10-144 C.M.R. ch. 202, § 4 - SUPPLEMENTAL LAYERS OF PROTECTION - OUTDOOR POOLS AND SPAS

A. Walls, Fences and Structures as Barriers

Barrier walls and fences may be stand-alone walls and fences or may be in combination with a structural pool, spa or hot tub walls, or a building/dwelling wall, to form the barrier around the public pool or spa. (C)

B. Dimensions

The top of the wall/fence must be at least 48 inches (1.2 m) above grade and measured on the side of the wall/fence which faces away from the public pool or spa. The maximum vertical clearance between grade and the bottom of the wall/fence must be 4 inches (102 mm). (C)

C. Pedestrian Access Gates
1. Access gates in the barrier must be self-closing, self-latching, accommodate a locking device and must open outward away from the public pool or spa, except when natural topography or other conditions dictate that it open inward. (C)

Release of the latch on the self-latching device for the gate must be activated by either of the following standards:

a. at a height no less than 54 inches (1,372 mm) above grade for chain-link access gates and at a height no less than 54 inches (1,372 mm) above the horizontal bottom rail of a picket/ornamental access gate; or
b. on the public pool or spa side of the gate, at a distance no less than 3 inches (76 mm) below the top of the gate, if the gate and barrier have no opening greater than a half-inch within 18 inches of the release mechanism. Where a self-latching device is also self-locking and is opened by means of a key, electronic opener, or integral combination lock, it may be located at any height on the gate, so long as it does not negate the function of the gate.
2. Other Access Gates
a. Gates other than a pedestrian access gate need not have a self-closing, self-latching feature, but must be provided with a means to secure the gate when it is not in use.
b. A building wall with 3-side fencing as a barrier may be used to form the barrier or part of the barrier.

Notes

10-144 C.M.R. ch. 202, § 4

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