Coweta County, Georgia Sets New Rules For Pool Fences

• By SARAH FAY CAMPBELL
• Feb. 10, 2017 - 6:12 AM

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Chain-link and lattice fencing are once again acceptable materials for 
fencing pools in Coweta County, and owners of above-ground pools 
can again use the pool’s walls as part of the required fencing.

In 2014, the Coweta County Board of Commissioners voted to prohibit 
the use of chain link and lattice fencing for pools in the county, voicing 
concerns that those type of fences were too easy to climb.

The commissioners also decreed that fences must be at least three feet from 
the water. That meant that the walls of above-ground pools couldn’t be used 
to make up part of the fence, which must be at least 48 inches tall.

In 2014, the state adopted its own appendix to the building code regulating pools 
and spas, and local governments were able to enact their own rules that were more 
stringent than the state’s.

Georgia has now adopted the 2012 International Swimming Pool and Spa Code, 
and local amendments such as Coweta’s are no longer enforceable.

Under the new code, the pool side of fences must be at least 20 inches from the 
water’s edge. However, for an above-ground pool, the pool wall and barrier on top 
can be used to meet the requirement for a four-foot fence. In this case, the ladder 
or steps to the pool must be secured, locked, or removed when the pool is not in 
use. This week, the commissioners voted to repeal the 2014 local amendments. 

There was no discussion on the matter.

The code changes only apply to newly constructed pools – or to pools that are 
taken down at the end of the season and put back up the next year.

Another big change made in 2014 was that pools two feet and deeper had to be 
fenced. Previously, Coweta only required fences for pools that were four feet or 
deeper.

The 2012 code goes even further – anything that is 12 inches deep or more and is 
designed to be connected to a circulation system is considered an “aquatic vessel” 
and subject to the code’s rules for fences.

The fencing requirement applies to both permanent and temporary pools, but does 
not apply to “portable vessels 12 inches or less in designed water depth which are 
drained and filled daily.”

The code doesn’t appear to address pools that are deeper than 12 inches but not 
designed to have a circulation/filtration system.

Hot tubs must be secured from entry, but can have a lockable cover instead of a 
fence, as long as the cover is strong enough to support the weight of an adult.

Under the new code, the opening in chain link or lattice fence must be no larger 
than 1.75 inches. Slats can be added to chain link with larger opening, as long as 
the openings are less than 1.75 inches once reduced by the slats.

Put your pool fences up during the holidays

There are 16 more days until Christmas and 15 more days until the start of Hanukkah. Families will be joining each other for the holidays and the new year. Please make sure that your pool fences are up and in good condition. If you notice that anything is wrong with your fence please call us at 1-888-919-2229 so we can schedule a repair to your fence. Have a happy and save holiday!

Swimming Pool Regulations in Florida

CHAPTER 515

RESIDENTIAL SWIMMING POOL SAFETY ACT

515.21 Short title.

515.23 Legislative findings and intent.

515.25 Definitions.

515.27 Residential swimming pool safety feature options; penalties.

515.29 Residential swimming pool barrier requirements.

515.31 Drowning prevention education program; public information publication.

515.33 Information required to be furnished to buyers.

515.35 Rulemaking authority.

515.37 Exemptions.

515.21 Short title.—This chapter may be cited as the “Preston de Ibern/McKenzie Merriam Residential Swimming Pool Safety Act.”

History.—s. 1, ch. 2000-143.

515.23 Legislative findings and intent.—The Legislature finds that drowning is the leading cause of death of young children in this state and is also a significant cause of death for medically frail elderly persons in this state, that constant adult supervision is the key to accomplishing the objective of reducing the number of submersion incidents, and that when lapses in supervision occur a pool safety feature designed to deny, delay, or detect unsupervised entry to the swimming pool, spa, or hot tub will reduce drowning and near-drowning incidents. In addition to the incalculable human cost of these submersion incidents, the health care costs, loss of lifetime productivity, and legal and administrative expenses associated with drownings of young children and medically frail elderly persons in this state each year and the lifetime costs for the care and treatment of young children who have suffered brain disability due to near-drowning incidents each year are enormous. Therefore, it is the intent of the Legislature that all new residential swimming pools, spas, and hot tubs be equipped with at least one pool safety feature as specified in this chapter. It is also the intent of the Legislature that the Department of Health be responsible for producing its own or adopting a nationally recognized publication that provides the public with information on drowning prevention and the responsibilities of pool ownership and also for developing its own or adopting a nationally recognized drowning prevention education program for the public and for persons violating the pool safety requirements of this chapter.

History.—s. 1, ch. 2000-143.

515.25 Definitions.—As used in this chapter, the term:

(1) “Approved safety pool cover” means a manually or power-operated safety pool cover that meets all of the performance standards of the American Society for Testing and Materials (ASTM) in compliance with standard F1346-91.

(2) “Barrier” means a fence, dwelling wall, or nondwelling wall, or any combination thereof, which completely surrounds the swimming pool and obstructs access to the swimming pool, especially access from the residence or from the yard outside the barrier.

(3) “Department” means the Department of Health.

(4) “Exit alarm” means a device that makes audible, continuous alarm sounds when any door or window which permits access from the residence to any pool area that is without an intervening enclosure is opened or left ajar.

(5) “Indoor swimming pool” means a swimming pool that is totally contained within a building and surrounded on all four sides by walls of or within the building.

(6) “Medically frail elderly person” means any person who is at least 65 years of age and has a medical problem that affects balance, vision, or judgment, including, but not limited to, a heart condition, diabetes, or Alzheimer’s disease or any related disorder.

(7) “Outdoor swimming pool” means any swimming pool that is not an indoor swimming pool.

(8) “Portable spa” means a nonpermanent structure intended for recreational bathing, in which all controls and water-heating and water-circulating equipment are an integral part of the product and which is cord-connected and not permanently electrically wired.

(9) “Public swimming pool” means a swimming pool, as defined in s. 514.011(2), which is operated, with or without charge, for the use of the general public; however, the term does not include a swimming pool located on the grounds of a private residence.

(10) “Residential” means situated on the premises of a detached one-family or two-family dwelling or a one-family townhouse not more than three stories high.

(11) “Swimming pool” means any structure, located in a residential area, that is intended for swimming or recreational bathing and contains water over 24 inches deep, including, but not limited to, in-ground, aboveground, and on-ground swimming pools; hot tubs; and nonportable spas.

(12) “Young child” means any person under the age of 6 years.

History.—s. 1, ch. 2000-143.

515.27 Residential swimming pool safety feature options; penalties.—

(1) In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet at least one of the following requirements relating to pool safety features:

(a) The pool must be isolated from access to a home by an enclosure that meets the pool barrier requirements of s. 515.29;

(b) The pool must be equipped with an approved safety pool cover;

(c) All doors and windows providing direct access from the home to the pool must be equipped with an exit alarm that has a minimum sound pressure rating of 85 dB A at 10 feet;

(d) All doors providing direct access from the home to the pool must be equipped with a self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor; or

(e) A swimming pool alarm that, when placed in a pool, sounds an alarm upon detection of an accidental or unauthorized entrance into the water. Such pool alarm must meet and be independently certified to ASTM Standard F2208, titled “Standard Safety Specification for Residential Pool Alarms,” which includes surface motion, pressure, sonar, laser, and infrared alarms. For purposes of this paragraph, the term “swimming pool alarm” does not include any swimming protection alarm device designed for individual use, such as an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water.

(2) A person who fails to equip a new residential swimming pool with at least one pool safety feature as required in subsection (1) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, except that no penalty shall be imposed if the person, within 45 days after arrest or issuance of a summons or a notice to appear, has equipped the pool with at least one safety feature as required in subsection (1) and has attended a drowning prevention education program established by s. 515.31. However, the requirement of attending a drowning prevention education program is waived if such program is not offered within 45 days after issuance of the citation.

History.—s. 1, ch. 2000-143; s. 14, ch. 2016-129.

515.29 Residential swimming pool barrier requirements.—

(1) A residential swimming pool barrier must have all of the following characteristics:

(a) The barrier must be at least 4 feet high on the outside.

(b) The barrier may not have any gaps, openings, indentations, protrusions, or structural components that could allow a young child to crawl under, squeeze through, or climb over the barrier.

(c) The barrier must be placed around the perimeter of the pool and must be separate from any fence, wall, or other enclosure surrounding the yard unless the fence, wall, or other enclosure or portion thereof is situated on the perimeter of the pool, is being used as part of the barrier, and meets the barrier requirements of this section.

(d) The barrier must be placed sufficiently away from the water’s edge to prevent a young child or medically frail elderly person who may have managed to penetrate the barrier from immediately falling into the water.

(2) The structure of an aboveground swimming pool may be used as its barrier or the barrier for such a pool may be mounted on top of its structure; however, such structure or separately mounted barrier must meet all barrier requirements of this section. In addition, any ladder or steps that are the means of access to an aboveground pool must be capable of being secured, locked, or removed to prevent access or must be surrounded by a barrier that meets the requirements of this section.

(3) Gates that provide access to swimming pools must open outward away from the pool and be self-closing and equipped with a self-latching locking device, the release mechanism of which must be located on the pool side of the gate and so placed that it cannot be reached by a young child over the top or through any opening or gap.

(4) A wall of a dwelling may serve as part of the barrier if it does not contain any door or window that opens to provide access to the swimming pool.

(5) A barrier may not be located in a way that allows any permanent structure, equipment, or similar object to be used for climbing the barrier.

History.—s. 1, ch. 2000-143.

515.31 Drowning prevention education program; public information publication.—

(1) The department shall develop a drowning prevention education program, which shall be made available to the public at the state and local levels and which shall be required as set forth in s. 515.27(2) for persons in violation of the pool safety requirements of this chapter. The department may charge a fee, not to exceed $100, for attendance at such a program. The drowning prevention education program shall be funded using fee proceeds, state funds appropriated for such purpose, and grants. The department, in lieu of developing its own program, may adopt a nationally recognized drowning prevention education program to be approved for use in local safety education programs, as provided in rule of the department.

(2) The department shall also produce, for distribution to the public at no charge, a publication that provides information on drowning prevention and the responsibilities of pool ownership. The department, in lieu of developing its own publication, may adopt a nationally recognized drowning prevention and responsibilities of pool ownership publication, as provided in rule of the department.

History.—s. 1, ch. 2000-143.

515.33 Information required to be furnished to buyers.—A licensed pool contractor, on entering into an agreement with a buyer to build a residential swimming pool, or a licensed home builder or developer, on entering into an agreement with a buyer to build a house that includes a residential swimming pool, must give the buyer a document containing the requirements of this chapter and a copy of the publication produced by the department under s. 515.31 that provides information on drowning prevention and the responsibilities of pool ownership.

History.—s. 1, ch. 2000-143.

515.35 Rulemaking authority.—The department shall adopt rules pursuant to the Administrative Procedure Act establishing the fees required to attend drowning prevention education programs and setting forth the information required under this chapter to be provided by licensed pool contractors and licensed home builders or developers.

History.—s. 1, ch. 2000-143.

515.37 Exemptions.—This chapter does not apply to:

(1) Any system of sumps, irrigation canals, or irrigation flood control or drainage works constructed or operated for the purpose of storing, delivering, distributing, or conveying water.

(2) Stock ponds, storage tanks, livestock operations, livestock watering troughs, or other structures used in normal agricultural practices.

(3) Public swimming pools.

(4) Any political subdivision that has adopted or adopts a residential pool safety ordinance, provided the ordinance is equal to or more stringent than the provisions of this chapter.

(5) Any portable spa with a safety cover that complies with ASTM F1346-91 (Standard Performance Specification for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas and Hot Tubs).

(6) Small, temporary pools without motors, which are commonly referred to or known as “kiddie pools.”

History.—s. 1, ch. 2000-143.

Pool Fencing Laws in The United States

There is no federal pool fence law currently in place within the United States. However, several states, including Florida, and Arizona, have created their own individual pool fence laws.

The Association of Pool & Spa Professionals has developed a model barrier code for residential swimming pools, spas, and hot tubs; this code has been approved by the American National Standards Institute.

The International Code Council (I.C.C.),outlined strong safety standards for swimming pool fences. In an effort to eliminate or reduce the accidental drowning of children, these standards have been recognized by many communities throughout the world. Certain states are more strict with their laws and the most populated states with Pools such as Arizona, California, Florida, and Texas have special statutes in place that discuss all pool fencing types including frameless glass railings.

In 2006, 283 children under the age of five drowned in swimming pools in the United States.

The I.C.C. pool safety standards specify that:

• The fence must be a minimum of 48 inches tall
• The middle horizontal rail must be at least 45 inches above the bottom horizontal rail
• The spacing between pickets must be less than 4 inches.
• The space between the bottom horizontal rail and the ground must be less than 2 inches.
• The gate(s) must be self-closing and self-latching.
• The gate(s) need to open outward (away from the pool area).
• The operating mechanism of the latch must be at least 54 inches from the bottom of the gate or it shall be on the pool side of the gate at least 3 inches below the top AND shall not have any opening greater than 1/2 inch within 18 inches of the release mechanism.

Click here for information about pool fencing laws in each state.

Daisy Mountain Firefighters Charities Helps Local Family Get Pool Fence

8/31/16

ANTHEM – The Daisy Mountain Firefighters Charities donated a pool fence to a local family in need. The pool fence installation began a few weeks ago.

The Piper family, who lives in Anthem, is adopting two small boys and needed a pool fence to finalize the adoption with the state. Faced with multiple other financial considerations, they couldn’t afford the fence currently. The Daisy Mountain Firefighters Charities supports families in need throughout the community and was able to finance the pool fence installation for the family. Pool Barrier of Arizona installed the fence.