Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 17 - SWIMMING POOLS AND SPAS › Chapter 10.17.01 - Public Swimming Pools and Spas › Section 10.17.01.21 - Barriers

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				  set forth in §§B, C, and D of this regulation, an owner shall ensure
				  that a recreational pool, semipuhlic pool, or public spa, including the
				  required deck area, is completely surrounded by a barrier that complies with
				  the following requirements:
(1) The top of
				  the barrier is at least 72 inches above grade measured on the side of the
				  barrier that faces away from the pool or spa;
(2) The maximum vertical clearance between
				  grade and the bottom of the barrier is 4 inches measured on the side of the
				  barrier that faces away from the pool or spa;
(3) Except when a door or gate that allows
				  access to the pool or spa area enclosed by the barrier is open, an opening in
				  the barrier including in a door or gate does not allow passage of a sphere 4
				  inches in diameter;
(4) Fence
				  pickets have a maximum separation of 4 inches;
(5) The barrier discourages climbing by
				  preventing access to nearby structures to simplify climbing over it, such as
				  light poles, site furnishings, overhanging tree limbs, or other obvious
				  footholds or handholds;
(6) A
				  barrier with horizontal members less than 45 inches apart measured top to top
				  does not have:
(a) Vertical openings greater
				  than 1-3/4 inches in width; or
(b)
				  Horizontal members on the outside of the barrier;
(7) The barrier does not have decorative
				  cutouts greater than 1-3/4 inches in width;
(8) A chain link fence has a maximum mesh
				  size of 2-1/4 inches;
(9) A lattice
				  fence has a maximum mesh size of 1-3/4 inches;
(10) Except as provided in §A(11) and
				  (12) of this regulation, a door or gate that allows access to the pool or spa
				  area enclosed by the barrier shall:
(a) Have
				  the release to open the door or gate located:
(i) At least 54 inches from the floor level;
				  or
(ii) Between 34 and 48 inches
				  from the floor level when an electronic or combination mechanical release
				  device is used to release the door or gate;
(b) Be locked to prevent unauthorized entry
				  to the pool or spa area;
(c) Open
				  away from the pool or spa area;
(d)
				  Have an opening that provides a minimum width of 32 inches between the gate or
				  door stop and the face of the gate or door with the gate or door open 90
				  degrees; and
(e) Comply with
				  Regulation .37 of this chapter;
(11) A door or gate that allows access to the
				  pool or spa area enclosed by the barrier and is designated as fire egress from
				  a building:
(a) May not be included in any
				  facility approvedfor construction after May 27, 2022; and
(b) Is exempt from §A(10)(c) of this
				  regulation;
(12) A door
				  or gate used exclusively for maintenance or service access is exempt from
				  §A(10)(a) and (c)-(e) of this regulation; and
(13) A window that is a part of the barrier
				  may not be able to be opened more than 4 inches.