7.2. SR 11-18-2013City of
Elk
River
Request for Action
To
Item Number
Mayor and City Council
7.2
Agenda Section
Meeting Date
Prepared by
Public Hearinj
November 18, 2013
Chris Leeseber , Park Planner - Planner
Item Description
Reviewed by
City of Elk River for an amendment to the City's
Zoning Ordinance regarding pool safety barriers,
j remy Barnhart, Deputy Director, CODD
Reviewed by
Case No. OA 13 -03
Cal Portner, City Administrator
Action Requested
Adopt by motion an ordinance amending Section, 30 -796, Fences; visibility at intersections and driveways
as it relates to pool covers and gates.
Background /Discussion
The draft ordinance is consistent with the direction provided by Council at their meeting in October.
Planning Commission Comments
A Planning Commissioner asked if the automatic pool cover was required in addition to the fencing.
Staff clarified that it was one or the other, not both. It was also asked what ASTM (American Society for
Testing and Materials) stood for, which is the standard for performance that the proposed ordinance
references.
The commission wanted to know how many other communities allow this type of barrier. Staff indicated
that they only knew of Rogers but also clarified that the International Swimming Pool and Spa Code does
not include pool covers as an alternative barrier choice, the 2009 International Building Code For
Swimming Pools does not include pool covers as an alternative barrier choice, and the US Consumer
Product Safety Commission suggested they be an additional layer of protection with a permanent barrier.
Public Hearing Comments
There was no one to speak in favor or against the proposal.
The Planning Commission recommended approval of the request by a 4 -1 vote.
Financial Impact
None
Attachments
• Planning Commission Memo dated November 12, 2013
• Proposed Ordinance
P a w E A E U s r
NaA f RE]
1 ,,, Request for Action
River
To Item Number
Planning Commission 4.2
Agenda Section Meeting Date Prepared by
Planning Items November 12,2013 Chris Leeseber ,Park Planner-Planner
Item Description Reviewed by
Request by City of Elk River for an amendment to Jeremy Barnhart, Deputy Director, CODD
the City's Zoning Ordinance regarding pool safety Reviewed by
barriers, Case No. OA 13-03—Public Hearing
Action Requested
Staff recommends approval of the proposed language as it relates to pool covers and gates.
Background/Discussion
The attached memo outlines the history,but in summary: The city has received a number of questions
regarding alternatives to fencing over the past several years and a resident last spring asked the City
Council to consider amending the ordinance to allow pool covers. The council directed staff to review
the issues and report back.
At their October 7,2013 meeting, the City Council directed staff to draft an ordinance that allows for the
use of pool covers in lieu of fencing, as long as the pool cover meets ASTM F1346-91 specification. This
regulation is similar to that found in the city of Rogers.
ASTM F1346-91 Standard
Some of the performance requirements for ASTM specification F1346-91 are summarized:
• 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 min
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.
In addition to the pool cover requirements, staff recommends additional language requiring self-closing,
self-latching gates. Currently the ordinance does not specify this.
A City Council memo is attached for your reference to the history of this request.
Financial Impact
None
NA TUR"El
Attachments
• Proposed Ordinance
• City Council memo dated October 7, 2013
K\Departments\Community Development\Planning\Case Files\OA\OA 13-03 Pool Barriers\OA 13-03_sr city 11-12-13.docx
E City Request for Action
leer
To Item Number
Mavor 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 priv=ate 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 allou3ed 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
propert; 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.
ASTWI 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 corers. The Council directed staff to bring back information regarding the
ASTNI 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 ASTNI specification F1346-91 are summarized:
P 9 W E 8 E 1 0 r
• The cover should be able to hold a wTeight 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 warrants'
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,pennanently 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,eater 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 Conmaission(CPSC)
Tlie 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, deices. 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
• ASTiM 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
Designation: F1,746 -91 (Reapproved 20"01
Standard Performance Specification for
Solp-ty (.""overs and Labeling -Requirements for All Covers for
Swimming Pools, Spas and Hot Tubs'
This standard is issued under the fixed designafion F13-1b:tire number immediately follol•in,the designalion indicale,Are Year of
original arloption or,in.the caw of revision,the year,of last cc'Osirm.A number in parentheses indicates the year of last r7;jppr'1v.n1.A
superscript epF0011(s)indicates an editorial change shice.the Imi revKicn or reaprroval-
Scope 3.1.2 GLI.10rnariC cot--er—a cover which can be placed
ovvr
I This specification establishes requitenents f or safety the water area and removed with a j nororized meebanisir.
covers for Swimming pools, Spas, hot nibs, and wading pools actuated by a suitable control mechanism. See also Poii,-e-
(hereinafter referred to as pools. till-less otherwise sperified), sqrety rover(PSC), other rover(OC,;.
When correctIv installed and used in accordance with the 3.13 Barrier—something that restrains or obstructs access
manufacturer's instructions, this speciheation is intended to to the body of water.
reduce the risl,ofdrownirqg by inhibiting the access of children 3.1•4 Blanket—a material used for Lherinal insulation. See
under five year,, of ale to the water, also solar energy blanket.
1.2 This specification include.,;performance tests To demon- 3.1.5 coi,er—something that covers, protects or shelters, or
�.
strate the compliance or noncompliance to requirement.,,,herein a combination thereof,a swimming pool, spa, or hot till
stated for safety covers. R also includes marking requirements 3.1.6 debris COVel—tt cover with attendant appurteu-Ince"
for all covers. positioned over the pool area which permits the corer W,
-h. to ura 111c
regarded 13 The vahtes sitateek in inch-pound kitLits are-to be rea prevent debris, such as foliage, dirt,windblown trash.
b - like from entering the pool. It is intended to be coilipleteh
as the standard. The values in parentheses are. given for Pl -
inforination only. removed before the entry of bathers. See also (71her •overlz
1.4 The following safety hazards caveat pertains only to the (0c).
test ine0iods section, Section .-. of this soccification: This 3.1.7 decks—those areas abutting a pool, spa,or hot tub that
SlalldMld d0C.T 7701 P107M21-1 10 addlle.YS all 0 & -ins -ex,niple, �ooct-
are specifically constructed oj trilleel (foj -1
Y'any,associated with its use. It is/lie responsibility t{ the user concrete, briclk, stone, and the like) for use by hatbers for
of this standard to establish appro1.7riale sq'M and health sitting. standing or walking and may also act as a base fo-,-
PMCtiV-(.'J al7d MC17171h7e the applical.711ilY,of regidalory linfila- SU11POVU,for COVC17S.
tions Prior to use. 3.1.8 donne—a semipermanent enclosure supported by'
trusses, or positive air pressure erected over the 'pool area w
2. 13'eferenceel Documents provide temperature and atmospheric control over the pool
2.1 NJ-7Y, Document: onvironment.
3.1.9 energy conservation—the recitiction of treat loss from
pool water throug4 air convection or evaporative coofij r
3. Terininology both.
3.1 IDefillitions ol,Terms SpP•ffic to This stancland: 3.1. f1 hot lub—a spas consm.cted of wood With sides Und
3.1.1 parts or adjunct aoces- bottoms formed separately; and the whole shape Joined m to-
gether by presstwe from.surroundinghoops,bands orrods. as-
sory coponents ir
to the cover such as Ix including
bileldes, ,;traps, ties, springs, anchors, tracks. rollers, Lifting distinct from Spa units formed of plastic, concrete, metal. or
arnis, and the like. other materials.
3.1.11 inaccessible locations—a location at least 5 ft
ni.) above Use ground with no otbeer access such as hand (v
This specification is under the jurMictinn of ASTM Committee on footholds which would perlilit a cl-jild to reach HIC i0CUliMi,
Consumer Products and Is Ibe direct regliondhility,of Subcommittee 011,
CoN,cr%for Pools.spas:red HrA Tubs. 3J A2 manual co i,er—a cover x0lich requires it to he place cl
(-tITCCnt VdifiDn r1ppCOMI FICPI. 1,2010.Published December 2(110.Originally over the water area by hand. See also manual set r
ty cover
appcm,ed in 1991. Lrw previous edition apprrn'rAl in 2003 a% 171346 91 (.MSC), and other covers WC),
(Reapproved 2001).DO]: 10.1 i20/17-1346-9 1 R 10,
Available from National Fire Protection.Assoc..Baneryinurch Park.Quincy.
NIA 02209.
Copyright(DASTPA Internitionil,100 Farr Harbor Drivp•PO Box C703,Wwsft Conshohocken,PA 153428-2MQ...urie.ad star
Copyright by AM4 Intl(rill rights reserved):Mon May 23 18:34:27 EDT 2011
Downloaded/printed by
Michael Camn(Autojiialic+Pool4,Covcrl.nine.)pursuant In License Agreeinent.No further reproductions authorized.
opening In the InalU!' CUtnT7onetlt Ot' between the edge of the private label distributors). of bodl. Labels attached to covers
;:over ano t'lr:c deck-surface or coping wall, or both,and the top shall meet file general ret;tair'einents described ill
surface of the spa or pool does not allow the test object to Crass
through.The test object shall not ailill a.ecess to the water,orbe 8.2 Warning Labeis—iA:ii covers shall be recauired wl t,uv
subject to entrapment. attached the following warning'label:
6.6 Seams,ties or welds in the cover shalt show no signs of 9.1-1 Siglml tV111-d—NWT'RNING.
damage,which will irnpair intended performance of the device 8.2.2 .Safety Alert Symbol—Precedi=ng the signal word there
wheri the co-ver is tested by the methods described in -j shalt be triangle with tilt exclamation point inside the triangle.
8.2.2.1 word Messages—The standard word message shall
7. Performance.Requ:iretazetnts for Safety Cover.,; he AVOM DROWNING RISK which shall be the first Ines-
7.1 .Static' Load—In the case of a pool with a width or sa};e to appear directly under the signal ward.
diameter greater than 8 n(2.41 in)from the periphery,the cover 8,2.2.2 Additional Wall MeL care? 5'1at0)7reF7r Covers t rtb
shal=l be able to hold a weight of 4 95 lb(220.0 l g)(2 adults and. an}' of the Outl.inedi hazards in shall list all aptrla� iii^
l child) to permit a rescue operation, warning statements on the laurel.
1.1 In the case of a pool with a width or diameter not 8.3 Color—Non-safety cover warning label..
!*!cater than 8 ft(2:4 rti)the cover Shall withstand the weight of 8.3.1 Signal Word—Black letters with orange bacl grottncl.
275 Lb( -25 kg) (weight of a child and an adult). Compliance 8.3.2 .Sated'Alert 5,1/nbof 13.1ack triangle with orange el'-
shall be determined by the test m.edhod described in claination point.
7:2 Perilrrc:ter T3efleclion—The cover shall be designed in 8.3.3 lVap-d Messare—l3lac.k lettering oil white back gm
such a way that,when it is tested.by the test inethod described or whin, letters on black background.
in dcr9ection of the cover does not al=low-the test object to 8.4 Colo)—Safety cover warning label.
pass between the cover and the Side of the pool, or to gain. R.4.4 Colors assigned to rte signal word panel may also be
access to the water. used for the message word panel provided the panel colors
1.3 Sm:face Drainage—The cover shall he so constructed, contrast with the lettering of the .label. 'Ellis is applicable to
or incorporate a systern,or have an auxil=iary system provided, covers conforming with the t'SC and. ISC classifications only.
that when used in accordance with the manufactUres'S ill-,MIC- 8,5 `Ararning Label—l..ettcr size.
tions,snail drainssubstantially all.standing waterfront the cover 8.5.1 L,cttering shall ire of a:sire that enables a person with
wi.ithin a period of 30 min after cessation of normal rainfall. normal vision, including corrected vision. to react thesaf'ctt
C:om liances.hall be determined by the test in sign or label at a safe viewing distance froin the bazars:.
7.4 Openings; Tests—The tests Shrill be conducted by the test Considerati=ons should be given to environmental variables that
inettlod described in -r.to demonstrate that any opening in the will affect readability.
major component or between the edge of rile cover and the 8.5.2 Signal Word—Letter height shall be at least 50%
deck stu face or coping u aP,or both,and the top surface of the treater than the selected height of the message panel wording,
pool or the top surface of the spa is sufficiently signal and 8.5.3 Sgfety Alert S.11inhal Safety alert symbol.when usedii
strong to prevent the opening from being forced to a sire that with the signal w'oTd.shall precede the signal word.The l t.e of
will allow the test object to pass through. the Safety alert symbol shall be oil the same horizontal line
the base of the letters of the signal tivord. The hei;lt of *.hc
S. lNCriitannx Label Fie guirem rtts for All Covers t'lrr safety alert symbol shall equal or exceed the si;nal word LE'ttet
Switnining Pools, Spas,nnc=Flot Tubs height
8.1 Product label—All covers shall be tabeLed/mark=ed to 8.5.4 Worci message letter heighL shall be as defined in
idrLntify manufacturers or other responsible parties (such as
i
"HAZARDIWARN!NG STATEMEA7 CHART'
If This Hazard Exists: Add This Warning Statement:
Will not support weinhl(its dofinod in this, pu+;ifivaliun)NonsNrured of "Stay off cover—will not support weight.
improperly secured covers
`Concealment by slipping under cover `Keep children away.Children or objects cannot be seen under cover.
'Drowning on top of cover in accurnulatad surface water(as defined in this `Remove Standing Water---child can drown on top of cover.
I specification)
1 'Concealment,Entrapment—Drowning%.t1der cover t2emave covers)cn.mpletslY 5efnre-entry of bathers—entrapment passible.
'General requirement for ail covers 'Non-secured or improperly secured covers are a haza+ri.
i
'Option to above for Safety Covers "Failure to follow all instructions may result in initny or drowning.
Cover dome not moot-tit requirements of this spocification far PSG,MSC. This is nova Satety Cover. T ^J
FIG,1 HazardlWarning Statement Chart
Copyright by ASThf bti'1(all ngilis resewed):rviou Nf ly 23 18:34:2)EDT 2011 3
I
Downi.ded!prinied by
Michael Caron lne.)Pursuant 1,43 Licer7se.A¢=rnern.No further reproductions nuthorizctl.
I,
9.4.3 Pruc•eelare--T he cover shall be fitted in accordance
A-;- ttae ccaa er rnanuf�tcturer's instructions. ?he to t o[jcc;:
F shall be placed at or into any existing opening and apply a Yc:nc
of 40.lbs (plus or rninus J :pound) steadiiv to ensure me €>i
o5ject cannot pass through at the following critical openingv
9.4.3.1 Any opening between the edge:of the cotter and Eile
a ` deck surface and coping;wall,or cloth,or the top surface of tine
= spa ot.pool.
Q 9.4.3 1ny opening in the major Component of title coven
r 1
° 10. Operating Controls,Safety C:ove.ms
�A 1 10.1 The open-close switch,shall be sprint;-loaded of of thtc
inomenutry contact type,so that when released,the cover stop;,
operation inuned.iately at any point in the open or closed cycle
'Hirt: t--Area=166 in.` period.
lrrre FIG.2 irn Template t 15.0 in. 10.2 The cover shall be .reversible in direction from a full
Fit"a.,?'Ferrtplatt:ttDr Stvimnt1n41 f�octl Cover standard
stop at any point in its travel without having to complete the,
93.2 :Pivc-edure—Test the cover by :spraying writer evenly oacn or closed cycle.
3
over the area at an cpp iati.ion rate of 10 g;allrnirr per 100(1 fr' 10.3 Ueclaxically operated control.switches and motors sh ri
r 9.29 m`)of pool area for a period of 30 mitt.Curing;this test, be installed in accordance: with the National Electrical C ouc
all equipment shalt operate in accordance with cover manufac- Articte 680-26,
carer's instructions. Thirty minutes after cotnpl.etion of this 10.4 The type of 000l covering operating controls shall tie
procedure, the comer shall pass the test method in At all such that;
tines during the: ,procedure, inaintain the pool. level at the 10.4.1 Its fixed loo-anon is in the line of si tst of the
v;aterline. complete pool cover,or by its operating process. This ensure.
9.4 Openings 7est: that the operator shall.be in complete view- of the cover it ai:
9.4.1 These tests shall be conducted:to demonstrate that any tunes during the closing or pool covering process.
openings.remain small enough to prevent a small child's head 10:4.2 Switching devices shall be key-operatedt or locked
from --atiniuKy access to the water. away or able to he de-activatcd or otherw•isc located in an
9.4.2 pnenirips rest of ject—A solid faced sphcre:test object inaccessible location. An inaccessible Location shall be at a
tivith it maxim.um Breadth of 4.5 in. height of at least five feet above the deck.
ANN X
(Mandatory Information)
M. RATIONALE
ALI Scope A1.2 Refemmeed Documents
A1.1.1 ALrhough rtre maiority of child-drowning and near- A1,2.1 Allows document reviewers the necessary info:rnla-
drowning which were reported slid not involve safety covers- tion to validate the te\t of the standard.
those who purport to provide a level of safety should be held
to a higbe,r Level of reliability. Injury reports trade available 1•3 '^erinistolo
from CPSC indicate that male children. one and two years of A13-1 Consumers and new manufacturers may not be
age,living in a home with an in-ground pool are at the highest familiar with the technological language used within the rex:.
t•isl: of Being involved in a submersion incident that requires This section also provides definitions for new tc rnzs created f c7r
medical care. this standard.
Copyright by ASTM InPI gall rightsrescnvd);blot May 23 18:34:21 EDT 2011
Downloa(ledfp anted by
klic•.had Caron(Autonta7iN-Pooi-C"ouers:=Inc.)musuant to License Agrecntent\-o rurlher reproductions authorized.
(+ ` 0,1 Cif
�r4 F12346-91
st8=
AST t✓international takes no oosition respecting the validity of any patent rights asserted In connection with any item mentioned
n this standard.Users of this standard are expressly advised that determination of the validity of any such patent ricthts,and the risk
of lnfitingement of such tights.are entirely their own iesponsibflity.
This standards is subject to revision at any time by the responsible technical committee and must be reviewed every five veals anc
flnot revised.eftherreaporoved or withdrawn.Your comments are Invited either for revision of this standard or for additional standards
and should be addressed to AST.4d International Headouarters.Yorecornme:nts will receive carelut consideration at a meemorl of the
responsible technical committee,which you may attend.if you feel that your comments have not received a tair hearing you should
make your views known to the ASTM Committee on Standards,at the address shown below,
This standard is copyrighted by ASTM Intemational,100 Barr Harbor Drive,PO Box 0700,West Conshohocken,PA 19428.2959,
United States. Individual reprints(811>.91e or multiple copies)of this standard may be obtained by contacting ASTM at the above
address or at 610-832-9585 (phone). 610-832-9555 (fax), or somicegastm.org fa-mall); or through %ire ASTM webette
(mmasumorg). Permission rights to photocopy the standard may also be secured ham the ASTM website (wiMastm.orgi
COPYRIGHT/j,
C onvriebl.bvA3TA,I.Intl(nil riuht5.resm:rcd):bion NI..nv 23-13;34'21 FDT 211.11
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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
305.9 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 2;5
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 112 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 112 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 318 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 314 inch (19.1 mm). The difference in vertical
elevation between the pool deck and the adjoining sidewalk shall be not greater than 114 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
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S wiiming pools should always be happy places.
Unfortunately,each year thousands of American
families confront swimming pool tragedies-
drownings and near-dro�,nings 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 owner,,,, 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
,uidelines are included in your area's building code
or in.other regulations.
W by the Swimming Pool
Guidelines Were Developed
E ach year,hundreds of young chil- • Most of the victims were being super- Swimining pool drownings of young
dren die and thousands come close wised 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 Iasi 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, y 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 I and 3 years old. dent victims had been missing for five
minutes or Jess when they were found in
• Boys between I 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-
Iv hazardous for households with young
children.
1.
The Swimming Pool Barrier Guidelines
How to Prevent a Child from
Getting OVER a Pool :Barrier
liis section explains the C'PaC swinnning pool barrier 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 Athe 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
4811 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-:314 inches.This size
is based on the foot width of a
i� Foung 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. 1314" �13Ik"
Less
than
4 "
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
This size is based on the head
breadth and chest depth of a
Young child and is intended to
prevent a child from passing
through an opening.Again-, if
there are any decorative
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
re top of the pool structure.
Then,there are two possi-
ble ways to prevent young
children from climbing up into
an above-round pool.The
7
4 � 1 steps or ladder can be designed
0 or
m)re V to be secured, locked or
4
r
m
the steps or ladder can be stir-
removed to prevent access,or
rounded by a barrier such as
described above.
For a Fence Made Up of
Diagonal Members
(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 P 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
urerrient 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. y below the top of the gate on
the pool. To prevent a young child Pedestrian Gates- the side facing the pool.
froth 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
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.
11211
Gates should open out from
the pool and should be self-
closing and self-latching.If a
gate is properly designed,even
if the gate is not completely
latched,a young child pushing
Off on the gate in order to enter
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 Also.,the gate and barrier
clearance between the top of should have no opening
the pool and the bottom of the
barrier should not exceed greater than 1/2 inch within
18 inches of the latch release
4 inches. 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
4" 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 Svstems, Section 77. Indoor Pools:
area or onto a patio which The alarm should be loud: lvkhen 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
X1
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.
1 Because adults will want
41 to pass through house doors in
> the pool barrier without setting
off the alarm,the alarm should
have a switch that allows
s
adults to temporarily deacti-
vate the alarm for up to 15
seconds.The deactivation 1OH
In such cases,the wall of switch could be a touchpad J10
(keypad)or a manual switch,
the house is an important part and should be located at least
of the pool barrier,and pas- 54 inches above the threshold
sage through any doors in the of the door covered by the
house wall should be con- alarm.This heig ht was select-
trolled by security measures. d based on the reaching abili-
The importance of controlling e
a young child's movement — ty 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- P 1346-91.This standard spec-
dren who became victims of 1fies 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 huther infor-
access to a swimming pool mation on this standard,con-
should be equipped with an tact ASTM,Inc.,Philadelphia,
audible alarm which sounds Pa. (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
ry"he preceding explanations of the Application Swimming pool,indoor.A swimming
IU.S.Consumer Product Safety The guidelines presented in.this document Pool which is totally contained within a
Commission's pool barrier guide- structure and surrounded on all four sides
lines were provided in order to make it are intended to provide a means of protec- by walls of said structure.
tion against potential drownings and near-
easier for pool owners,purchasers, drownin C
builders,technicians and others to under- ggs to children under 5 years of Swimming pool,outdoor.Any swim-
age by restricting access to residential
stand and apply the guidelines them- mina pool which is not an indoor pool.
Swimming pools,spas,and hot tubs.
selves. Detailed guidelines follow. C
Reading the following guidelines in con- Guidelines
junction with the diagrams Definitions
gr previously Section I.Outdoor Swimming Pool
provided may be especially helpful.For Abovegroundlonground pool.See defi-
Z�
further information.,consult your local nition of swimming pool.
An outdoor swimming pool, including an
building department or code authority. inground,aboveg round,or onground pool,
Barrier.A fence,a wall, a building wall
C or spa,should be provided with a
,
or a combination thereof which complete- barrier hot tub,which complies with the
ly surrounds the swimming pool and :following:
access to the swimming pool. C�
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-beating,and 2.Openings in the barrier should not
water-circulating equipment are an inte-
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 An a,
l. open-
ings,such as a masonry or stone wall,
Swimming pool structure
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 in-round,above- erances and tooled masonry joint-,.
ground,mid onground swirriming 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 112 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 L
exceed 1-3/4 inches in width.Where there Paragraphs I 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 1-314 inches in through that wall should be equipped with any opening created should not allow the
width, an alarm which produces an audible wam- 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 11.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 in ing pool should comply with Section 1,
between vertical members should not requirements of UL 201/7'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 M.Barrier Locations.
should not exceed 1-3,14 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 sun-
fences should not exceed 1-314 inch sounds,such as smoke alai-ins,telephones, ilar objects from being used to climb the
square unless the fence is provided with and doorbells.The alan-n should automat- barriers.
slats fastened at the top or the bottom ically reset wider all conditions.The
which reduce the opening,,to no more alarm should be equipped with manual Exemptions
than 1-314 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 F 1346-91
7. Where the barrier is composed of dial 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 1-314 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.
S.Access gates to the pool should comply
with Section.1.Paragraphs I through 7, (b)The pool should be equipped with a AST-H F1346-91. Standard Performance
and should be equipped to accommodate a power safety cover which complies with Specificationfior Safety Covers and
locking device.Pedestrian access gates ASTM F1346-91 listed below. Labeling Requirements for All Lovers 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.Cates other than pedestri- self-closing doors with self-latching
an access gates should have a self-latching devices,are acceptable so]on-as the
device.Where the release mechanism of degree of protection afforded is not less
the self-latchinE,device is located less than the protection afforded by(a)or(b)
than 54 inches from the bottom of the described above.
,ate, (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 injbrmation. 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
Wasbington,D.C.20207 individual or organization.However, if it is reproduced-,the
Web site:-*vNviv.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,
NNTite to the U.S. Consumer Product Safety Commission, Office of Information and.Public Affairs,
NNTashington,D.C.20207.
NN"ashington,D.C.20207,or call the CPSC's toll-free hotline
at 1-800-638-2772 or visit its website at
littp:.,i'VV�"A'.CPSC.gov.
A teletypewriter for the hearing and speaking impaired
is available on: 1-800-638-8270.
(00040-3)
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_ASTl41 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. .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:
1. 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 fora 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(13 72 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.VVhere 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
Froth: 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
E - A TH
2600 U5 Bancorp Center
800 Nicollet Mall
Minneapolis,MN 55402
(612)991-1350
peter@ peterbecklaw.eo m
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 Lmai Ito:petergi)eterbecklaw.com]
Sent: Monday, June 24, 2013 5:57 PM
1
To: Roger Knutson
Subject: FW: City of Elk River: Pools
Any thoughts on this one?
Peter Beck
µ,_ may¢ ,m : �'
2600 US Bancorp Center
800 Nicol'let 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(mai lto:CLeeseberg @ElkRiverMN.govj
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 1 Park Planner-Planner
763.635.1033 w 1761635.1090 f
13065 Orono Parkway Elk River I MN 1 55330
�.;-.;,, P 1 E f 1 I# t
OW
River NATURt
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 ( Finance Director
763.635.1029 w 1763.635.1090 f
2
13065 Orono Parkway( Elk River I MN 155330
EI k'.
P.dve
m.............
From: Carl Bennetsen [mailto:cari alnortherncanitai-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 l think should start with your City Attorney. Each liability claim of negligence has to stand on it's awn
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
caribennetsen(c)northemcapital-mn.com
From:Simon,Tim [mailto:TSimonCbElkRiyerMN.00v]
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.
Ti
Tim Simon 1 Finance Director
763.635.1029 w 1763.635.1090 f
13065 Orono Parkway I Elk River 1 MN ) 55330
[NATURE
From: Leeseberg, Chris
Sent: Monday,June 24, 2013 12:47 PM
To: Simon,Tim
Subject: Signs in ROW...&'Pools
Tim,
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 I MN ' 55330
Ek
ve
4
to be removed
Underlines to be added
City 4k ��
�
River
Ordinance 13 -
An Ordinance Amending Section, 30-796, Fences; Visibility at Intersections and
Driveways of the City of Elk River, Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
§ 30-796 (d) (4) , of the City of Elk River City Code shall be amended to read as follows:
(d) (4) Pools
a. All below ground swimming pools require a building permit and shall be enclosed with a
fence . or covered with an
automatic pool cover when not supervised.
pool. Fencifig shaR he chaiti litik,vertical pickets or solid. Spaces between the bottom of th-e
fence and the ground or between the pickets shafl iaot exceed four iiaches.
b. The fencing or automatic pool cover must be installed prior to filling the pool.
c. Fencing shall be chain link,vertical Pickets or solid. Spaces between the bottom of
the fence and the ground or between the pickets shall not exceed four (4) inches.
d. Fencing shall be a minimum of four (4) feet in height and all gates shall be
equipped with self-closing and self-latching devices placed at the top of the gate or
otherwise inaccessible to small children and provided with hardware for permanent
locking devices.
e. Automatic pool covers shall meet the standards of F1346-91 (Reapproved 1996) of
American Society of Testing and Materials (ASTM), as such standards may be
modified, superseded or replaced by ASTM.
Effective Date
That this ordinance shall take effect upon adoption and be published as provided by law.
Passed and adopted by the City Council of the City of Elk River this 18"'day of November, 2013.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City Clerk
NATURE
City 4k ��
River
Ordinance 13 -
An Ordinance Amending Section, 30-796, Fences; Visibility at Intersections and
Driveways of the City of Elk River, Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
§ 30-796 (d) (4) , of the City of Elk River City Code shall be amended to read as follows:
(d) (4) Pools
a. All below ground swimming pools require a building permit and shall be enclosed with a
fence or covered with an automatic pool cover when not supervised.
b. The fencing or automatic pool cover must be installed prior to filling the pool.
c. Fencing shall be chain link,vertical pickets or solid. Spaces between the bottom of the
fence and the ground or between the pickets shall not exceed four (4) inches.
d. Fencing shall be a minimum of four (4) feet in height and all gates shall be equipped with
self-closing and self-latching devices placed at the top of the gate or otherwise inaccessible to
small children and provided with hardware for permanent locking devices.
e. Automatic pool covers shall meet the standards of F1346-91 (Reapproved 1996) of
American Society of Testing and Materials (ASTM),as such standards may be modified,
superseded or replaced by ASTM.
Effective Date
That this ordinance shall take effect upon adoption and be published as provided by law.
Passed and adopted by the City Council of the City of Elk River this 18th day of November,2013.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City Clerk
NATURE