N.H. Code Admin. R. Env-Wq 1108.08

Current through Register No. 25, June 20, 2024

Section Env-Wq 1108.08 - Security Fencing, Deck Areas for PBFs

(a) The owner of a PBF shall provide security fencing as follows:

(1) All outdoor PBFs shall have a wall, fence, or other enclosure constructed around the entire facility;

(2) The entire wall, fence, or other enclosure, including doors and gates, shall be at least 4 feet above grade measured on the inside and outside;

(3) The wall, fence, or other enclosure shall be constructed so as to prevent passage through it; and

(4) Subject to (c), below, each fence shall have at least one gate and all gates shall:

a. Be self-closing and self-latching;

b. Open only outward from the enclosed area;

c. Be equipped with a latch located on the pool side of the gate and at least 3 inches below the top of the gate;

d. Have no opening greater than ½ inch within 18 inches of the latch; and

e. Accommodate a locking device.

(b) The owner of a PBF shall provide a deck area between the water and the fence or enclosure in accordance with the following:

(1) The deck area shall be a minimum of 4 feet wide of unobstructed space, measured from the edge of the pool;

(2) The deck area shall slope away from the pool no less than 1/4 inch per foot and no more than 1/2 inch per foot, such that standing water shall be no deeper than 1/8 inch, 20 minutes after the cessation of the addition of water to the deck; and

(3) The surface of the deck shall be of a slip-resistant textured finish other than carpet or artificial turf.

(c) If the owner of a PBF having one or more gates that do not comply with (a)(4)b.- e., above, is a political subdivision and its local legislative body has not voted or does not vote to approve funding to bring the gate(s) into compliance with (a)(4)b.- e., above, and compliance is not fully funded by the state, the owner shall not be required to comply with (a)(4)b.- e., above.

N.H. Code Admin. R. Env-Wq 1108.08

Derived from Volume XLI Number 19, Filed May 13, 2021, Proposed by #13198, Effective 5/1/2021, Expires 5/1/2031 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1105.08)