3109.6 Temporary Barriers

An outdoor swimming pool, including an in-ground, above-ground or on-ground pool, hot tub or spa shall be surrounded by a temporary barrier during installation or construction. Such barrier shall remain in place until a permanent fence in compliance with Section 3109.4 is provided for public swimming pools, or a barrier in compliance with Section 3109.5 is provided for residential private pools.

Exceptions:

1. Above-ground or on-ground residential swimming pools where the pool structure is the barrier in compliance with Section 3109.
2. Spas or hot tubs with a safety cover which complies with ASTM F 1346, provided that such safety cover is in place during the period of installation or construction of such hot tub or spa. The temporary removal of a safety cover as required to facilitate the installation or construction of a hot tub or spa during periods when at least one person engaged in the installation or construction is present is permitted.

The top of the temporary barrier shall be at least 48 inches (1219 mm ) above grade measured on the side of the barrier which faces away from the swimming pool.

A temporary barrier shall be replaced by a complying permanent barrier within either of the following periods:

1. 90 days of the date of issuance of the building permit for the installation or construction of the swimming pool; or
2. 90 days of the date of commencement of the installation or construction of the swimming pool.

Subject to the approval of the code enforcement official, the time period for completion of the permanent barrier may be extended for good cause, including, but not limited to, adverse weather conditions delaying construction.