§ 8.28.030. Barrier requirements.

Every person in possession of land within the county, either as owner, purchaser under contract, lessee, tenant or licensee, upon which is situated a swimming pool, spa or similar facility, shall meet the following requirements:

A.

Outdoor Swimming Pool. An outdoor swimming pool shall be provided with a barrier that shall comply with all of the following:

1.

The top of the barrier shall be at least sixty (60) inches 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 two inches measured on the side of the barrier that faces away from the swimming pool. The maximum vertical clearance at the bottom of the barrier may be increased to four inches when the grade is a solid surface such as a concrete deck, or when the barrier is mounted on the top of the aboveground pool structure. When barriers have horizontal members spaced less than forty-five (45) inches apart, the horizontal members shall be placed on the pool side of the barrier.

2.

On the side away from the swimming pool, the barrier shall be free of protrusions, indentations, cavities, cutouts, or other physical characteristics which render the barrier easily climbable.

3.

Openings in the barrier shall not allow passage of a one and three-quarter-inch diameter sphere.

Exceptions:

a.

When vertical spacing between such openings is forty-five (45) inches or more, the opening size may be increased such that the passage of a four-inch-diameter sphere is not allowed.

b.

For fencing composed of vertical and horizontal members, the spacing between vertical members may be increased up to four inches when the distance between the tops of horizontal members is forty-five (45) inches or more.

4.

Chain Link Fences Used as the Barrier. Maximum mesh size for chain link fences shall be a one and one-fourth-inch square unless the fence is provided with slats fastened at the top or the bottom, which reduce the openings to no more than one and three-fourths inches. All chain link fence wires shall not be less than eleven (11) gauge.

5.

Access gates shall comply with the requirements of subsections (A)(1) through (4) of this section. Pedestrian access gates shall be self-closing and have a self-latching device. Where the release mechanism of the self-latching device is located less than fifty-four (54) inches from the bottom of the gate, (a) the release mechanism shall be located on the pool side of the barrier at least three inches below the top of the gate, and (b) the gate and barrier shall have no opening greater than one-half inch within eighteen (18) inches of the release mechanism. Pedestrian gates shall swing away from the pool. Any gates other than pedestrian access gates shall be equipped with either (a) a permanent automatic closing device or system with electrical power source; or (b) lockable hardware or padlocks. These gates shall remain locked at all times when not in use.

6.

Where a wall of a Group R, Division 3 occupancy dwelling unit serves as part of the barrier and contains door openings between the dwelling unit and the outdoor swimming pool that provide direct access to the pool, a separation fence meeting the requirements of subsections (A)(1) through (5) of this section shall be provided.

Exceptions. When approved by the building official or his or her designees performing the inspection, one or both of the following may be used:

a.

Self-closing and self-latching devices installed on all doors (except sliding glass doors) with direct access to the pool with the release mechanism located a minimum of fifty-four (54) inches above the floor;

b.

An alarm installed on all doors, including sliding glass doors, with direct access to the pool. The alarm shall sound continuously for a minimum of thirty (30) seconds within seven seconds after the door and its screen, if present, are opened, and be capable of providing a sound pressure level of not less than eighty-five (85) decibels (dBA) when measured indoors at ten (10) feet. The alarm shall automatically reset under all conditions. The alarm system shall be equipped with a manual means, such as a touchpad or switch, to temporarily deactivate the alarm for a single opening. Such deactivation shall last no longer than fifteen (15) seconds. The deactivation switch shall be located at least fifty-four (54) inches above the threshold of the door.

7.

Where an aboveground 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 (a) the ladder or steps shall be capable of being secured, locked or removed to prevent access or (b) the ladder or steps shall be surrounded by a barrier that meets all the requirements of subsections (A)(1) through (6) of this section. When the ladder or steps are secured, locked or removed, any opening created shall be protected by a barrier complying with subsections (A)(1) through (6) of this section.

B.

For an indoor swimming pool, protection shall comply with the requirements of subsection (A)(6) of this section.

C.

For a nonself-contained and self-contained spa or hot tub, protection shall comply with the requirements of this section.

Exception. A self-contained spa or hot tub equipped with a listed safety cover which complies with the American Society for Testing and Material-Emergency Performance Specification (ASTM Fl346-91) shall be exempt from the requirements of subsection A of this section.

(Ord. 421.6 §§ 3—5, 2006)