Residential pool barriers in Nashua are governed by the 2021 International Swimming Pool and Spa Code (ISPSC) adopted as the Residential Swimming Pool and Spa Code of the City of Nashua under NRO Sec. 105-25 (Article VII, Chapter 105). ISPSC Section 305.2.1 requires the barrier to be 'not less than 48 inches above grade' on the side facing away from the pool. Section 305.3 requires that openings 'shall not allow passage of a 4-inch-diameter sphere.' Section 305.5 requires pedestrian access gates to 'open outward away from the pool or spa,' be self-closing, and have a self-latching device. Nashua applies these provisions as adopted; under RSA 155-A, the state framework controls.
NRO Sec. 105-25 (Adoption of Swimming Pool and Spa Code), enacted by Ordinance O-21-045, provides: 'A certain document and referenced code on file in the Department of Building Safety of the City of Nashua, New Hampshire, being marked and designated as the International Swimming Pool and Spa Code adopted as per the New Hampshire State Building Code per RSA 155-A and as published by the International Code Council, Inc., and any amendments adopted thereto, is hereby adopted as the Residential Swimming Pool and Spa Code of the City of Nashua, in the State of New Hampshire, for the control of residential swimming pools and spas and systems.' The current edition is the 2021 ISPSC per RSA 155-A as updated by HB 1681 (2024), effective December 31, 2024. ISPSC 2021 Section 305.2.1 provides: 'The top of the barrier shall be not less than 48 inches above grade where measured on the side of the barrier that faces away from the pool or spa, with such height existing around the entire perimeter of the barrier.' Section 305.3 (Openings) provides: 'Openings in the barrier shall not allow passage of a 4-inch-diameter sphere.' Section 305.5 (Gates) provides: 'Pedestrian access gates shall open outward away from the pool or spa, shall be self-closing and shall have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches from grade, the release mechanism shall be located on the pool or spa side of the gate not less than 3 inches below the top of the gate, and the gate and barrier shall have no opening greater than 1/2 inch within 18 inches of the release mechanism.' Section 305.6 controls dwelling walls used as part of the barrier. Public pools are also regulated by NH DES under NRO Sec. 105-26.B and RSA 485-A:26 and Env-Wq 1100.
A pool barrier shorter than 48 inches violates ISPSC Sec. 305.2.1. Openings allowing a 4-inch sphere to pass violate Sec. 305.3. Gates that swing into the pool yard, lack self-closing hardware, or lack a self-latching device violate Sec. 305.5. Failed barrier inspections will prevent the Department of Building Safety from approving the final pool inspection. Violations of the adopted ISPSC are subject to NRO Chapter 74 and RSA 676:15-17-b per NRO Sec. 105-26.E.
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