Pool barriers in Chapel Hill are governed by Appendix V (2018 edition) / Appendix NC-A (2024 edition) of the North Carolina Residential Code, enforced by Chapel Hill Building & Development Services at (919) 968-2718. The state code requires a barrier at least 48 inches above grade on the exterior side, no opening that allows a 4-inch sphere to pass, a maximum 2-inch grade-to-bottom clearance (4 inches over concrete/solid material), and pedestrian gates that open outward, are self-closing, and have a self-latching device. Chapel Hill Code Section 5-42 (Article III, Chapter 5) is the Town's older swimming pool fence ordinance (4-foot fence, self-closing gate, inside latch) and is superseded for state code requirements by the statewide NCRC under HB 488 state preemption.
The North Carolina 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 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.' Chapel Hill Code of Ordinances Chapter 5, Article III, Section 5-42 (Fence required) is the Town's older municipal pool fence ordinance and requires a fence not less than four feet in height enclosing the pool perimeter and self-closing gates 'with the latch on the inside of the gate, not readily available for children to open,' and notes that the section's 'intent and purpose... is to provide protection to children against injury or mishap.' Where the NCRC Appendix V standards are stricter (48 inches versus 4 feet, outward-opening gates, 4-inch sphere rule), the state code controls under NCGS 143-138 as amended by Session Law 2023-108 (HB 488), which reorganized the State Building Code Council and Residential Code Council and limits local amendments to the NC Residential Code.
A residential pool barrier under 48 inches above grade violates NCRC AV105.2 Item 1 as enforced by Chapel Hill Building & Development Services. Barrier openings that allow a 4-inch sphere to pass violate Item 2. Gates that swing into the pool yard, are not self-closing, or lack self-latching hardware violate Item 8. Town Code Section 5-42 separately prohibits constructing or operating a pool without a perimeter fence at least four feet in height with self-closing gates. Failed barrier inspections will result in denial of final pool inspection.
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