Recent
Staff
Reports
(May and June 2005) (1.3 MB)
Pool Barrier Research Final Draft (updated 6/8/06)(1/8/07)
The BOCA National Building Code, the building code enforced by the city, has specific requirements for barriers around swimming pools. This building code closely regulates the height, the construction, the gate hardware, and the location of swimming pool barriers.
Prior to June 1, 1995, the building code permitted a fence (barrier) that encircled an entire backyard (regardless of yard size) to serve as the pool barrier. Based upon a 1987 Consumer Product Safety Commission Study, this level of protection was deemed ineffective. This study found that “of drowning or near-drowning incidents, the majority of the victims lived in or were visiting the residence where the accident happened; less than 2% of the accidents occurred when a child trespassed on the property. Most of the victims were either near or in the residence immediately prior to the accident and reached the pool unnoticed.” As a result of this study, the CPSC made pool barrier recommendations that were intended to prevent a child under 5 from gaining unsupervised access to the pool from the house or yard.
The building code incorporated these recommendations into its next edition and as of June 1, 1995, the pool area was required to be separated from the house and remaining yard area by a code-compliant pool barrier so as to prevent unsupervised access by children to the swimming pool.
Some factors that come into play when evaluating the safest location for a pool barrier are as follows:
1. Size of the backyard. While the 1987 CPSC Study and subsequent pool barrier studies have
shown that the closer a pool barrier is to the swimming pool the safer the pool is and that the
safest pool barrier installation is an isolation barrier (around the immediate pool area); the
building code does give the authority having jurisdiction flexibility in determining the proper
location of a pool barrier. Where the backyard is small and the pool area covers a large portion
of the backyard area, the perimeter fence (along the property lines) may serve as the pool
barrier as long as this perimeter fence meets all other pool barrier requirements.
2. What’s in the backyard. The intent of the pool barrier regulations is to separate the pool area
from a children’s play area. It is safer to place the pool barrier between the pool and children’s
swingsets, sandboxes, etc. By doing this, parents know that their children can play in the
backyard and not worry that they have unobstructed access to the swimming pool.
3. The terrain of the backyard. Steep slopes and heavily landscaped areas are not considered
typical play areas and are permitted to be included inside the pool barrier.
All of these factors are considered while reviewing a building permit application for the installation of a swimming pool and its pool barrier. Since the circumstances involved with each proposed pool barrier installation are different, the building department staff reviews the proper location of pool barriers on a case-by-case basis. If the applicant disagrees with the decision of the building department staff regarding proper placement of the pool barrier, he or she may appeal that decision to the city’s building code board of appeals.
In many of our neighboring communities, the perimeter fence is still allowed to serve as the pool barrier regardless of the size of the backyard, what is contained in the backyard, or the terrain. As a result, the City has reviewed the building code’s pool barrier requirements for the purpose of being able to consider alternative methods of construction that while not meeting the ‘letter’ of the code (provide pool barrier around the pool area) would meet the ‘intent’ of the code (preventing unsupervised access to the pool area by small children) by providing an equivalent level of safety. One example of an alternative method of construction might be that more of the backyard area could be included inside the pool barrier because a UL listed water alarm will be provided for the swimming pool at all times.
For information regarding building code requirements for pool barriers and
to view a recent staff report (1.3
MB) .You
may also share your thoughts with Steve
Unser, chief building official,
or call 314-872-2513.