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Section 3109 Swimming Pools, Swimming Pool Enclosures, and Safety Devices

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3109.1 General
Swimming pools, swimming pool enclosures, and swimming pool safety devices shall comply with the requirements of this section and other applicable sections of this code.
3109.2 Definitions
3109.3 Pool Safety and Accessibility
Public and private swimming pools shall comply with the requirements for safety and accessibility as provided in this section.
3109.3.1 Entrapment Protection
Entrapment protection shall be provided in compliance with this section.
3109.3.1.1 Suction Entrapment Avoidance
Suction outlets shall be designed and installed in accordance with ANSI/APSP-7.
3109.3.2 Swimming Pool and Spa Alarms
Swimming pool and spa alarms shall comply with Sections 3109.3.2.1 through 3109.3.2.4.
3109.3.2.1 Applicability
All swimming pools and spas shall be equipped with an approved pool alarm. Pool alarms shall comply with ASTM F 2208 and shall be installed, used and maintained in accordance with the manufacturer's instructions and this section.

Exceptions:
  1. A hot tub or spa equipped with a safety cover that complies with ASTM F 1346.
  2. A swimming pool (other than a hot tub or spa) equipped with an automatic power safety cover that complies with ASTM F 1346.
3109.3.2.2 Multiple Alarms
A pool alarm must be capable of detecting entry into the water at any point on the surface of the swimming pool. If necessary to provide detection capability at every point on the surface of the swimming pool, more than one pool alarm shall be provided.
3109.3.2.3 Alarm Activation
Pool alarms shall activate upon detecting entry into the water and shall sound poolside and inside the building.
3109.3.2.4 Prohibited Alarms
The use of personal immersion alarms shall not be construed as compliance with this section.
3109.3.3 Water Circulation, Water Treatment and Drainage
The supply, circulation, treatment, and drainage of water for swimming pools shall meet the requirements of the New York City Plumbing Code.
3109.3.4 Electrical Precautions
No overhead electrical conductors shall be installed within 15 feet (4572 mm) of any swimming pool. All metal fences, enclosures, or railings that might become electrically charged as a result of contact with broken overhead conductors or from any other cause near, or adjacent to, a swimming pool shall be grounded in accordance with the provisions of lightning protection in the New York City Electrical Code.
3109.3.5 Facilities for People With Disabilities
Facilities for people with physical disabilities shall be provided where required by Chapter 11 of this code.
3109.4 Public Swimming Pools
Public swimming pools shall comply with the requirements for safety and accessibility as provided in Sections 3109.3 and 3109.4.
Exception: A swimming pool with a power safety cover or a spa with a safety cover complying with ASTM F 1346.
3109.4.1 Barrier Height and Clearances
Public swimming pools shall be completely enclosed by a fence, wall, building, or other solid barrier, or any combination thereof, not less than 6 feet (1829 mm) in height. Openings in the enclosure and pedestrian access gates shall not permit the passage of a 4-inch-diameter (102 mm) sphere. The enclosure shall be equipped with self-closing and self-latching gates.
Exception: Enclosures shall be not less than 4 feet (1219 mm) in height when surrounding wading pools with water less than 24 inches (610 mm) in depth.
3109.4.2 Gates
Gates shall comply with Sections 3109.4.2.1 through 3109.4.2.3.
3109.4.2.1 Self-Closing; Opening Configuration
All gates shall be self-closing. In addition, if the gate is a pedestrian access gate, the gate shall open outward, away from the pool.
3109.4.2.2 Self-Latching; Location of Latch Handle
All gates shall be self-latching, with the latch handle located within the enclosure (i.e., on the pool side of the enclosure) and not less than 40 inches (1016 mm) above grade. If the latch handle is located less than 54 inches (1372 mm) from the bottom of the gate, the latch handle shall be located not less than 3 inches (76 mm) below the top of the gate, and neither the gate nor barrier shall have any opening greater than 0.5 inch (12.7 mm) within 18 inches (457 mm) of the latch handle.
3109.4.2.3 Locking
All gates shall be securely locked with a key, combination or other child proof lock sufficient to prevent access to the swimming pool through such gate when the swimming pool is not in use or supervised.
3109.4.3 Other Laws
In addition to the requirements of this section, any other, more stringent requirements for the construction and design of swimming pool and barriers that may be provided for in Article 165 of the New York City Health Code, as administered by the New York City Department of Health and Mental Hygiene, shall also be applicable.
3109.5 Private Swimming Pools
Private swimming pools shall comply with the requirements for safety and accessibility as provided in Section 3109.3 and this section.

Exception: An above-ground private swimming pool which has a maximum water depth of 4 feet (1219 mm) and an area not exceeding 500 square feet (46.45 m2) that is accessory to an R-3 occupancy and is privately used for noncommercial purposes shall not be required to comply with Sections 3109.3.1, 3109.3.2, 3109.5.2, 3109.5.3 and 3109.5.4.
3109.5.1 Barrier Height and Clearances
The top of the barrier enclosing a private swimming pool shall be not less than 48 inches (1219 mm) above grade measured on the side of the barrier that faces away from the swimming pool. The vertical clearance between grade and the bottom of the barrier shall be not greater than 2 inches (51 mm) measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier is authorized to be erected at grade level or mounted on top of the pool structure, and the vertical clearance between the top of the pool structure and the bottom of the barrier shall be not greater than 4 inches (102 mm).
3109.5.1.1 Openings
Openings in the barrier shall not allow passage of a 4-inch-diameter (102 mm) sphere.
3109.5.1.2 Solid Barrier Surfaces
Solid barriers which do not have openings shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.
3109.5.1.3 Closely Spaced Horizontal Members
Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches (1143 mm), the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall be not greater than 13/4 inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 13/4 inches (44 mm) in width.
3109.5.1.4 Widely Spaced Horizontal Members
Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches (1143 mm) or more, spacing between vertical members shall be not greater than 4 inches (102 mm). Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 13/4 inches (44 mm) in width.
3109.5.1.5 Chain Link Dimensions
Mesh size for chain link fences shall be not greater than a 21/4 inch square (57 mm square) unless the fence is provided with slats fastened at the top or the bottom that reduce the openings to not more than 13/4 inches (44 mm).
3109.5.1.6 Diagonal Members
Where the barrier is composed of diagonal members, the opening formed by the diagonal members shall be not greater than 13/4 inches (44 mm).
3109.5.1.7 Gates
Gates shall comply with Sections 3109.5.1.1 through 3109.5.1.6 and Sections 3109.5.1.7.1 through 3109.5.1.7.3.
3109.5.1.7.1 Self-Closing; Opening Configuration
All gates shall be self-closing. In addition, if the gate is a pedestrian access gate, the gate shall open outward, away from the pool.
3109.5.1.7.2 Self-Latching; Location of Latch Handle
All gates shall be self-latching, with the latch handle located within the enclosure (i.e., on the pool side of the enclosure) and not less than 40 inches (1016 mm) above grade. In addition, if the latch handle is located less than 54 inches (1372 mm) from the bottom of the gate, the latch handle shall be located not less than 3 inches (76 mm) below the top of the gate, and neither the gate nor barrier shall have any opening greater than 0.5 inch (12.7 mm) within 18 inches (457 mm) of the latch handle.
3109.5.1.7.3 Locking
All gates shall be securely locked with a key, combination or other child proof lock sufficient to prevent access to the swimming pool through such gate when the swimming pool is not in use or supervised.
3109.5.1.8 Dwelling Wall as a Barrier
Where a wall of a dwelling serves as part of the barrier, one of the following shall apply:
  1. Doors with direct access to the pool through that wall shall be equipped with an alarm that produces an audible warning when the door and/or its screen, if present are opened. The alarm shall be listed in accordance with UL 2017. The audible alarm shall activate within 7 seconds and sound continuously for a minimum of 30 seconds immediately after the door and/or its screen, if present, are opened and be capable of being heard throughout the house during normal household activities. The alarm shall automatically reset under all conditions. The alarm shall be equipped with a manual means, such as touchpad or switch, to temporarily deactivate the alarm for a single opening. Such deactivation shall last no more than 15 seconds. In dwellings not required to be accessible Type B units, the deactivation switch shall be located 54 inches (1372 mm) or more above the threshold of the door. In dwellings required to be accessible Type B units, the deactivation switch(es) shall be located at 48 inches (1219 mm) above the threshold of the door.
  2. The swimming pool shall be equipped with a power safety cover which complies with ASTM F 1346.
  3. The door providing access to the swimming pool from the dwelling shall open inward, away from the swimming pool, and shall be self-closing and have a self-latching device. The release mechanism of the self-latching device shall be located no less than 54 inches (1372 mm) from the bottom of the door. In dwellings required to be accessible Type B units, the release mechanism shall be located at 48 inches (1219 mm) above the threshold of the door.
3109.5.1.9 Pool Structure as Barrier
Where an aboveground private swimming pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then the ladder or steps either shall be capable of being secured, locked or removed to prevent access, or the ladder or steps shall be surrounded by a barrier that meets the requirements of Sections 3109.5.1.1 through 3109.5.1.8. Where the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a 4-inch-diameter (102 mm) sphere.
3109.5.2 Indoor Swimming Pools
Walls surrounding indoor private swimming pools shall not be required to comply with Section 3109.5.1.8.
3109.5.3 Prohibited Locations
Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers.
3109.5.4 Construction Requirements
Private swimming pools shall be constructed so as to be water tight and easily cleaned. They shall be built of nonabsorbent materials with smooth surfaces and shall be free of open cracks and open joints.
3109.5.4.1 Walls
The walls of swimming pools shall be vertical for not less than the top 30 inches (762 mm) below the normal water level. The junctions between the side walls and the bottom shall be coved. A swimming pool overflow shall be provided meeting the requirements of the New York City Plumbing Code.
3109.5.4.2 Bottom Slopes
The bottom of the swimming pool shall slope downward toward the main drains. The slope in shallow areas with depths less than 5 feet (1524 mm) shall not exceed 1 unit vertical in 12 units horizontal (8-percent slope). In portions of the swimming pool with depth greater than 5 feet (1524 mm), the slope shall not be steeper than 1 unit vertical in 3 units horizontal (33-percent slope).
3109.5.4.3 Ladders
There shall be a ladder or steps with handrails at the deep end and at the shallow end of every swimming pool. Ladders and steps shall have no-slip treads. All ladders shall be rigidly installed and shall be constructed of corrosion-resistant materials.
3109.5.4.4 Walkways
Every swimming pool shall have a walkway not less than 5 feet (1524 mm) wide around its entire perimeter. The walkway shall have a nonslip surface and shall be constructed to drain away from the swimming pool.
3109.5.4.5 Handholds
Every swimming pool shall be constructed so that either the overflow gutter, if provided, or the tops of the side walls afford a continuous handhold for bathers.
3109.5.4.6 Markings
Permanent markings showing the depth of the shallow end, break points, diving depth and deep end shall be provided so as to be visible from both inside and outside the swimming pool.
3109.5.4.7 Diving Boards and Towers
Diving towers shall be rigidly constructed and permanently anchored. The depth of the water below a diving board shall be not less than 102 inches (2591 mm) for a board 39 inches (991 mm) or less above the water. For a diving board more than 39 inches (991 mm) and not more than 118 inches (2997 mm) above the water, the depth of the water below the board shall be not less than 144 inches (3658 mm). For a diving board or platform more than 118 inches (2997 mm) above the water, the depth of the water below the board shall be not less than 192 inches (4877 mm). Indoor swimming pools shall provide not less than 144 inches (3658 mm) overhead clearance above all diving boards.
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