Residential pool, spa, and hot tub barriers in Chapel Hill must comply with NC Residential Code Appendix V (2018) / Appendix NC-A (2024) - 48 inches minimum height on the exterior side, no opening allowing a 4-inch sphere to pass, maximum 2-inch grade-to-bottom clearance (4 inches over concrete/solid surface), 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) separately mandates a perimeter fence not less than four feet in height with self-closing gates and the latch on the inside of the gate. Where the state and town codes differ, the stricter NCRC controls under HB 488 state preemption.
NC Residential Code Appendix V (2018) Section AV105.2 Item 1 reads: '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.' 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 Section 5-42 (Fence required) states it is 'unlawful to construct, install, maintain or operate a swimming pool within the town without constructing and maintaining around the entire perimeter a fence not less than four feet in height and of sufficient strength to eliminate unobstructed access except at properly constructed entrance gates,' and requires that 'gates shall be of a self-closing type with the latch on the inside of the gate, not readily available for children to open.' Section 5-42 also waives the perimeter fence where 'the entire premises of the residence is enclosed... upon inspection and approval of the residence enclosure.' Where the NCRC standards are stricter than the local code, NC Session Law 2023-108 (HB 488, 2023) generally controls because it 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. Openings allowing a 4-inch sphere to pass violate Item 2. Gates that swing inward, are not self-closing, or lack self-latching hardware violate Item 8. A pool installed without a 4-foot perimeter fence (or approved residence-wide enclosure) violates Chapel Hill Code Section 5-42. Failed barrier inspections block final pool approval from Chapel Hill Building & Development Services.
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