Residential swimming pool barriers in Burlington are governed by the Vermont Fire and Building Safety Code, adopted by the Vermont Division of Fire Safety under 20 V.S.A. Sec. 2731. The Vermont code adopts the International Residential Code (IRC), including the swimming pool barrier provisions in Appendix G / Chapter 49 (referencing the International Swimming Pool and Spa Code, ISPSC). Any pool deeper than 24 inches must be enclosed by a barrier at least 48 inches high measured on the side facing away from the pool, with openings that will not pass a 4-inch sphere. Gates must open outward away from the pool and be self-closing and self-latching, with the latch release at least 54 inches above the ground. Burlington enforces these requirements through the Department of Permitting & Inspections (DPI) building permit process.
Title 20, Chapter 173 of the Vermont Statutes (20 V.S.A. Sec. 2731) directs the Commissioner of Public Safety to adopt rules establishing the Vermont Fire and Building Safety Code. The current code is codified at Code of Vermont Rules 28-070-001 (Vermont Fire and Building Safety Code). The Vermont code adopts, with state amendments, the International Residential Code for one- and two-family dwellings, including the swimming pool, spa, and hot tub barrier requirements. Under the IRC pool barrier rules (incorporated from the ISPSC Section 305 / IRC Appendix G AG105), the following minimum standards apply to any residential pool, spa, or hot tub capable of holding water more than 24 inches deep: (1) the barrier must be at least 48 inches high measured on the exterior side; (2) the maximum vertical clearance between grade and the bottom of the barrier is 2 inches (4 inches over a solid surface); (3) openings must not allow passage of a 4-inch-diameter sphere; (4) horizontal members on the pool side must be spaced at least 45 inches apart, with vertical member spacing not exceeding 1-3/4 inches when horizontal members are closer; (5) chain-link mesh openings cannot exceed 1-1/4 inches; (6) pedestrian gates must open outward away from the pool, be self-closing and self-latching, with the release mechanism at least 54 inches above the ground; (7) where a dwelling wall serves as part of the barrier, doors with direct pool access must have an alarm or the pool must have a powered safety cover meeting ASTM F1346. Above-ground pools may use the pool wall as part of the barrier if the wall is at least 48 inches and ladders are removable or in a lockable enclosure. In Burlington, residential building permits and inspections are administered by the Department of Permitting & Inspections; pool installation triggers a building permit and electrical permit. Public and semi-public pools are additionally regulated by the Vermont Department of Health under the Lodging Establishment regulations.
Violations of the Vermont Fire and Building Safety Code are enforceable under 20 V.S.A. Chapter 173. The Commissioner of Public Safety may issue notices of violation, stop-work orders, and assess civil penalties; willful violations can be charged as misdemeanors. Burlington may independently enforce its building permit requirements through the DPI, including stop-work orders and removal of non-compliant structures. Drowning incidents involving non-compliant barriers can also expose property owners to civil liability under Vermont premises liability law.
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