Search RCHD

ROBESON COUNTY RULES GOVERNING THE FENCING AND OPERATION OF PRIVATE SWIMMING POOLS

1.0 Purpose

The Board of Health of Robeson County, pursuant to North Carolina General Statutes G.S. 130A-39, which authorizes a local board of health to adopt rules necessary to protect and promote the public health, does hereby ordain that the “Robeson County Rules Governing the Fencing of Private Swimming Pools” is a necessary protection for the general population of Robeson County.

2.0  Definitions.

Private Swimming Pool” is any swimming pool operated in conjunction with a single-family residential unit, the use of which is limited to occupants of that residence and their guests.  This definition shall include in-ground, above ground and on ground swimming pools, wading pools, spas and hot tubs that are capable of holding 24 inches of water and designed for mechanical filtration.  Exemptions from these rules include water gardens, water fountains and spas with safety lids or covers. 

3.0 Site Layout

All outdoor private swimming pools shall be enclosed by fence or other permanent barrier that discourages climbing and is designed so as to minimize the possibility of unauthorized or unwary persons entering the pool area.

(a) All fences must be a minimum of 4 ft in height (from the outside approach).

(b) All fences must be constructed so as not to provide hand holds or foot holds for children to climb.  Openings in between vertical slats and the bottom of the fence shall not exceed 4 inches to prevent children from squeezing through.  Horizontally slats must be at least 30 inches apart to prevent children from using the fence as a ladder.  If chain link fences are used, the mesh size shall not exceed 2 1/4 inches. The top railing of the fence shall be capable of supporting at least 150 lbs in order to prevent the possibility of the fence collapsing. 

(c) Larger above ground pools that have an exterior wall height of 4 ft. do not need a fence, however, a 4 ft. high enclosure with a self -closing / positive self -latching gate must be constructed around the ladder/egress area of the pool with the exception of quick disconnect or flip-up, lockable ladders.

(d) All gates and doors shall be equipped with self-closing and positive self-latching mechanisms and shall be equipped with locking devices.

(e) The gate latches shall be located 54 inches above the horizontal bottom rail of the access gate or the gate latch may be installed on the pool side of the fence, 3 inches below the top of the gate.  If the gate latch is installed on the pool side of the gate, an anti-access shield shall be installed to prevent children from reaching through the gate openings to open the gate latch.  The anti-access shield shall cover at least 18 inches of area around the latch.  There shall not be any openings greater than ½ inch within the anti-access shield.  Solid fencing and gates are exempt from installation requirements of an anti-access shield.

 (f) When a wall of a dwelling serves as part of the barrier, one of the following conditions shall be met.

(1)     The pool shall be equipped with a powered safety cover in compliance with ASTM ES 13-89; or,

(2)     All 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 its screen, if present, are opened. The alarm shall sound continuously for a minimum of 30 seconds immediately after the door is opened and be capable of being heard throughout the house during normal household activities. The alarm shall automatically reset under all conditions. The alarm system shall be equipped with a manual means, such as touch pad or switch, to temporarily deactivate the alarm for a single opening. Such deactivation shall last for not more than 15 seconds. The deactivation switch(es) shall be located at least 54 inches above the threshold of the door; or,

(3)     Other means of protection, such as self-closing doors and self-latching devices, which are approved by the Robeson County Health Department, shall be acceptable so long as the degree of protection afforded is not less than the protection afforded by item 3.0(f)(1) and 3.0(f)(2) described above.

(g) All private swimming pool enclosures shall be completely installed within thirty (30) days of pool completion.  A completed pool is any pool capable of holding 24 inches of water. 

4.0 Operation, Maintenance and Utilization

(a) Private swimming pools must be maintained in a clean and sanitary condition (suitable for swimming) so as not to create a nuisance or a hazard to others and to prevent it from becoming a breeding site for unwanted pests such as mosquitoes.  If the pool cannot be maintained in this condition, then it shall be covered with a safety cover that will support the weight of an adult.  Standing water on pool covers shall be kept drained.

(b) After appropriately equipping and securing a regulated swimming pool, it shall be the sole duty of the property owner to maintain and utilize the fencing, closure mechanisms, and entrance barriers.

It is recommended that all private swimming pools have a walk or deck area out the entire perimeter of the pool of a minimum width of three (3) feet of unobstructed clear distance.

5.0 Non-conforming Private Swimming Pools

Private swimming pools constructed prior to the effective date of this regulation must be brought into compliance at the earliest possible date, but in no case later than April 1, 2003.                                                            

6.0 Right Of Entry

Pursuant to authority granted by North Carolina General Statute 130A-17, the Department shall have the right to enter upon the premises of any property for the purpose of conducting an inspection and determining compliance with these Rules. 

7.0 Remedies

If a person violates any part of these Rules, then he/she shall be guilty of a misdemeanor and shall be subject to sanctions provided in Chapter 130A-25 of the North Carolina General Statutes. 

8.0 Severability

If any provision of these Rules or the application thereof to any person or circumstance is declared invalid, then the remainder of these Rules or the application of such provision to other persons or circumstances shall not be thereby affected. 

9.0 Alternative System

Operators who feel that they have an alternative system that meets or exceeds the requirements stated in 3.0 may present information to the Health Director and the Board of Health for determination.

9.0 Effective Date

Adopted September 27, 2001 by the Robeson Board of Health, these Rules shall be effective on and after January 1, 2002.