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Home My WebLink About2010-09-02 Ordinance No. w- 1�k - a AN ORDINANCE TO AMEND ORDINANCE NUMBER 2009-2-1 ADOPTING THE ARKANSAS STATE FIRE CODE APPENDIX G, REGULATING SWIMMING POOLS, SPAS, AND HOT TUBS , DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS: SECTION 1: The Arkansas State Fire Code Appendix G is herby adopted as though it was copied herein fully. SECTION 2: SEVERABILITY: If any part of this ordinance shall be void, such part shall be deemed severable, and the invalidity thereof shall not affect the remaining parts of this ordinance. SECTION 3: r*.ER99NGY r 1--A USE- For the purpesc of hringing ibe appmpriatc safety relating to pools, spas, and hot tubs in 2-timely manner, an � 1 . 1 :rcb)r declare 4&4oxist and this, ardinwnca being necessary for the public peace, health and safety shall be in fill form 2.Ad effent from. after it-Ts-yzagP A Adopted this day of 2010. Denise JohnstoiV, Clerk R' c lumbaugh, Mayor APPENDIX G SWIMMING POOLS, SPAS AND HOT TUBS SECTION AG104 SECTION AG101 SPAS AND HOT TUBS GENERAL AG104.1 Permanently installed spas and hot tubs.Petma- AG101.1 General.The provisions of this appendix shall con- nently installed spas and hot tubs shall be designed and con- trol the design and construction of swimming pools,spas and strutted in conformance with ANSI/NSPI-3 as listed in hot tubs installed in or on the lot of a one-or two-family dwell- Section AG 108.. ing. AG104.2 Portable spas and hot tubs.Portable spas and hot tubs shall be designed and constructed in conformance with SECTION AG102 ANSI/NSPI-6 as listed in Section AG108. DEFINITIONS AG102.1 General.For the purposes of these requirements,the SECTION AG105 terms used shall be defined as follows and as set forth in Chap- BARRIER REQUIREMENTS ter 2. AG105.1 Application. The provisions of this chapter shall ABOVE-GROUND/ON-GROUND POOL. See "Swim- control the design of barriers for residential swimming pools, ming pool." spas and hot tubs. These design controls are intended to pio- BARRIER. A fence, wall, building wall or combination vide protection against potential drownings and near- thereof which completely surrounds the swimming pool and drownings by restricting access to swimming pools, spas and obstructs access to the swimming pool. hot tubs. AG1VJ.2 "Uii i Svriiill➢iillg pum. Au uuiduur swimming riuI"1'Ut3.See"Swimming pool:' pool, including an in-ground, above-ground or on-ground IN-GROUND POOL.See"Swimming pool." pool,hot tub or spa shall be surrounded by a barrier which shall RESIDENTIAL.That which is situated on the premises of a comply with the following: detached one- or two-family dwelling or a one-family town- 1. The top of the barrier shall be at least 48 inches (1219 house not more than three stories in height. mm) above grade measured on the side of the barrier which faces away from the swimming pool. The maxi- SPA,NONPORTABLE.See"Swimming pool" mum vertical clearance between grade and the bottom of SPA, PORTABLE. A nonpermanent structure intended for the barrier shall be 2 inches (51 mm) measured on the recreational bathing, in which all controls, waler-heating and side of the barrier which faces away froui the swi,uming water-circulating equipment are an integral part of the product. pool.Where the top of the pool structure is above grade, such as an above-ground pool, the barrier may be at SWIMMING POOL. Any structure intended for swimming ground level, such as the pool structure,or mounted on or recreational bathing that contains water over 24 inches(6 10 top of the pool structure.Where the barrier is mounted on mm) deep. This includes in-ground, above-ground and top of the pool structure,the maximum vertical clearance on-ground swimming pools,hot tubs and spas. between the top of the pool structure and the bottom of SWIMMING POOL,INDOOR.A swimming pool which is the barrier shall be 4 inches(102 mm). totally contained within a structure and surrounded on all four 2. Openings in the barrier shall not allow passage of a sides by the walls of the enclosing structure. 4-inch-diameter(102 mm)sphere. SWIMMING POOL, OUTDOOR. Any swimming pool 3. Solid barriers which do not have openings, such as a which is not an indoor pool. masonry or stone wall,shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints. SECTION AG103 4. Where the barrier is composed of horizontal and vertical SWIMMING POOLS members and the distance between the tops of the hori- AG103.1 In-ground pools.In-ground pools shall be designed zontal members is less than 45 inches (1143 mm), the and constructed in conformance with ANSUNSPI-5 as listed in horizontal members shall be located on the swimming Section AG 108. pool side of the fence. Spacing between vertical mem- bers shall not exceed 13/4 inches (44 mm) in width. AG103.2 Above-ground and on-ground pools. Above- Where there are decorative cutouts within vertical mem- ground and on-ground pools shall be designed and constructed bers, spacing within the cutouts shall not exceed 13/4 in conformance with ANSI/NSPI-4 as listed in Section AG 108. inches(44 mm)in width. 2006 INTERNATIONAL RESIDENTIAL CODE® B09 APPENDIX G tion(s)at least 6 inches(152 mm)and not more than 12 inches UL (305 mm)below the minimum operational water level or as an UL2017-2000 Standard for General-purpose attachment to the skimmer(s). Signaling Devices and Systems—with Revisions through June 2004. . . . . . . . . . . . . . . . . . AG 105.2 SECTION AG107 ABBREVIATIONS AG107.1 General. ANSI—American National Standards Institute 11 West 42nd Street,New York,NY 10036 ASME—American Society of Mechanical Engineers Three Park Avenue New York,NY 10016-5990 ASTM—ASTM International 100 Barr Harbor Drive,West Conshohocken,PA 19428 NSPI—National Spa and Pool Institute 2111 Eisenhower Avenue,Alexandria,VA 22314 UL—Underwriters Laboratories,Inc. 333 Pfingsten Road Northbrook,Illinois 60062-2096 SECTION AG108 STANDARDS AG108.1 GenpmL QANSI/NSPI ANSIINSPI-3-99 Standard for Permanently Installed Residential Spas. . . . . . . . . . . . . . . . . . . AG104.1 ANSI/NSPI-4-99 Standard for Above-ground/On-ground Residential Swimming Pools . . . . . . . . . . . . AG 103.2 ANSIINSPI-5-99 Standard for Residential In-ground Swimming Pools . . . . . . . . . . . . . . . . . . AG 103.1 ANSI/NSPI-6-99 Standard for Residential Portable Spas . . . . . . . . . . . . . . . . . . . . AG104.2 IANSI/NSPI-5-2003 Standard for Residential In-ground Swimming Pools. . . AG103.1 ANSI/ASME A112.19.8M-1987(R1996)Suction Fittings for Use in Swimming Pools, Wading Pools,Spas,Hot Tubs and Whirlpool Bathing Appliances . . . . . . . . . . . AG106.2 ASTM ASTM F 1346-91 (2003)Performance Specification for Safety Covers and Labeling Requirements for All Covers for Swimming Pools,Spas and Hot Tubs . . . . . . . . . . . . . . . . . AG105.2,AGIO5.5 ASME ASME Al 12.19.17 Manufacturers Safety Vacuum Release Systems(SVRS)for Residential and Commercial Swimming Pool,Spa,Hot Tub and Wading Pool. . . . . . . . . . . . . . . . . . . . . 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SAFETY – SAFETY COMMISSION �i► :. � �'� ��""' 0- Washington, DC 20207 ice:,: ;,.w-w z� ' �- Pub. No. 362 • 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. i 1 'J • Why the Swimming Pool Guidelines Were Developed Each year, hundreds of young chi l- • 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. OIn 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 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- 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 r the fence.The spacing of the vertical members should not exceed 1-3/4 inches.This size ! 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. 3/4" rrr rrrr Less than • T-TTTi67T L 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 II away from the pool.The spac- used to reduce mesh openings ing between vertical members to no more than 1-3/4 inches. h should not exceed 4 inches. I t�No INI...,..,.111111 This size is based on the head breadth and chest depth of a young child and is intended to 0 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- e' A' rier or a barrier is mounted on �I 13/4" -�4„� n top of the pool structure. ,lll Then,there are two possi- 50;f�] ble ways to prevent young children from climbing up into an aboveground pool.The 0 / 4 I steps or ladder can be designed Il or to be secured, locked or m re removed to prevent access, or the steps or ladder can be sur- ]pili 11111 rounded by a barrier such as C those described above. For a Fence Made Up of ®® Diagonal Members s r' (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 Treventing a child from Gates: When the release mecha- inaximum 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 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. 1120 Y Gates should open out from I the pool and should be self- 4" elf- closing and self-latching. If a Pf 4 \ 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 the pool and the bottom of the should have 1/ opening barrier.should not exceed th greater than inch within 18 inches of the latch release 4 inches. mechanism.This prevents a young child from reaching through the gate and releasing L the latch. jJ11 All Other Gates(Vehicle Entrances,Etc.): 4" Other gates should be equipped with self-latching devices. The self-latching devices should be installed as /n 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: 20/7 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 r have a switch that allows adults to temporarily deacti- vate the alarm for up to 15 a Oil seconds.The deactivation U In such cases,the wallof switch could be a touchpad the house is an important par[ (keypad)or a manual switch, i of the pool barrier,and pas- and should be located at least sage through any doors in the 54 inches above the threshold s _ house wall should be con- of the door covered by the trolled by security measures. alarm.This height was select- .. The importance of controlling ed based on the reaching abili- 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- 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 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 �ithin 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 The 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 inte- 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 1, 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 8.Access gates to the pool should comply door. document. with Section 1, Paragraphs I 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 forAll 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. Washington,D.C. 20207,or call the CPSC's toll-free hotline 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)