Under UDO Section 5.02(C)(7), a private pool or hot tub must be completely surrounded by an impenetrable barrier at least four (4) feet high, with self-closing, self-latching gates and doors capable of being locked. A qualifying power safety pool cover may substitute. Pool fences must also meet the general Fence and Wall Standards (Section 5.09).
Carmel's pool barrier rules are in UDO Section 5.02(C)(7) (Private Swimming Pool or Hot Tub). For safety, the pool and its deck area must be completely surrounded by one of the following deemed impenetrable by the enforcing authority: (i) walls or fencing not less than four (4) feet high, with the only openings being self-closing and self-latching gates and doors that are capable of being locked; (ii) 'other means' not less than four feet high deemed impenetrable; or (iii) a combination of the two. Alternatively, a safety pool cover may be used if it forms a continuous connection between cover and deck, is mechanically operated by key (or key and switch), can support a 400-pound imposed load, is installed with a track/rollers/rails, and bears a manufacturer ID tag, or otherwise complies with the Indiana swimming pool code, 675 IAC 14-4.3-296, as amended. Section 5.09(J) (Fence and Wall Standards) adds that where a private pool is permitted, the fencing must comply with both the general fence standards and Section 5.02(C)(7). These local rules track the Indiana Residential Code, Section R326 (675 IAC 14-4.4-38), which likewise requires a four-foot barrier with self-closing, self-latching, lockable gates and is enforced by local government.
An unfenced or non-compliant pool barrier is a UDO violation and a safety hazard. The enforcing authority may order correction; continued non-compliance is subject to Article 10 penalties. Building permits and final inspection approval are withheld until the barrier meets Section 5.02(C)(7).
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