East Honolulu is governed by the City and County of Honolulu, whose Building Code (ROH Chapter 16, Article 6) requires every residential swimming pool to be enclosed by a barrier meeting International Building Code Sections 3109.4 and 3109.5. The barrier must be at least 48 inches high, have no more than a 2-inch gap at the bottom, openings no larger than a 4-inch sphere, and self-closing, self-latching gates.
East Honolulu (Hawaii Kai, Aina Haina, Niu Valley, Kuliouou, Waialae-Kahala) is an unincorporated community within the City and County of Honolulu, so the Revised Ordinances of Honolulu (ROH) control. ROH Sec. 16-6.2 (Fences and other protective devices) governs residential pools and provides: 'See Sections 3109.4 and 3109.5 of the International Building Code, as amended.' The City's amendment to Building Code Section 3109.4 states that 'Residential swimming pools are accessory to R-3 residential occupancies. Residential swimming pools shall conform to Sections 3109.4.1 through 3109.4.3 and to ROH Chapter 16, Article 6.' Under model Section 3109.4.1, the top of the barrier must be not less than 48 inches above grade measured on the side facing away from the pool, the vertical clearance between grade and the bottom of the barrier must be not greater than 2 inches, openings must not allow passage of a 4-inch-diameter sphere, and pedestrian access gates must be self-closing and self-latching (Sec. 3109.4.1.7). Historically ROH 16-6.2 set a 4.5-foot fence height with self-latching gates at least four feet above ground; the City repealed that language and now incorporates the building-code barrier standard by reference. A barrier is triggered for any pool, spa, or hot tub holding water at least 18 inches deep.
Pool-barrier violations are enforced by the City and County of Honolulu Department of Planning and Permitting under ROH Sec. 16-6.6. A violation is a misdemeanor punishable by a fine of up to $1,000 and/or up to one year imprisonment, with each day a separate offense; the building superintendent may also impose administrative civil fines of up to $1,000 per day until the unprotected pool is brought into compliance.
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