Swimming pool barriers in Farmington Hills must comply with the Michigan Residential Code Appendix G (adopted from the 2015 IRC), which is preempted to the state by the Stille-DeRossett-Hale Act. A minimum 48-inch (4-foot) barrier is required, with openings no greater than 4 inches in diameter, and self-closing/self-latching gates with the latch at least 54 inches above grade. Chapter 28 of the Farmington Hills code (Sec. 28-26 through 28-30) further regulates pools locally.
Michigan's Stille-DeRossett-Hale Single State Construction Code Act (MCL 125.1501-125.1531) preempts local building code amendments, so Farmington Hills must enforce the state-adopted Michigan Residential Code (currently based on the 2015 IRC). IRC Appendix G governs residential swimming pool barriers and requires: (1) a barrier at least 48 inches in height measured on the side facing away from the pool; (2) no openings through which a 4-inch sphere can pass; (3) a maximum 2 inches between the bottom of the barrier and grade on a non-solid surface (4 inches on solid surface like a deck); (4) horizontal members on the pool-facing side at least 45 inches apart, otherwise vertical spacing must not exceed 1.75 inches; (5) gates that open outward, are self-closing and self-latching, with the release mechanism at least 54 inches above the ground (or located on the pool side at least 3 inches below the top of the gate); and (6) where the dwelling forms part of the barrier, doors and windows opening directly into the pool area must have alarms or the pool must be equipped with a powered safety cover complying with ASTM F1346. Farmington Hills Code of Ordinances Chapter 28 (Swimming Pools) at Sec. 28-26 through 28-30 implements these standards locally and is enforced by the Building Division.
A non-compliant pool barrier is a violation of the Michigan Residential Code and Chapter 28. The Building Division can issue stop-work orders, withhold the certificate of completion, require correction before the pool may be filled or used, and pursue municipal civil infraction citations. Liability exposure under Michigan attractive-nuisance doctrine is significant.
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