, anchors, tracks, rollers, lifting distinct front spa units formed of plastic, concrete, metal, or turns, and the like, other materials. 3.1.:1-1- increcessible locations—a location ,it least 5 :€'t (:'..." — — m) above r1.se -round Nvitls no other iaccesq such as Mind o, This specification is under the jurisdiction of AST-N4 C'otmni(ice on I fiotholeta v.,rieh would pc.in.it a child to reticle the toc,rt,,,Ji. Consumer Prorincts arid is the dirzct respoasii,hty of Subcommittee. o,: 3.1.12 manual cover•—a cover v4iich requires it to be;placect C'ovcrs for Pools,;pas and[-Io Ttabs. , , (Airc•cnt edition approved Sept. 1,2010.Published December 2010. Originally over the water area by hand. See also numital .so qy cover npproverl in 1991. Last previous edition al3provcd in 2003 as Fl316 — 91 (MSC"), and Other corers (O ). Reapproved 2003).DO]: 10.1-520/P13=1f)1R10, Avsila ble from NationaJ Firr. Protection Assor.. I3atterynlarch Pas_k. Quiuev, NIA 02269. Cod yri(rh:C:?ASTP.4 lnteraation<:I.100 Bar.,Harbor nrivr;,PO?ox C703,weeit Consheho!;ken,PA 15128-2959.Unsaid Copyright tly ASTIA I li'l{all rights xcse,veal):biou:tiny 23 M34:21 F_.DT 201 1 Dow i loaded%printed by Michael Caron(Autoutulic t-Poo14(.overs,;-tnc.)pursuant to License A211-W113ent.No farther reproductions authorized. 717ening in the between the ecit-e of the private label distributors), or both, f'-abels amicbed to covory, jor comoonent or -3 d the tc)" shall mcer file -crieril recluireillents described ill and "over ano the deck surface or copirig wall, m I orb� kill t surface of the spa or pool does Dot allow the test Object to Dass throuah.The test object shall not gtnn access to the water,of be R.2 W'armng Labe is--Ail cover; shall be rcmurcd sup?j,ect to entrapment anactled the f ollowino warriiD2 Iibtl-. 6.6 Seams,ties or weleks,in the cover small',,'qow no signs of F).2.1 Signal Veorcl--IAVARNINC�. darna.ge, which wilt impair intended performance of the device 8.2.2 Sq/etY Alert the signal word tilere whell tl)e cover is tested by ti- ,to methods described in shall be triangle with an exclamation point inside the triangle. 8.2.2.1 I-Vord Alfessage--The standw-d word message shall 7. Performance Requirerilents for Safety Covers be AVOID DROWNING USK which shall 1--le the first rileM- g I .Static Load—bi the case of a nool with a width of sa�gc to appeal directly urider the si Dai word. diameter greater than 8 ft(.2.41 in)from the periphery,the cover 8.2,12 additional War-d Messoge SIaIe?7IeIlI--00VffS \v;dl shall be able to hold a weight of 495'Ib(220.0 k--)(2 adults and MV of the out],hied bazards in shall list alt ap.plklalhic child) to pel-D-.tit a rescue operatiorl. warmna statements oft the lab-L In the case of a pool with a width or diameter not 8.1 Color—Non-safety cover waraitlg label. ;greater than.S ft(2.4 m)the cover shall withstand the weight of 8.3.1 Signal Word—Black !etiers with ormige bacto-romid. 275 11) kg) (weight of a child and an acbaft). Compliance 53,2 Sa ,iy Alert Syrtilgo/—IR lack triallgle with 01-al—e e-X- shall be determitled,by the test method described ill clari-iation point. 1.2 Perimeter Def"Iclion—TIle cover shalt be designed to 8.33 ItIord Afessage—Black lettcring can -,mhite backgrolftli.t such a wav that,when it is tested by the test method described or white letters on. black W-ICkgAT-11111(l. in , ..'e,deflection of the cover does not allow the test object to 113.4 Colot=Safety cover warr.rizig label. pass between the cover arid the side of the pool, or to gain RAJI, Colors assigned to the signal word Palle] may also lie panel provided the pariel olors access to ill(- water. used for the message word c 7.3 Sm&ice Drainage—The cover shall. be so constructed, contrast with the lettering of the label. This is applicable to or incorporate a system,ystem, or have -,ill auxiliary SYStOln pl'O-vided, covers,conforming with the PSC and.MSC cla."ificafions oa[y. that �,vhcii used in accordance with the maimfecturer"s iristrue.- 8_5 11,1101-ning Luhe/�—[_ettcr size. dons,shall drain substantially all standim-,water from the Cove- Lettering shall be of ii size that enables- -It person with within a period of 30 mill after cessation of normal raip.falll. flornlal Vision., illcludilig corrected visiort, to read ill(- safely C'oftilpliance shall be determined by the test ill sim-1 or label at a Safe viewing distarice frolti. I'lic hilza.11,11-s' 7.4 Opening lists—Thc tests shall.be conducted by the test Consi6erations shoul.cl be given.to ctivironit.mital variallies that m liod described,ill to demoDstrate that.any ovelling ill the et will affect readability. I le e 8.5.2 Signal 144ord—Letter height sliall. be at least 50'c major component or between the edge of tl �ovei. and the deck set;ace or coping q wall, of-both, and the top sur-face of-,lie greater drian the selected heigIlt of the message parcel wording. pool or the top surface of the spa is suffilcielitly srila"I aml 8.5.3 Sqfetil Alert Slymhol--Safety alert symbol. when use"I strong to prevent the opening from being forced to a size that with the sialtat word shall precede-lie signal word.The htc- 09 will allow the test object. to pass through. tile safety alert Fyyalbol shall be on the same horizontal line at the base of the letters of the sir word. The height ol. 61c _7 �` - ' ' X. A sate alert svillbol shi-ill OClUal or exceed.the signal ord ot I/lilnimunra, ?,abel Requirements for AIJ Covers Vor W 3'. tor swimmilig Pools, Spas, anci. beat`.Ribs height. 5.1 Pr, -)duci Label—All covers shall be la'_)e[cd/ma.-k-cd to R.5.4 Word tr).essagc letter height shall be as defined irl identil'y Manufacturers or other responsible parties (such as "HAZARDAMARNM STATEMENT CHART" If This Hazard Exists: Add This Warning Statement: 'AVM DOI SLIJ)pffli weight(LIS d0finod in this spucificalion)Norispoured or 'Stay off cover--will not support weight. improperly secured covers `Concealment by slipping under cover 'Keep cilildren away.Children or objects cannot,be seen Linder cover. Drowning on top of cover in accumulated surface Wal P r s 1 defined in this "Remove standing Water—child can drown on top of Cover. spacificaltion) "Concealment,Entrapment—crowning uirldec cover 'Remove cover(s)c'.'Impkete-ty before entry of bathers entrapment PO-Ssible. 'General requirement for ail covers INJOII-SECUred or improperly secured cover.,;are a hazard. -Option to above for Safety Covers 'Failuro to follow ail instructions may result in injury or drowning. "Cover doos,not incot all requirements of this specification for PSG,MSC. 'Thk is not a safety Cover. Fl(,A. 1 HazardfWarning Statement Chart Copyrwlit by AS NI Ini'l fill rights reserved):jklon,May 21 18:34:21 EDT 2011 Downloaded./Prinled by Tvfi•hael Caron pursuant to License Agrmnejit.No lbrdicr reproducliorls aUtIloYiMl. II II 'P-l"345 911 (201, V x_ 9.4.3 cover shall be titted, in accord am-c. vvidi the cover naartufacturer's instructions. The ICSI Ohj('L'l hall be placed at oi-into any existing Opening and appiy,a fore,:: of 40 lbs (plus or minus J, pound) steadily to ensure h, ir.,. oo.;cct cannot pass through at the following'. critical 9.4.3.1 Any opening between the ed..-e of the cover and tiric declk su 'ace at)(!cooing wall, or both, or the top surface of the d Spa of pool. 9..:',.3." Any Opening in the n-ia' -)Onent of the cover. jor conit 10. Operating Controls, &asbty Cover-s 10.1 'he open-dose switch,Shall be spring-loaded Or Of ti v, -6 70 inornentury contact type,so d at when relcased. the cover Lup-. Nun: 1--Area= 16.6 in_` period. immediately at any point in the open or closed cycle poriod. 2—Perimeter=15.0 hi, FIG.2 Template for Swimnling Pool Cover Standarc, 10.2' The cover shall be reversible in direction from a full stop at any point in its travel without having to complete fll..: 1-1111 OI)Cn Or closed CVC'[C. 93,21 Pro•edure—Test the cover by spraying ",,-iter eve.-,. .n y over the area at an application rate of 10 gal/min por 1000 ft-' 103 Electrically operated control Switches and motors shat, m2)of pool.area for a period of 30 min. Dun 11 no this test, be installed in accordance with be -National 'Electrical 11 � c-, Article 680-26, al I equil.-mient shall operate it,,accordance with cover Vfiamrfac- turer's instructions. Thirty mintitter, after completion of this 10.4 The type of rtool covering operating: controls shall be Proccdw-e, flic cover sliall. pass the test meti-iod in At all such that: tames during the procedure, maintain, the pool level at the its fixec! .location oc,-ition is it) the lure of sjI!tIt Of the vvateflitie. complete pool cover,or by its operating urocess. This erv�ure,, 9.4 0'penings lest: that the operator:;hull'be in complete view of the cover at -ai A ; 9 .1 These tests shall be conducted to demonstrate that anv times during the closing or pool covering process. openings remain small enough to pre-vent a small child's head 10.4.2 Svaitcbing devices slaall be Ircy••operated or jociccci from gaining access to the -water. aN.•ay or able to he de-activated. or otherwise located in an 9.4.2 ORellilv,,s test ol6ject—A solid faced sphere test object inaccessible location. An inaccessible location shall be aI u with a maximum breadth of 4.5 in. height of at least live feet above the deck. ANNEX (Mandatory biformation) R.&TION(ALE Scolle A1.2 Relferenced D€cur ALIA Although the nia;ority of,eilild-dr, d A1.2.1 Allows doct.iment reviewep-, the necessit-V i rf,)a- ownino- and ricar, drowning which were reported did not involve safety covers, tion to validate the text of the stajjcjarci. those wtio purport to provide a level of s,,If(-,tv slaoul.d hr,,heid to a hi.-her level of reliability. fill'ury reports made available AT,3 Terminology fM III CPSC,' indicate that male children. one and two Years of A1.3.1. Consurners and new manufacturers may not 13c i1go,living in a home with an in-ground pout are at the highest Iarnifiar with the technological language Used within the rcx,,. risk of being involved in ',' submersion incident that requires This section also provides definitions tlor new terms created for inedical. care. this standard. Copyright byASTMInVI(all rights re.qci'x'e(i);Neon lslay2' 18:34:211-MT2011 Downloadedipmited by Midmel Caron(Automaticl-Pool-Covers.'file.)Inusuant to License Agreemunt..No tinuier reproclimion.,authorized. E _ AS7`10 International taffies no 00-sition respecting the validity of any patent rights asserted in connection with any(rein mentioned this standard.Users of this standard are exoressly advised that determination,of the validity of any such patent rights,and the risk of Infringement of such rights.are entirely their own re-sponsibflity. This standard is subject to revision at any time by the responsible technical committee and trust be reviewed even five v,,ars a?x if not revised,eitherreaptoroved onwitltdratrrn.Your comments are invited either for mvislon of this standard or for additional standards and should be addressed to AST.iLl International i-leadouarters.Vour comments will receive careful consideration at a rneetina of the responsible technical committee, which you may attend.If you feel that your comments have not received a fair hearing you should make your views known to the ASTM Comtnittc-e on Standards,at the address shown below This standard is copyrighted by ASTAI international, 100 Barr Harbor Drive,PO Gox C700. West Conshohocken,PA 1.9428-2959; United States. Individual reprints (single or frndtipie copies)of this standard may be obtained by contacting.ASTM ar the above address or at 610-832-9585 (phone). 610-882-9555 (fax), or service n?astm.org le-Inail); o?" through thn_ ASTM vvet)sife (wilmostin.org). Permission rights to photocopy the standard may also be secured from the ASTM website (wwwastm.org COPYRIGHT). Corm-mbl.by ASTI\4 lnt'I(roll Mon 1d.av 23 15:34:7-] F•DT 2111,1 -, AFSP IN The 0 CODS COUNCIL ��'Association of Pool& Spa Professionals`" INTERNATIONAL S 11VIM I N G POOL AND SPCA CODE , • - y 1 _..0- - "� ` � PUBLIC VERSION 1 .0, FEBRUARY 2011 4 0- w- 304.3 Aquatic vessels in flood hazard areas subject to high velocity wave action.Aquatic vessels installed in flood hazard areas subject to high velocity wave action (coastal high hazard areas)shall be designed and constructed in accordance with ASCE 24. 304.4 Protection of equipment. Equipment shall be elevated to or above the design flood elevation or be anchored to prevent flotation and protected to prevent water from entering or accumulating within the components during conditions of flooding. 304.5 GFCI protection. Electrical equipment installed below the design flood elevation shall be supplied by branch circuits that have ground-fault circuit interrupter protection for personnel. SECTION 305 BARRIER REQUIREMENTS 305.1 General. The provisions of this section shall apply to the design of barriers for all aquatic vessels. These design controls are intended to provide protection against the potential drowning and near drowning by restricting access to such vessels. These requirements provide an integrated level of protection against potential drowning through the use of physical barriers and warning devices. Exception: Portable residential spas and portable residential exercise spas. 305.2 Outdoor Swimming Pools. All outdoor aquatic vessels shall be surrounded by a barrier that complies with Sections 305.2.1 through 305.8. Exception: Spas or hot tubs with a lockable safety cover that complies with ASTM F1346. 305.2.1 Barrier height and clearances. The top of the barrier shall be at least 48 inches (1524 mm) above grade measured on the side of the barrier that faces away from the aquatic vessel around the entire perimeter of the vessel and for a distance of three (3) feet measured horizontally from the required barrier. The maximum vertical clearance between grade and the bottom of the barrier shall be 2 inches (51 mm) from surfaces that are not solid, such as grass or gravel, and measured on the side of the barrier that faces away from the vessel. Where the top of the vessel structure is above grade, the barrier shall be at ground level or mounted on top of the vessel structure, and the maximum vertical clearance between the top of the vessel structure and the bottom of the barrier shall be 4 inches (102 mm). The maximum vertical clearance between a surface below the barrier to a solid surface, such as concrete, and the bottom of the required barrier shall be four(4) inches (102 mm) measured on the side of the required barrier which faces away from the vessel. 305.2.2 Openings. Openings in the barrier shall not allow passage of a 4-inch-diameter (102 mm)sphere. 305.2.3 Solid barrier surfaces. Solid barriers that do not have openings shall not contain indentations or protrusions that form handholds and footholds, except for normal construction tolerances and tooled masonry joints. 305.2.4 Mesh restraining barrier/fence. Mesh fences, other than chain link fences in accordance with Section 305.2.7, shall be installed in accordance with the manufacturer's instructions and shall comply with the following: 1. The bottom of the mesh restraining fence shall be not more than 1 inch (25 mm) above the deck or installed surface or grade. ISPSC Public Version 1.0 Page 25 2. The maximum vertical clearance from the bottom of the mesh fence and the solid surface shall not permit the fence to be lifted more than four (4) inches (102 mm) from grade or decking. 3. The fence shall be designed and constructed so that it does not allow passage of a 4-inch sphere under any mesh panel. The maximum vertical clearance from the bottom of the mesh fence and the solid surface shall not be more than four (4) inches (102 mm) from grade or decking. 4. An attachment device shall attach each barrier section at a height not lower than 45 inches (1143 mm) above grade. Common attachment devices include, but are not limited to, devices that provide the security equal to or greater than that of a hook-and-eye-type latch incorporating a spring-actuated retaining lever such as a safety gate hook. 5. Where a hinged gate is used with a mesh barrier, the gate shall comply with Section 305.3. 6. Patio deck sleeves such as vertical post receptacles which are placed inside the patio surface shall be of a nonconductive material. 7. Mesh fences shall not be used on top of on ground residential pools. 305.2.5 Closely spaced horizontal members. 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 members shall be located on the aquatic vessel side of the fence. Spacing between vertical members shall not exceed 1.75 inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1.75 inches (44 mm) in width. 305.2.6 Widely spaced horizontal members. 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 1.75 inches (44 mm) in width. 305.2.7 Chain link dimensions. The maximum opening formed by a chain link fence shall be not more than 1.75 inches. Where the fence is provided with slats fastened at the top and bottom which reduces the openings, such openings shall be not more than 1.75 inches. 305.2.8 Diagonal members. Where the barrier is composed of diagonal members, the maximum opening formed by the diagonal members shall be no more than 1.75 inches (44 mm). 305.2.9 Clear Zone. There shall be a clear zone of not less than 36 inches (914 mm) around the exterior of the barrier and around any permanent structures or equipment such as pumps, filters and heaters that can be used to climb the barrier. 305.2.10 Poolside Barrier Setbacks. The aquatic vessel side of the required barrier shall be not less than twenty (20) inches from the water's edge. 305.3 Gates. Access gates shall comply with the requirements of Sections 305.3.1 through 305.3.3 and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outward away from the vessel and shall be self-closing and have a self-latching device. 305.3.1 Utility or Service Gates. Gates not intended for pedestrian use, such as utility or service gates, shall remain locked when not in use. ISPSC Public Version 1.0 Page 26 305.3.2 Double or multiple gates. Double gates or multiple gates shall have at least one leaf secured in place and the adjacent leaf shall be secured with a self-latching device. The gate and barrier shall not have openings larger than 1/2 inch (12.7 mm) within 18 inches (457 mm) of the release mechanism. 305.3.3 Latches. Where the release mechanism of the self-latching device is located less than 54 inches (1372 mm) from grade, the release mechanism shall be located on the vessel side of the gate at least 3 inches (76 mm) below the top of the gate, and the gate and barrier shall not have openings greater than 1/2 inch (12.7 mm) within 18 inches (457 mm) of the release mechanism. 305.4 Structure wall as a barrier. Where a wall of a dwelling or structure serves as part of the barrier, doors and operable windows with a sill height of less than 48 inches, that provide direct access to the aquatic vessel through the wall shall be equipped with an alarm that produces an audible warning when the door or its screen or window, is opened. The alarm shall be listed and labeled in accordance with UL 2017. In dwellings or structures not required to be Accessible units, Type A units or Type B units, the deactivation switch shall be located 54 inches (1372 mm) or more above the threshold of the door. In dwellings or structures required to be Accessible units, Type A units or Type B units, the deactivation switch shall be located not greater than 54 inches (1372 mm) and not less than 48 inches (1219 mm) above the threshold of the door. In addition, one or more of the following additional levels of protection shall be provided: 1. The aquatic vessel shall be equipped with a power safety cover that is listed and labeled in accordance with ASTM F1346. 2. The aquatic vessel shall be provided with an underwater alarm that is listed and labeled in accordance with ASTM F2208. 3. The aquatic vessel shall be provided with a laser or infrared alarm that is listed and labeled in accordance with ASTM F2208. 4. Other means of protection, such as self-closing doors with self-latching devices, which are approved, shall be accepted provided that the degree of protection afforded is not less than the protection afforded by Items 1, 2 or 3. 305.5 Pool structure as a barrier. Where an on ground residential pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, the following shall apply: 1. An onground pool wall, itself, shall be permitted to be the barrier where the pool structure is on grade and the wall is at least 48 inches (1219 mm) above grade for the entire perimeter of the pool and complies with the requirements of Section 305.3. 2. Where the means of access is a ladder or steps, the ladder or steps shall be capable of being secured, locked or removed to prevent access or the ladder or steps shall be surrounded by a barrier that meets the requirements of this section. 3. 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. 4. The barrier shall be installed in accordance with the manufacturer's instructions. 305.6 Natural barriers. In the case where the vessel area abuts the edge of a lake or other natural body of water, public access is not permitted or allowed along the shoreline, and required barriers extend to and beyond the water's edge a minimum of eighteen (18) inches, a barrier is not required between the natural body of water shoreline and the vessel. ISPSC Public Version 1.0 Page 27 305.7 Natural topography. Natural topography that prevents direct access to the aquatic vessel area shall include but not be limited to mountains and natural rock formations. A natural barrier approved by the governing body shall be acceptable provided that the degree of protection is not less than the protection afforded by manufactured or constructed means. 305.8 Indoor swimming pools. Walls surrounding indoor aquatic vessels shall comply with Section 305.4. SECTION 306 DECKS 306.1 General. Decks shall be designed and installed in accordance with the International Residential Code or the International Building Code, as applicable in accordance with Section 102.7, except as provided in this section. 306.2 Slip resistant. Decks, ramps, coping, and similar step surfaces shall be slip resistant and cleanable. Special features in or on decks such as markers, brand insignias, and similar materials shall be slip resistant. 306.3 Stair treads and risers. Stair riser heights shall be in accordance with the International Residential Code or the International Building Code, as applicable in accordance with Section 102.7.1. 306.4 Slope. The minimum slope of decks shall be in accordance with Table 306.4 except where an alternate drainage method is provided that prevents the accumulation or pooling of water. The slope for all decks, other than wood decks, shall be not greater than 1/2 inch per foot (1 mm per 24 mm) except for ramps. The slope for wood decks shall be not greater than 1/8 inch per 1 foot (1 mm per 96 mm). Decks shall be sloped so that standing water will not be deeper than 1/8 inch (3.2 mm), 20 minutes after the cessation of the addition of water to the deck. TABLE 306.4 MINIMUM DRAINAGE SLOPES Typical minimum drainage slope Surface inch per foot Textured, hand-finished 1/8 in. (1 mm per 96mm) concrete Exposed aggregate 1/4 in. (1 mm per 48mm) Carpet 1/2 in. (1 mm per 24mm) Brick and heavy textures 3/8 in. (1 mm per 32mm) finished 306.5 Gaps. Gaps shall be provided between deck boards in wood decks. Gaps shall be consistent with approved engineering methods with respect to the type of wood used and shall not cause a tripping hazard. 306.5.1 Maximum gap. The open gap between pool decks and adjoining decks or walkways, including joint material, shall be not greater than 3/4 inch (19.1 mm). The difference in vertical elevation between the pool deck and the adjoining sidewalk shall be not greater than 1/4 inch (6.4 mm). 306.6 Concrete joints. Isolation joints that occur where the pool coping meets the concrete deck shall be watertight. ISPSC Public Version 1.0 Page 28 #T��#��1"'�"I�T��A'T�T�'�'♦ "'�"'"'ITT!"�TTT�TT�►� �"TTTTTTTTI�TT� ��t��#� 1#####+#i#��i��,�,�►,��►�#*,#,�#i1►��►,+i��1t l,�i��l►i�„►#��+►��,�#li��►i#,�+►�� ,��►��►ii,�t►��►,�i�#,�+�►,�i,,�,i#,��}#�###4 }�f####�##��#��,#,�'�►�+►i#�#�#iiii�##�►i��il►��►�#��i��#�##�##i#�� ►�#�1►�#,�#i#�#�,.�i'1►ii####��####�1 #f##1 ��#♦i♦♦iii►#i�i�►�1►♦i�l►ii�►i#i�►1 ♦i#*i1►#i'�##i� ## 1#��###+##i�►'��1�i�i�#ii�iil'�'#*�ii�►,i'��►��i#��'�''�+1'�#�#,��#�►#i#�!�'�i"�i�'!�'#��'►i'►#�'4,�',►i�,�,►�►�#####}j ######+##1��#i��i��►�#i#ii�i#i##��iiiit ��1 ,►<^►ii ►##ice#�i��#��1�'►��###}♦f ######�##�►#,viii,��1�#�►„+�,�,i��1��1,,�'►,�i�'��►,,��'►,,,►'1►` �;� , , �iii'r'� �#'�'iii�►'�'#'iii#*i��'�'��'�ii��##�###1, �#a#######1►�#'�'1►�#j�►�ii�'►,►��i�f#,►ii�i►�#��#,#�i��i�,. , �i�� 1�i�ii,�+�►� ►�#i4��►�i'��ii�,'�i"i�i'�#�i;�####�� !##4##�###,�#�`##i1►i►i#i►#�►'�`i' ►##1►i►�l��►l►� � ►#+►1► �#'�'#if�'�"r#i�►#i�`,��#�!'�#��!1#4�{#� ►####1�,�i�i,��I►i,�►�#ii►#�►###��+►,�i,�11, �►�,�1�,�`,#�,�',��'��4�;1•�1�►#,�i,�#I►�►� ►,�##,#�#ii►��',�i�►,��,�,i#��,'�►®�►��r�'��###### SAFETY BARRIER GUIDELINES FOR HOME POOLS 111�11' -Mob- "w 111111110P to. 4%L 40 4db Alb, tee. �'`► �► ` •�,�"' ►•,/.►"�► �...`.++�..��. nOlO- ,.,,, 4W # ,rte -�"'``�. ,,r ,�► .,� I,..r`/'� .ter.. +fit � .eMq � 1 �� .�� ~��1F. .� i ' _�,�,� �_.,�� '_ ..,�• � �.i, ,n. x». s; !mss ,�/"�►� ./�/Ii.,.��►.``I �� ♦ i �'1/r` A^ U.S CONSUMER PRODU '"r.... �►� , ;+ -.•,,,'"'� �., �-.,�„.r ,.-' -�-�- SAFETY COMMISSION �► ++- .. ,,,. "Now- ;.► '"r— .► -.► "�,,`'" ' " — _ ..� l Pub. No. 362 Washington, DC 20207 '"' �,:,: :.,�.., .. ..low wimming pools should always be happy places. Unfortunately, each year thousands of American families confront swimming pool tragedies- drownings and near-drownings of young children. These tragedies are preventable.This U.S. Consumer Product Safety Commission(CPSC)handbook offers guidelines for pool barriers that can help prevent most submersion incidents involving young children. This handbook is designed for use by owners, purchasers,and builders of residential pools, spas, and hot tubs. The swimming pool barrier guidelines are not a CPSC standard and are not mandatory requirements. Therefore,the Commission does not endorse these guidelines as the sole method to minimize pool drownings of young children.The Commission believes,however,that the safety features recom- mended in this handbook will help make pools safer. Publication of this handbook is expected to promote pool safety awareness among owners, purchasers and builders of swimming pools. Some localities have incorporated the guidelines in this handbook into their building codes. Check with your local authorities to see whether these guidelines are included in your area's building code or in other regulations. r f s Why the Swimming Pool Guidelines Were Developed ach year,hundreds of young chil- • Most of the victims were being super- Swimming pool drownings of young dren die and thousands come close vised by one or both parents when the children have another particularly insidi- to death due to submersion in resi- swimming pool accident occurred. ous feature:these are silent deaths. It is dential swimming pools. CPSC has esti- unlikely that splashing or screaming will mated that each year about 300 children Nearly half of the child victims were occur to alert a parent or caregiver that a under 5 years old drown in swimming last seen in the house before the pool child is in trouble. pools. The Commission estimates hospital accident occurred. In addition, 23 percent CPSC staff have reviewed a great emergency room treatment is required for of the accident victims were last seen on deal of data on drownings and child more than 2,000 children under 5 years of the porch or patio, or in the yard. behavior, as well as information on pool age who were submerged in residential and pool barrier construction.The staff pools. • This means that fully 69 percent of the concluded that the best way to reduce CPSC did an extensive study of children who became victims in swim- child drownings in residential pools was swimming pool accidents, both fatal ming pool accidents were not expected to for pool owners to construct and maintain drownings and near-fatal submersions,in be in or at the pool, but were found barriers that would prevent young chil- California,Arizona and Florida, states in drowned or submerged in the water. dren from gaining access to pools. which home swimming pools are very However,there are no substitutes for dili- popular and in use during much of the 65 percent of the accidents occurred in gent supervision. year.The findings from that study led a pool owned by the victim's immediate Commission staff to develop the guide- family, and 33 percent of the accidents lines in this handbook. occurred in pools owned by relatives or friends. • In California,Arizona and Florida, drowning was the leading cause of acci- Fewer than 2 percent of the pool acci- dental death in and around the home for dents were a result of children trespassing children under the age of 5 years. on property where they didn't live or belong. • 75 percent of the children involved in swimming pool submersion or drowning 77 percent of the swimming pool acci- accidents were between 1 and 3 years old. dent victims had been missing for five minutes or less when they were found in • Boys between 1 and 3 years old were the pool drowned or submerged. the most likely victims of fatal drownings The speed with which swimming pool and near-fatal submersions in residential drownings and submersions can occur is a swimming pools. special concern:by the time a child's absence is noted,the child may have drowned.Anyone who has cared for a toddler knows how fast young children can move.Toddlers are inquisitive and impulsive and lack a realistic sense of danger.These behaviors, coupled with a child's ability to move quickly and unpre- dictably make swimming pools particular- ly hazardous for households with young children. 1 The Swimming Pool Barrier Guidelines How to Prevent a Child from Getting OVER a Pool Barrier This section explains the CPSC swimming pool barrier Athe young child can get For a Solid Barrier: guidelines with illustrated descriptions of pool barriers. over a pool barrier if No indentations or protrusions Definitions of terms used in the guidelines are provided barrier is too low or should be present, other than on page 6. if the barrier has handholds or normal construction toler- The definition of pool includes spas and hot tubs; the footholds for a child to use ances and masonry joints. swimming pool barrier guidelines therefore apply to these when climbing. structures as well as to conventional swimming pools. The guidelines recom- mend that the top of a pool barrier be at least 48 inches above grade,measured on the A successful pool barrier prevents side of the barrier which faces a child from getting OVER, away from the swimming UNDER, or THROUGH and pool. keeps the child from gaining access to the pool except when For a Barrier(Fence)Made supervising adults are present. Up of Horizontal and Vertical Members: If the distance between the 48" tops of the horizontal mem- bers is less than 45 inches,the horizontal members should be on the swimming pool side of the fence.The spacing of the vertical members should not exceed 1-3/4 inches.This size .r is based on the foot width of a young child and is intended to „• : ,��; reduce the potential for a child to gain a foothold. If there are any decorative cut- Guidelines recommend outs in the fence,the space eliminating handholds and Within the cutouts should not footholds and minimizing the exceed 1-3/4 inches. size of openings in a barrier's construction. 13/4 13/4" Less than 4 , ®mil ,.co.,_ _ _ fs• 2 If the distance between the For a Chain Link Fence: For Aboveground Pools: tops of the horizontal members The mesh size should not is more than 45 inches,the exceed 1-1/4 inches square horizontal members can be on unless slats, fastened at the top the side of the fence facing or bottom of the fence,are away from the pool.The spac- used to reduce mesh openings ing between vertical members to no more than 1-3/4 inches. should not exceed 4 inches. n ( � �l�ftMIN�,��.�■..��i�� _ This size is based on the head � breadth and chest depth of a young child and is intended to prevent a child from passingr. through an opening.Again,if > there are any decorative t cutouts in the fence,the space Aboveground pools within the cutouts should not should have barriers.The pool exceed 1-3/4 inches. structure itself serves as a bar- rier or a barrier is mounted on 13/4" 4 f' top of the pool structure. Then,there are two possi- yt�} ble ways to prevent young children from climbing up into an aboveground pool. The 4 „ steps or ladder can be designed or to be secured,locked or m re removed to prevent access, or the steps or ladder can be sur- �i in rounded by a barrier such as I ,►a� those described above. For a Fence Made Up of Diagonal Members �s.— `. (Latticework): The maximum opening in the lattice should not exceed 1-3/4 inches. 3 How to Prevent a Child from Getting UNDER How to Prevent a Child from Getting a Pool Barrier THROUGH a Pool Barrier For any pool barrier,the reventing a child from Gates: When the release mecha- maximum clearance at getting through a pool There are two kinds of nism of the self-latching the bottom of the barrier 11 barrier can be done by gates which might be found on device is less than 54 inches should not exceed 4 inches restricting the sizes of open- a residential property.Both from the bottom of the gate, above grade,when the meas- ings in a barrier and by using can play a part in the design of the release mechanism for the urement is done on the side of self-closing and self-latching a swimming pool barrier. gate should be at least 3 inches the barrier facing away from gates. below the top of the gate on the pool. To prevent a young child Pedestrian Gates: the side facing the pool. from getting through a fence These are the gates people Placing the release mechanism or other barrier, all openings walk through. Swimming pool at this height prevents a young E should be small enough so that barriers should be equipped child from reaching over the a 4-inch diameter sphere can- with a gate or gates which top of a gate and releasing the not pass through. This size is restrict access to the pool.A latch. based on the head breadth and locking device should be chest depth of a young child. included in the gate design. 1/211 3„ Gates should open out from the pool and should be self- 411 closing and self-latching.If a I� gate is properly designed, even if the gate is not completely latched, a young child pushing 4„ on the gate in order to enter 18 Aboveground Pool with the pool area will at least close Barrier on Top of Pool: the gate and may actually If an aboveground pool engage the latch. has a barrier on the top of the pool,the maximum vertical clearance between the top of Also,the gate and barrier should have no opening the pool and the bottom of the barrier should not exceed greater than 1/2 inch within 4 inches. 18 inches of the latch release mechanism. This prevents a young child from reaching through the gate and releasing the latch. All Other Gates(Vehicle Entrances,Etc.): �. Other gates should be equipped with self-latching devices.The self-latching devices should be installed as described for pedestrian gates. 4 When the House Wall Forms meet the requirements of UL doors which give ready access Part of the Pool Barrier: 2017 General-Purpose to a swimming pool. In many homes, doors Signaling Devices and open directly onto the pool Systems, Section 77. Indoor Pools: area or onto a patio which The alarm should be loud: When a pool is located leads to the pool. at least 85 dBA(decibels) completely within a house,the when measured 10 feet away walls that surround the pool from the alarm mechanism. should be equipped to serve as The alarm sound should be pool safety barriers.Measures distinct from other sounds in recommended above where a the house, such as the tele- house wall serves as part of a phone, doorbell and smoke safety barrier also apply for all alarm.The alarm should have the walls surrounding an an automatic reset feature. indoor pool. Because adults will want 54" to pass through house doors in the pool barrier without setting off the alarm,the alarm should have a switch that allows adults to temporarily deacti- vate the alarm for up to 15 © Q� seconds.The deactivation In such cases,the wall of switch could be a touchpad _ the house is an important part (keypad)or a manual switch, of the pool barrier, and pas- and should be located at least sage through any doors in the 54 inches above the threshold s of the door covered by the house wall should be con- trolled by security measures. alarm.This height was select- The importance of controlling ed based on the reaching abili- a young child's movement h'of young children. from house to pool is demon- Power safety covers can strated by the statistics be installed on pools to serve obtained during CPSC's study as security barriers.Power of pool incidents in California, safety covers should conform Arizona and Florida: almost to the specifications in ASTM half(46 percent)of the chil- F 1346-91.This standard spec- dren who became victims of ifies safety performance pool accidents were last seen requirements for pool covers in the house just before they to protect young children from were found in the pool. drowning. All doors which give If you wish further infor- access to a swimming pool mation on this standard, con- should beequipped with tact ASTM,Inc.,Philadelphia, an P audible alarm which sounds a. (formerly the American when the door and/or screen Society for Testing& are opened.The alarm should Materials),directly. sound for 30 seconds or more Self-closing doors with within 7 seconds after the self-latching devices could door is opened.Alarms should also be used to safeguard 5 Barriers for Residential Swimming Pool, Spas, and Hot Tubs he preceding explanations of the Application Swimming pool,indoor.A swimming U.S. Consumer Product Safety The guidelines presented in this document Pool which is totally contained within a Commission's pool barrier guide- are intended to provide a means of protec- structure and surrounded on all four sides lines were provided in order to make it tion against potential drownings and near- by walls of said structure. easier for pool owners,purchasers, drownings to children under 5 years of builders,technicians and others to under- age by restricting access to residential Swimming pool,outdoor.Any swim- stand and apply the guidelines them- swimming pools, spas, and hot tubs. ming pool which is not an indoor pool. selves.Detailed guidelines follow. Reading the following guidelines in con- Guidelines junction with the diagrams previously Definitions provided may be especially helpful.For Aboveground/onground pool. See defi- Section I. Outdoor Swimming Pool further information, consult your local nition of swimming pool. building department or code authority. An outdoor swimming pool, including an Barrier.A fence, a wall, a building wall inground, aboveground, or onground pool, or a combination thereof which complete- hot tub, or spa, should be provided with a ly surrounds the swimming pool and barrier which complies with the obstructs access to the swimming pool. following: Hot tub. See definition of swimming 1.The top of the barrier should be at least pool. 48 inches above grade measured on the side of the barrier which faces away from Inground pool. See definition of swim- the swimming pool.The maximum verti- ming pool. cal clearance between grade and the bot- tom of the barrier should be 4 inches Residential.That which is situated measured on the side of the barrier which on the premises of a detached one-or faces away from the swimming pool. two-family dwelling or a one-family Where the top of the pool structure is townhouse not more than three stories in above grade, such as an aboveground height. pool,the barrier may be at ground level, such as the pool structure,or mounted on Spa,nonportable. See definition of top of the pool structure. Where the barri- swimming pool. er is mounted on top of the pool structure, the maximum vertical clearance between Spa,portable.A non-permanent structure the top of the pool structure and the bot- intended for recreational bathing, in tom of the barrier should be 4 inches. which all controls,water-heating, and water-circulating equipment are an irate- 2.Openings in the barrier should not gral part of the product and which is cord- allow passage of a 4-inch diameter connected(not permanently electrically sphere. wired). 3. Solid barriers,which do not have open- Swimming pool.Any structure ings, such as a masonry or stone wall, intended for swimming or recreational should not contain indentations or protru- bathing that contains water over 24 inches sions except for normal construction tol- deep.This includes inground, above- erances and tooled masonry joints. ground,and onground swimming pools, hot tubs, and spas. 6 4.Where the barrier is composed of hori- and(b)the gate and barrier should have mounted on top of the pool structure, and zontal and vertical members and the dis- no opening greater than 1/2 inch within the means of access is a ladder or steps, tance between the tops of the horizontal 18 inches of the release mechanism. then(a)the ladder to the pool or steps members is less than 45 inches,the hori- should be capable of being secured, zontal members should be located on the 9.Where a wall of a dwelling serves as locked or removed to prevent access, or swimming pool side of the fence. Spacing part of the barrier,one of the following (b)the ladder or steps should be surround- between vertical members should not should apply: ed by a barrier which meets Section I, exceed 1-3/4 inches in width.Where there Paragraphs 1 through 9. When the ladder are decorative cutouts, spacing within the (a)All doors with direct access to the pool or steps are secured, locked, or removed, cutouts should not exceed 1-3/4 inches in through that wall should be equipped with any opening created should not allow the width. an alarm which produces an audible warn- passage of a 4-inch diameter sphere. ing when the door and its screen,if pres- 5.Where the barrier is composed of hori- ent, are opened.The alarm should sound Section II.Indoor Swimming Pool. zontal and vertical members and the dis- continuously for a minimum of 30 sec- tance between the tops of the horizontal onds within 7 seconds after the All walls surrounding an indoor swim- members is 45 inches or more, spacing door is opened.Alarms should meet the ming pool should comply with Section 1, between vertical members should not requirements of UL 2017 General- Paragraph 9. exceed 4 inches.Where there are decora- Purpose Signaling Devices and Systems, tive cutouts, spacing within the cutouts Section 77. The alarm should have a mini- Section III.Barrier Locations. should not exceed 1-3/4 inches in width. mum sound pressure rating of 85 dBA at 10 feet and the sound of the alarm should Barriers should be located so as to prohib- 6.Maximum mesh size for chain link be distinctive from other household it permanent structures, equipment or sim- fences should not exceed 1-3/4 inch sounds, such as smoke alarms,telephones, ilar objects from being used to climb the square unless the fence is provided with and door bells.The alarm should automat- barriers. slats fastened at the top or the bottom ically reset under all conditions.The which reduce the openings to no more alarm should be equipped with manual Exemptions than 1-3/4 inches. means, such as touchpads or switches,to A portable spa with a safety cover temporarily deactivate the alarm for a sin- which complies with ASTM F1346-91 7.Where the barrier is composed of diag- gle opening of the door from either direc- listed below should be exempt from the onal members, such as a lattice fence,the tion. Such deactivation should last for no guidelines presented in this document. maximum opening formed by the diagonal more than 15 seconds.The deactivation But, swimming pools,hot tubs, and non- members should be no more than 1-3/4 touchpads or switches should be located at portable spas with safety covers should inches. least 54 inches above the threshold of the not be exempt from the provisions of this door. document. 8.Access gates to the pool should comply with Section I,Paragraphs 1 through 7, (b)The pool should be equipped with a ASTM F1346-91. Standard Performance and should be equipped to accommodate a power safety cover which complies with Specification for Safety Covers and locking device.Pedestrian access gates ASTM F1346-91 listed below. Labeling Requirements for All Covers for should open outward, away from the pool, Swimming Pools, Spas and Hot Tubs. and should be self-closing and have a self- (c)Other means of protection, such as latching device. Gates other than pedestri- self-closing doors with self-latching an access gates should have a self-latching devices,are acceptable so long as the device.Where the release mechanism of degree of protection afforded is not less the self-latching device is located less than the protection afforded by(a)or(b) than 54 inches from the bottom of the described above. gate,(a)the release mechanism should be located on the pool side of the gate at 10.Where an aboveground pool structure least 3 inches below the top of the gate is used as a barrier or where the barrier is 7 For further information, write: This document is in the public domain.Therefore it may U.S.Consumer Product Safety Commission be reproduced, in part or in whole,without permission by an Washington,D.C.20207 individual or organization.However, if it is reproduced,the Web site:www.cpsc.gov Commission would appreciate knowing how it is used. To report a product hazard or a product-related injury, Write the U.S. Consumer Product Safety Commission, write to the U.S. Consumer Product Safety Commission, Office of Information and Public Affairs, Washington,D.C.20207, or call the CPSC's toll-free hotline Washington,D.C. 20207. at 1-800-638-2772 or visit its website at http://www.cpsc.gov. A teletypewriter for the hearing and speaking impaired is available on: 1-800-638-8270. (000403) IBC 2009 CODE FOR SWIMMING POOLS Section 3109 SWIMMING POOL ENCLOSURES AND SAFETY DEVICES 3109.1 General. Swimming pools shall comply with the requirements of this section and other applicable sections of this code. 3109.2 Definition.The following word and term shall, for the purposes of this section and as used elsewhere in this code,have the meaning shown herein. SWIMMING POOLS.Any structure intended for swimming,recreational bathing or wading that contains water over 24 inches(610 mm)deep. This includes in-ground, above ground and on-ground pools; hot tubs; spas and fixed-in-place wading pools. 3109.3 Public swimming pools.Public swimming pools shall be completely enclosed by a fence at least 4 feet (1290 mm)in height or a screen enclosure. Openings in the fence shall not permit the passage of a 4-inch-diameter (102 mm) sphere. The fence or screen enclosure shall be equipped with self-closing and self-latching gates. 3109.4 Residential swimming pools.Residential swimming pools shall comply with Sections 3109.4.1 through 3109.4.3. Exception: A spa with a safety cover complying with ASTM F 1346. 3109.4.1 Barrier height and clearances.The top of the barrier shall be at least 48 inches (1219 mm)above grade measured on the side of the barrier that 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 that faces away from the swimming pool.Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or 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). 3109.4.1.1 Openings. Openings in the barrier shall not allow passage of a 4-inch-diameter(102 mm)sphere. 3109.4.1.2 Solid barrier surfaces. Solid barriers which do not have openings shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints. 3109.4.1.3 Closely spaced horizontal members. 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 members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1.75 inches(44 mm)in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1.75 inches(44 mm)in width. 3109.4.1.4 Widely spaced horizontal members.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 1.75 inches(44 mm)in width. 3109.4.1.5 Chain link dimensions.Maximum mesh size for chain link fences shall be a 2.25 inch square (57 mm square)unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to no more than 1.75 inches(44 mm). 3109.4.1.6 Diagonal members.Where the barrier is composed of diagonal members,the maximum opening formed by the diagonal members shall be no more than 1.75 inches (44 mm). 3109.4.1.7 Gates.Access gates shall comply with the requirements of Sections 3109.4.1.1 through 3109.4.1.6 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. Release mechanisms shall be in accordance with Sections 1008.1.8 and 1109.13. 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 shall be located on the pool side of the gate at least 3 inches(76 mm)below the top of the gate, and the gate and barrier shall have no opening greater than 0.5 inch(12.7 mm)within 18 inches(457 mm)of the release mechanism. 3109.4.1.8 Dwelling wall as a barrier.Where a wall of a dwelling serves as part of the barrier,one of the following shall apply: I. 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/or its screen,if present, are opened. The alarm shall be listed in accordance with UL 2017. The audible alarm shall activate within 7 seconds and sound continuously for a minimum of 30 seconds after the door and/or its screen,if present, are opened and be capable of being heard throughout the house during normal household activities. The alarm shall automatically reset under all conditions. The alarm shall be equipped with a manual means, such as touchpad or switch,to temporarily deactivate the alarm for a single opening. Such deactivation shall last for not more than 15 seconds. In dwellings not required to be Accessible,Type A or Type B units,the deactivation switch shall be located 54 inches(1372 mm) above the threshold of the door. In dwellings required to be Accessible,Type A or Type B units, the deactivation switch(es) shall be located at 54 inches(1372 mm)maximum and 48 inches minimum above the threshold of the door. 2. The pool shall be equipped with a power safety cover which complies with ASTM F 1346. 3. Other means of protection, such as self-closing doors with self-latching devices,which are approved by the administrative authority, shall be accepted so long as the degree of protection afforded is not less than the protection afforded by Section 3109.4.1.8,Item 1 or 2. 3109.4.1.9 Pool structure as barrier.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 the ladder or steps either shall be capable of being secured,locked or removed to prevent access,or the ladder or steps shall be surrounded by a barrier which meets the requirements of Sections 3109.4.1.1 through 3109.4.1.8.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. 3109.4.2 Indoor swimming pools. Walls surrounding indoor swimming pools shall not be required to comply with Section 3109.4.1.8. 3109.4.3 Prohibited locations. Barriers shall be located so as to prohibit permanent structures,equipment or similar objects from being used to climb the barriers. Leeseberg, Chris From: Peter Beck <peter @peterbecklaw.com> Sent: Tuesday, June 25, 2013 11:54 AM To: Leeseberg, Chris Subject: FW: City of Elk River: Pools Chris, I agree with Roger: Our decision not to require fences should be protected by discretionary immunity. I'm not saying it's a good policy decision, but it should not subject the City to liability. Let me know if you have any other questions. Peter Peter Beck 2600 US Bancorp Center 800 Nicollet Mall Minneapolis, MN 55402 (612)991-1350 peter @peterbecklaw.com This message is from a law office, and thus may contain or attach confidential information or an attorney-client communication that is confidential and privileged by law. It is not intended for transmission to,or receipt by, any unauthorized person. If you believe that you have received this message or any attachment in error, simply delete both from your system without reading or copying,and notify the sender by e-mail or by calling (612) 991-1350.Thank you. From: Roger Knutson [mailto:RKnutson @ck-law.com] Sent:Tuesday, June 25, 2013 8:33 AM To: Peter Beck Subject: RE: City of Elk River: Pools "Public" pools, which are any pool other than a private residential pool are required to have controlled access such as fencing, Mn. Stat. § 144.1222, Mn. Rules 4717.1550. International Building Code § 3109.04 generally requires fencing for private pools but Mn. Rules § 1305.3109 deletes that IBC section from the State Building Code. A city's decision not to require fencing for private pools should not create any city liability because of discretionary immunity. Not having a fence, however, could set up the private pool owner with a liability situation. From: Peter Beck [mai Ito:geter(d)geterbecklaw.com] Sent: Monday, June 24, 2013 6:57 PM i To: Roger Knutson Subject: FW: City of Elk River: Pools Any thoughts on this one? Peter Beck R -K R(L-K LAW 01 '1 . 2600 US Bancorp Center 800 Nicollet Mall Minneapolis, MN 55402 (612)991-1350 peter @Peterbecklaw.com This message is from a law office, and thus may contain or attach confidential information or an attorney-client communication that is confidential and privileged by law. It is not intended for transmission to,or receipt by, any unauthorized person. If you believe that you have received this message or any attachment in error, simply delete both from your system without reading or copying,and notify the sender by e-mail or by calling(612)991-1350.Thank you. From: Leeseberg, Chris [mailto:CLeeseberg @ElkRiverMN.gov] Sent: Monday,June 24, 2013 4:45 PM To: Peter Beck Cc: Barnhart,Jeremy Subject: FW: City of Elk River: Pools Peter, If we as a city strip fencing/barrier requirements for pools all together, would that set the city up for liability issues also? Chris Leeseberg I Park Planner-Planner 763.635.1033 w 1763.635.1090 f 13065 Orono Parkway Elk River MN 55330 R fl R E N E I I T 1 TUBE River From: Simon, Tim Sent: Monday, June 24, 2013 4:19 PM To: Leeseberg, Chris Subject: FW: City of Elk River: Pools See below. Tim Simon I Finance Director 763.635.1029 w 1763.635.1090 f 2 13065 Orono Parkway I Elk River I MN 155330 �15 P 0 E A E Q I i INAUDiver Y11 From: Carl Bennetsen [mailto:carl(a)northerncapital-mn.com] Sent: Monday, June 24, 2013 4:21 PM To: Simon, Tim Cc: Ron Youngdahl (REMOTE) Subject: City of Elk River: Pools Tim, This is a question I think should start with your City Attorney. Each liability claim of negligence has to stand on it's own merits, depending on the individual circumstances. The LMCIT is hesitant to generalize with regard to liability negligence. The City Attorney is familiar with the City codes and requirements, and the State of Minnesota laws and requirements, and is in a better position to give advice on this matter. Carl Bennetsen Public Entity Accounts Manager Northern Capital Insurance Tel: 952-996-8864 carlbennetsen(d)northerncapital-mn.com From: Simon, Tim [mailto:TSimon(abElkRiverMN.aov] Sent: Monday, June 24, 2013 12:48 PM To: Carl Bennetsen Cc: Leeseberg, Chris Subject: FW: Signs in ROW...& Pools Can you ask the League this question also. Tim Tim Simon I Finance Director 763.635.1029 w 1763.635.1090 f 13065 Orono Parkway Elk River I MN 155330 r ��I5 P. 0 V E A E ! EE Diver T From: Leeseberg, Chris Sent: Monday, June 24, 2013 12:47 PM To: Simon, Tim Subject: Signs in ROW...& Pools Ti m, 3 I asked you a question about our liability if we allow signs in our right of ways, I have the same type of question now for pools. If we as a city strip fencing/barrier requirements for pools all together, would that set the city up for liability issues also? Thank You. Chris Leeseberg I Park Planner-Planner 763.635.1033 w 1763.635.1090 f 13065 Orono Parkway Elk River MN 55330 P 9 V E R E I L T 1 ,. NATURE li�F�r 4