421.10
Enclosures for private swimming pools, spas and hot tubs:
In lieu of any zoning laws or ordinances to the contrary,
private swimming pools, spas and hot tubs shall be enclosed
in accordance with 780 CMR 421.l0.l through 421.10.4 or
by other approved barriers.
421.10.1
Outdoor private swimming pool: An outdoor private swimming
pool, including an in-ground, aboveground or on-ground pool,
hot tub or spa shall be provided with a barrier which shall
comply with the following.
l.
The top of the barrier shall be at least 48 inches (1219
mm) above finished ground level measured on the side of
the barrier which faces away from the swimming pool. The
maximum vertical clearance between finished ground level
and the barrier shall be two inches (51 mm) measured on
the side of the barrier which faces away from the swimming
pool. Where the top of the pool structure is above finished
ground level, such as an above-ground pool, the barrier
shall be at finished ground level, such as the pool structure,
or shall be mounted on top of the pool structure. Where
the barrier is mounted on top of the pool structure, the
maximum vertical clearance between the top of the pool structure
and the bottom of the barrier shall be four inches (102
mm).
2.
Openings in the barrier shall not allow passage of a four-inch
(102 mm) diameter sphere.
3.
Solid barriers shall not contain indentations or protrusions
except for normal construction tolerances and tooled masonry
joints.
4.
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 not exceed 1¾ inches
(44 mm) in width. Decorative cutouts shall not exceed 1¾
inches (44 mm) in width.
5.
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 not exceed four inches (102 mm). Decorative cutouts
shall not exceed 1¾ inches (44 mm) in width.
6.
Maximum mesh size for chain link fences shall be a 1¼-inch
(32 mm) square unless the fence is provided with slats fastened
at the top or the bottom which reduce the openings to not
more than 1¾-inches (44 mm).
7.
Where the barrier is composed of diagonal members, such
as a lattice fence, the maximum opening formed by the diagonal
members shall be not more than 1¾ inches (44 mm).
8. Access gates shall comply with the requirements of 780
CMR 421.10.1 items 1
through 7, and shall be equipped to accommodate a locking
device. Pedestrian
access gates shall open outwards away from the pool and
shall be self-closing and have a self-latching device. Gates
other than pedestrian access gates shall have a self-latching
device. Where the release mechanism of the self-latching
device is located less than54 inches (1372 mm) from the
bottom of the gate: (a) the release mechanism shall be located
on the pool side of the gate at least three inches (76 mm)
below the top of the gate; and (b) the gate and barrier
shall not have an opening greater than ½ inch (13
mm) within 18 inches (457 mm) of the release mechanism.
9.
Where a wall of a dwelling serves as part of the barrier,
one of the following shall apply:
9.1.
All doors with direct access to the pool through that wall
shall be equipped
with an alarm which produces an audible warning when the
door and its screen, present, are opened. The alarm shall
sound continuously for a minimum of 30 seconds immediately
after the door is opened. The alarm shall have a minimum
sound pressure rating of 85 dBa at ten feet (3048 mm) and
the sound of the alarm shall be distinctive from other household
sounds such as smoke alarms, telephones and door bells.
The alarm shall automatically reset under all conditions.
The alarm shall be equipped with manual means, such as touchpads
or switches, to deactivate temporarily the alarm for a single
opening from either direction. Such deactivation shall last
for not more than 15 seconds. The deactivation touchpads
or switches shall be located least 54 inches (1372 mm) above
the threshold of the door.
9.2.
The pool shall be equipped with an approved power safety
cover.
10.
Where an above-ground pool structure used as a barrier or
where the barrier mounted on top of the pool structure,
and the means of access is a fixed or removable ladder or
steps, the ladder or steps shall be surrounded by a barrier
which meets the requirements of 780 CMR 421.10.1 items through
9. A removable ladder shall not constitute an acceptable
alternative to enclosure requirements.
421.10.2
Indoor private swimming pool: All walls surrounding an indoor
private swimming pool shall comply with 780 CMR 421.10.1,
item 9.
421.10.3
Prohibited locations: Barriers shall be located so as to
prohibit permanent structures, equipment or similar objects
from being used to climb the barriers.
421.10.4
Exemptions: The following shall be exempt from the provisions
of 780 CMR 421.0.
1.
A spa or hot tub with an approved safety cover.
2.
Fixtures which are drained after each use.
