What are the pool fence and setback rules in Indian Wells?

Indian Wells's code: No more than 2 inches of clearance at the bottom of the barrier. (Measured on the side of the barrier facing away from the pool.) (§ 16.31.030); Bottom clearance may be up to 4 inches. (Applies when the ground is a solid surface a child cannot dig through, such as a concrete deck.) (§ 16.31.030).

Swimming pools in Indian Wells: the local rules

Indian Wells code What Indian Wells's code adds
Pool barrier	No more than 2 inches of clearance at the bottom of the barrier. Applies: Measured on the side of the barrier facing away from the pool. § 16.31.030 · code text The maximum vertical clearance between grade and the bottom of the barrier shall be two inches (51 mm) measured on the side of the barrier which faces away from the swimming pool. Bottom clearance may be up to 4 inches. Applies: Applies when the ground is a solid surface a child cannot dig through, such as a concrete deck. § 16.31.030 · code text The maximum vertical clearance at the bottom of the barrier may be increased to four inches (102 mm) when grade is a solid surface impenetrable by a child such as a concrete deck. No more than 4 inches of clearance. Applies: Applies when the barrier sits on top of an above-ground pool. § 16.31.030 · code text Where the barrier is mounted on top of the above-ground pool structure the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be four inches. Spacing between vertical members must not exceed 1 1/4 inches. Applies: Applies when the tops of horizontal members are less than 45 inches apart. § 16.31.030 · code text When barriers have horizontal members, the tops of which are spaced less than 45 inches (1,143 mm) apart: (i) the horizontal members shall be placed on the pool side of the barrier; and (ii) spacing between vertical members shall not exceed one and one-quarter (1 1/4) inches in width. Spacing between vertical members may be up to 4 inches. Applies: Applies to fences of vertical and horizontal members with 45 inches or more between horizontal tops. § 16.31.030 · code text For fencing composed of vertical and horizontal members, the spacing between vertical members may be increased up to four inches (102 mm) when the distance between the tops of horizontal members is 45 inches (1,143 mm) or more. No decorative work that makes the barrier easy to climb, and no chain link fences as the barrier. § 16.31.030 · code text Any decorative design work on the side away from the swimming pool, such as protrusions, indentations or cutouts, which render the barrier easily climbable, is prohibited. Chain link fences shall not be used as the barrier. An existing fence may serve if at least 60 inches high, 2-inch bottom gap at most, and no 4-inch openings. Applies: Applies to existing property fences around the pool area. § 16.31.030 · code text Existing fences surrounding property at pool area, which are at least 60 inches above grade, measured on the side of the barrier which faces away from the swimming pool, has a maximum vertical clearance between grade and the bottom of the barrier of two inches and has no openings that will allow the passage of a four-inch diameter sphere are permitted. A new pool or spa must be blocked from other properties, and the home blocked from the pool. Applies: New pool or spa at a single-family home; blocking from other properties not needed in a patrolled, gate-guarded community. § 16.31.010 · code text Whenever a construction permit is issued for construction of a new swimming pool or spa at a private single-family home it shall be equipped with the following safety features as provided in this Chapter:
Barrier height	At least 60 inches high. Applies: Measured on the side away from the pool. Not required for a pool with a safety cover meeting ASTM F 1346-91. § 16.31.030 · code text The top of the barrier shall be at least 60 inches (1,524 mm) above grade measured on the side of the barrier which faces away from the swimming pool.
Gates	Gates must take a lock; separation fence gates open away from the pool, self-close and self-latch. § 16.31.030 · code text Access gates shall be equipped to accommodate a locking device. Separation fence gates shall open outward away from the pool and shall be self-closing and have a self-latching device. Release on pool side, at least 3 inches below gate top; no opening over 1/2 inch within 18 inches. Applies: Applies when the release is less than 54 inches above grade. § 16.31.030 · code text Where the release mechanism of the self-latching devices is located less than 54 inches (1,372 mm) from grade: (i) the release mechanism shall be located on the pool side of the barrier at least three inches (76 mm) below the top of the gate; and (ii) the gate and barrier shall have no opening greater than one-half inch (13 mm) within 18 inches (457 mm) of the release mechanism. Lockable hardware or padlocks, kept locked when not in use. Applies: Applies to gates other than pedestrian access gates. § 16.31.030 · code text Any gates other than pedestrian access gates shall be equipped with lockable hardware or padlocks and shall remain locked at all times when not in use.
Setback from property lines	The pool water edge must be at least 5 feet from any property line. Applies: No rear setback is required for pools next to a golf course or common open space. § 21.20.130 · code text The water perimeter of the pool shall be no closer than five (5) feet from any property line.

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