Florida State Barrier Requirements & Building Codes
Note:
The below requirements are not the responsibility of Libhart, Inc.; it is the homeowner or homeowner intermediary responsibility to install the required barrier/fence per the 2005 Florida State Statue chapter 515 section 29 and the Florida Building Code 424.2.17.1. If the homeowner or homeowner intermediary fails to install the required barrier/fence, it will delay the final inspection for the residential swimming pool or spa. If a delay in the final inspection exceeds 10 days from when the contractor stated the barrier requirements must be met; a 15% late charge will be applied to the final payment.
These requirements are to restrict the entrance of a pool or spa by unauthorized persons or small children. BARRIER REQUIREMENTS ARE THE RESPONSIBILITY OF THE HOMEOWNER NOT THE CONTRACTOR.
If a neighbors fence is already in place immediately adjacent to where your fence should go it will qualify for a required barrier. It will not be suitable to place a fence side by side to your neighbors existing fence, due to the fact that the fences will have side by side runners allowing a child to climb up one side and down the other.
Barrier Requirements
Per the Florida Statute on Residential Swimming Pool Safety chapter 515.29. (Verbatim)
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 (54” or above) 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.
Floirda Building Code
Per the Florida Building Code 424.2.17.1 (Verbatim)
424.2.17.1 Outdoor Swimming Pools. Outdoor swim¬ming pools shall be provided with a barrier complying with 424.2.17.1.1 through 424.2.17.1.14.
424.2.17.1.1 The top of the barrier shall be at least 48 inches above grade measured on the side of the barrier which faces away from the swimming pool. The max¬imum vertical clearance between grade and the bottom of the barrier shall be 2 inches measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade the barrier may be at ground level or 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 4 inches.
424.2.17.1.2 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 as herein described below. One end of the barrier shall not be removable without the aid of tools. Openings in the barrier shall not allow passage of a 4-inch diameter sphere.
424.2.17.1.3 Solid barriers which do not have open¬ings shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.
424.2.17.1.4 Where the barrier is composed of hor¬izontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 13/4 inches in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 13/4 inches in width.
424.2.17.1.5 Where the barrier is composed of hor¬izontal and vertical members and the distance between the tops of the horizontal members is 45 inches or more, spacing between vertical members shall not exceed 4 inches. Where there are decora¬tive cutouts within vertical members, spacing with-in the cutouts shall not exceed 13/4 inches in width.
424.2.17.1.6 Maximum mesh size for chain link fences shall be a 21/4 inch square unless the fence is provided with slats fastened at the top or bottom which reduce the openings to no more than 13/4 inches.
424.2.17.1.7 Where the barrier is composed of diag¬onal members, the maximum opening formed by the diagonal members shall be no more than 13/4 inches.
424.2.17.1.8 Access gates, when provided, shall comply with the requirements of 424.2.17.1.1 through 424.2.17.1.7 and shall be equipped with a self-closing and self-latching locking device located no less than 54 inches from the bottom of the gate. The device release mechanism shall 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. Gates that provide access to the swimming pool must open outward away from the pool. The gates and barrier shall have no opening greater than 1/2 inch within 18 inches of the release mechanism.
424.2.17.1.9 Where a wall of a dwelling serves as part of the barrier, one of the following shall apply:
All doors and windows providing direct access from the home to the pool shall be equipped with an exit alarm complying with UL 2017 that has a minimum sound pressure rating of 85 dB A at 10 feet and is either hard-wired or of the plug-in type. The exit alarm shall pro-duce a continuous audible warning when the door and its screen are opened. The alarm shall sound immediately after the door is opened and be capable of being heard throughout the house during normal household activities. The alarm shall be equipped with a manual means to temporarily deactivate the alarm for a single opening. Such deactivation shall last no more than 15 seconds. The deactivation switch shall be located at least 54 inches above the thresh-old of the door.
Exceptions:
- Screened or protected windows having a bottom sill height of 48 inches or more measured from the interior finished floor at the pool access level.
- Windows facing the pool on floor above the first story.
- Screened or protected pass-through kitchen windows 42 inches or higher with a counter beneath.
- All doors providing direct access from the home to the pool must be equipped with a self-closing, self-latching device with positive mechanical latching/locking installed a mini-mum of 54 inches above the threshold, which is approved by the authority having jurisdiction.
424.2.17.1.10 Where an aboveground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, the ladder or steps either shall be capable of being secured, locked or removed to pre-vent access, or the ladder or steps shall be surround¬ed by a barrier which meets the requirements of 424.2.17.1.1 through 424.2.17.1.9 and 424.2.17.1.12 through 424.2.17.1.14. When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a 4 inch diameter sphere.
424.2.17.1.11 Standard screen enclosures which meet the requirements of section 424.2.17 may be utilized as part of or all of the “barrier” and shall be considered a “non-dwelling” wall. One end of the barrier shall not be removable without the aid of tools.
424.2.17.1.12 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 bar¬rier requirements of this section.
424.2.17.1.13 The barrier must be placed sufficient¬ly away from the water’s edge to prevent a young child or medically frail elderly person who may manage to penetrate the barrier from immediately falling into the water. Sufficiently away from the water’s edge shall mean no less than 20 inches from the barrier to the water’s edge. Dwelling or non-dwelling walls, when used as part or all of the “bar¬rier” and meeting the other barrier requirements, may be as close to the water’s edge as permitted by this code.
424.2.17.1.14 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 direct access from the home to the swimming pool.
NOTE:
If the homeowner fails to comply they will be 100% responsible for the re-inspection fee. If the Barrier Criteria are not met prior to the final inspection and project is delayed in excess of 10 days from when the Contractor stated the Barrier Requirements must be met, a 15% late charge will be applied to the final payment. | 
