5 rules for unincorporated Hawaii County, Hawaii.
Verified from official government sources
A County of Hawai'i building permit is required to construct any residential pool. Public/commercial pools also need a State Department of Health permit to operate under HAR 11-10, but private single-family pools are exempt from that Health permit.
HAR 11-10-4(a)
No person shall operate or maintain a public swimming pool unless a permit to operate has been obtained from the department. The permit shall be valid for five years unless revoked or suspended for cause.
Residential pools must be enclosed by a barrier at least 48 inches high under the county-adopted building code. Openings cannot pass a 4-inch sphere, and gates must be self-closing with a self-latching device opening away from the pool.
Hawaii Building Code 3109.4.1, 3109.4.1.1, 3109.4.1.7
The top of the barrier shall be not less than 48 inches (1219 mm) above grade. Openings in the barrier shall not allow passage of a 4-inch-diameter (102 mm) sphere. Pedestrian access doors or gates shall open outward away from the pool and shall be self-closing and have a self-latching device.
Any pool over 18 inches deep must have a compliant safety barrier. Public pools also follow State DOH operating standards. Private residential pools at single-family homes are exempt from the DOH public-pool rules but still need the county barrier.
HAR 11-10-1
This chapter sets forth minimum requirements for the protection of public health respecting public swimming pools. These requirements shall apply to all public swimming pools, but shall not apply to: (1) Private residential swimming pools; (2) Private residential spas, hot tubs, or furo (Japanese baths).
Above-ground pools over 18-24 inches deep still need a compliant barrier. If the pool wall itself serves as the barrier, the access ladder or steps must be removable, lockable, or surrounded by a compliant fence.
Hawaii Building Code 3109.4 (above-ground pool barrier)
Where an aboveground pool structure is used as a barrier and the means of access is a ladder or steps, then the ladder or steps either shall be capable of being secured, locked or removed to prevent access, or the ladder or steps shall be surrounded by a barrier that meets the requirements, and any opening created shall not allow the passage of a 4-inch-diameter (102 mm) sphere.
A private spa, hot tub, or furo at a single-family home is exempt from State DOH public-pool rules. For barrier purposes, a spa or hot tub with a safety cover complying with ASTM F1346 need not have a fence enclosure.
HAR 11-10-1(2)
These requirements shall apply to all public swimming pools, but shall not apply to: ... (2) Private residential spas, hot tubs, or furo (Japanese baths).
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