Md. Code Regs. 10.17.01.21

Current through Register Vol. 51, No. 7, April 5, 2024

Section 10.17.01.21 - Barriers

A. Except as set forth in §§B, C, and D of this regulation, an owner shall ensure that a recreational pool, semipuhlic pool, or public spa, including the required deck area, is completely surrounded by a barrier that complies with the following requirements:

(1) The top of the barrier is at least 72 inches above grade measured on the side of the barrier that faces away from the pool or spa;

(2) The maximum vertical clearance between grade and the bottom of the barrier is 4 inches measured on the side of the barrier that faces away from the pool or spa;

(3) Except when a door or gate that allows access to the pool or spa area enclosed by the barrier is open, an opening in the barrier including in a door or gate does not allow passage of a sphere 4 inches in diameter;

(4) Fence pickets have a maximum separation of 4 inches;

(5) The barrier discourages climbing by preventing access to nearby structures to simplify climbing over it, such as light poles, site furnishings, overhanging tree limbs, or other obvious footholds or handholds;

(6) A barrier with horizontal members less than 45 inches apart measured top to top does not have:

(a) Vertical openings greater than 1-3/4 inches in width; or

(b) Horizontal members on the outside of the barrier;

(7) The barrier does not have decorative cutouts greater than 1-3/4 inches in width;

(8) A chain link fence has a maximum mesh size of 2-1/4 inches;

(9) A lattice fence has a maximum mesh size of 1-3/4 inches;

(10) Except as provided in §A(11) and (12) of this regulation, a door or gate that allows access to the pool or spa area enclosed by the barrier shall:

(a) Have the release to open the door or gate located:

(i) At least 54 inches from the floor level; or

(ii) Between 34 and 48 inches from the floor level when an electronic or combination mechanical release device is used to release the door or gate;

(b) Be locked to prevent unauthorized entry to the pool or spa area;

(c) Open away from the pool or spa area;

(d) Have an opening that provides a minimum width of 32 inches between the gate or door stop and the face of the gate or door with the gate or door open 90 degrees; and

(e) Comply with Regulation .37 of this chapter;

(11) A door or gate that allows access to the pool or spa area enclosed by the barrier and is designated as fire egress from a building:

(a) May not be included in any facility approvedfor construction after May 27, 2022; and

(b) Is exempt from §A(10)(c) of this regulation;

(12) A door or gate used exclusively for maintenance or service access is exempt from §A(10)(a) and (c)-(e) of this regulation; and

(13) A window that is a part of the barrier may not be able to be opened more than 4 inches.

B. An owner shall ensure that a barrier at a semipublic pool or semipublic spa:

(1) Has a minimum height of 60 inches; and

(2) Has a gate that is self-closing and self-latching.

C. Except as provided in §D of this regulation, an owner may surround a pool and spa, multiple pools, or multiple spas at one facility with one barrier instead of separate barriers for each pool or spa.

D. An owner shall ensure that a wading pool or infant pool is separated from a pool or spa by a barrier that has:

(1) A minimum height of 36 inches;

(2) A maximum 4-inch separation between the deck and the bottom of the barrier;

(3) No opening that allows the passage of a sphere 4 inches in diameter; and

(4) An entrance gate with a latch.

E. An owner of a pool or spa with a barrier that includes a door or gate designated as a fire egress from a building shall ensure that whenever a lifeguard is not on duty, the pool or spa is secured:

(1) With a cover that has a visible label indicating that it meets ASTM Fl346 - 91; or

(2) By following procedures per a variance under Regulation .53 of this chapter.

Md. Code Regs. 10.17.01.21

Regulation .21B amended effective December 19, 2005 (32:25 Md. R. 1942); amended effective 49:12 Md. R. 640, eff. 10/1/2022