Pool barriers in Apex are governed by Appendix V (2018 edition) / Appendix NC-A (2024 edition) of the North Carolina Residential Code, applied through Wake County Inspections and the Apex Building Inspections Division. The barrier must be at least 48 inches above grade on the side facing away from the pool, openings must not allow passage of a 4-inch sphere, the maximum vertical clearance between grade and the bottom of the barrier is 2 inches (4 inches with concrete or fixed solid material), and pedestrian access gates must open outward, be self-closing, and have a self-latching device. Under NC Session Law 2023-108 (HB 488), Apex cannot impose stricter local amendments to the NC Residential Code barrier provisions.
The NC Residential Code Appendix V (2018) - re-designated Appendix NC-A in the 2024 edition - applies statewide to one- and two-family swimming pools, spas, and hot tubs. AV105.2 Item 1 states: '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 maximum 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, such as an above-ground pool, the barrier is authorized to be at ground level, such as the pool structure, 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.' AV105.2 Item 2: 'Openings in the barrier shall not allow passage of a 4-inch-diameter sphere.' AV105.2 Item 8: 'Pedestrian access gates shall open outward away from the pool and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall have a self-latching device.' Wake County's published guidance confirms: 'Pools, hot tubs, and spas are required to be enclosed by a barrier per Appendix V of the North Carolina Residential Code.' NCGS 143-138, as amended by Session Law 2023-108 (HB 488, 2023), reorganized the Code Council framework and constrains local amendments to the NC Residential Code, so Apex applies these standards as written by the State Building Code Council. Apex Building Inspections at 322 N Mason St, (919) 249-3418, performs barrier inspections for single-family residential pools.
A residential pool barrier shorter than 48 inches above grade violates AV105.2 Item 1. Openings allowing passage of a 4-inch sphere (such as standard wide-spaced ornamental fencing) violate Item 2. A gate that does not open outward, is not self-closing, or lacks a self-latching device violates Item 8. Failed barrier inspections will result in denial of the final pool inspection and the pool may not be placed in service.
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