General. The provisions of this section apply to the design and construction of barriers for swimming pools located on the premises of one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories high with separate means of egress and their accessory structures.

Standards of quality.   In addition to other requirements of this code, safety covers for spas shall meet the requirements for spa safety covers as listed below. The standard listed below is a recognized standard.

1. ASTM F 1346-91, Standard Performance Specification for Safety Covers and Labeling Requirements for all Covers for Spas and Hot Tubs.

Definitions. For the purpose of this section, certain terms, words, and phrases are defined as follows:

Above/on-ground swimming pool. See definition of swimming pool.

Barrier. A fence, wall, building wall, or combination thereof, which completely surrounds and obstructs access to the swimming pool.

Hot tub. See definition of “spa, non-self-contained” and “spa, self-contained.”

In-ground pool. See definition of swimming pool.

Spa, non-self-contained. A hydromassage pool or tub for recreational or therapeutic use, designed for the immersion of users and usually having a filter, heater, and motor-driven blower. It may be installed indoors or outdoors, on the ground or on a supporting structure, or in the ground or in a supporting structure. A non-self-contained spa is intended for recreational bathing and contains water over 18 inches deep.

Spa, self-contained. A continuous duty appliance in which all control, water-heating, and water-circulating equipment is an integral part of the product, located entirely under the spa shirt. A self-contained spa is intended for recreational bathing and contains water over 18 inches deep.

Swimming Pool. Any structure intended for swimming or recreational bathing that contains water over 18 inches in depth which includes in-ground, aboveground and on-ground portable or nonportable swimming pools, and fixed-in-place wading pools.

Swimming pool, indoor. A swimming pool, which is totally contained within a structure and is surrounded on all four sides by walls of said structure.

Swimming pool, outdoor. Any swimming pool which is not an indoor pool.

Requirements. Swimming pools. Every outdoor swimming pool shall be provided with a barrier that shall be installed, inspected, and approved prior to filling with water. The barrier shall comply with the following:

1. A barrier shall completely surround and obstruct access to the swimming pool, which is not less than 42 inches in height, which shall be so constructed as to not have openings, holes, or gaps larger than 4 inches in width except for doors or gates. Swimming pools shall comply herewith if protected by a barrier, which would consist of the pool structure, or a barrier mounted on top of the pool structure. If access to the swimming pool is by means of a ladder or steps, then an approved barrier shall surround the ladder or steps.
2. All gates or door openings through the barrier shall be equipped with self-closing and self-latching devices for keeping the door or gate securely closed at all times which not in actual use except that the door of any dwelling which forms part of the enclosure need not be so equipped.

Spas and hot tubs.  For a non-self-contained and self-contained spa or hot tub, protection shall comply with the requirements for swimming pools.

Exception: A self-contained spa and self-contained spa or hot tub with a listed safety cover shall be exempt from the above referenced barrier requirements.

This requirement shall be applicable to all new swimming pools hereafter constructed, other than indoor pools, and shall apply to all existing pools, which have a depth of 18 inches or more of water. No person in possession of land within the city, either as owner, purchaser, lessee, tenant, or a licensee, upon which is situated a swimming pool having a depth of 18 inches or more shall fail to provide and maintain such fence or wall as herein provided.

Modifications in individual cases, upon a showing of good cause with respect to height, nature, or location of a fence, wall, gates, or latches, or the necessity thereof, may be made by the building official, provided the protection as sought hereunder is not reduced thereby. The building official may grant permission for other protective devices or structures to be used as long as the degree of protection afforded by this substitute device or structure is not less than the protection afforded by the wall, fence, gate, and latch described herein. A reasonable period within which to comply with the requirements of this section for existing swimming pools shall be allowed, which period shall not exceed 90 days after notification by the building official.