Existing swimming pool barrier

[Mr. Inspector]

I just did a final on a deck. Only the deck had a permit. Turns out the deck goes directly to a on ground pool that was not on the plans. There is nothing on the deck that complies to a pool area barrier per the adopted 2018 ISPSC. The untouched existing fence which does comply as a pool area barrier surrounds the back yard and the door alarm on the house door complies to the 2018 ISPSC but the windows and gates don't. Gates are high enough but do not have the proper hardware or swing direction. The pool barrier may have passed inspection years ago before the present code was adopted or may have been built before we had any codes, I can't tell.
Does the gates and windows need to be upgraded to the 2018 ISPSC?

 

[TheCommish]

Was the pool permitted and inspected?

 

[ICE]

I don’t know what the ISPSC say as about windows. The gate hardware is worth a correction and usually not a difficult fix but the direction of gate swing is not worth the grief.

 

[Mr. Inspector]

I don’t know what the ISPSC say as about windows

2018 ISPSC 305.4
1. Operable windows having a sill height of less than 48 inches (1219 mm) above the indoor finished floor and doors shall have an alarm that produces an audible warning when the window, door or their screens are opened. The alarm shall be listed and labeled as a water hazard entrance alarm in accordance with UL 2017. In dwellings or structures not required to be Accessible units, Type A units or Type B units, the operable parts of the alarm deactivation switches shall be located 54 inches (1372 mm) or more above the finished floor. In dwellings or structures required to be Accessible units, Type A units or Type B units, the operable parts of the alarm deactivation switches shall be located not greater than 54 inches (1372 mm) and not less than 48 inches (1219 mm) above the finished floor.

 

[Mr. Inspector]

Was the pool permitted and inspected?

That's it I don't know. Does it matter? The deck is inside of the non-compliant pool barrier, did not seem to affect the non-compliant pool barrier and the pool barrier was existing when I went out to do the deck inspection. It may have complied when it was built or built before we had codes 20 years ago or built without a permit when a permit was required, no way to know when doing inspections.

1. Does work inside a pool barrier require the barrier where there the pool has a C. O. to be upgraded to the modern code?
2. Does work inside a pool barrier require the barrier where there the pool does not have a C. O. to be upgraded to the modern code?
3. Would work in a house that had a C. O. require the front steps to be upgraded to the modern code?
4. Would work in a house that was built before permits were required, require the front steps to be upgraded to the modern code?

The gate hardware is worth a correction and usually not a difficult fix but the direction of gate swing is not worth the grief.

I disagree. It would be easier and cheaper to reverse the hinges than to buy springs and a new pool latch and mount them.

 

[tmurray]

The way I have approached similar situations in the past:

Understanding that these items are not directly related to the scope of work under the permit,
If the new construction makes something previously compliant non-compliant, then it is a deficiency.
If the item was non-compliant before and the new construction is not increasing the risk, it can remain as is, but is noted in writing to the owner.

You cannot over-document these situations.

 

[Inspector Gadget]

If the new construction makes something previously compliant non-compliant, then it is a deficiency.
If the item was non-compliant before and the new construction is not increasing the risk, it can remain as is, but is noted in writing to the owner.

^^^^ This.

The language I have used is something akin to "x is not an item under the auspices of building permit xxx-2024, however the following deficiencies were observed (list, with code reference) and you are strongly advised to rectify these matters."

I just had one of these last week, where a museum in an old mansion wants to expand to a second floor that they are already occupying - essentially, the intent is to allow people to wander upstairs to look at stuff in a space currently used by staff and for storage. Entire place is not to Code. I provided a three-page 11-point list of "this ain't right" for something that we have no authority (yet) to issue a permit for. CYA.

OFM is involved, and they may ask for changes.

 

[steveray]

Was there a deck there previously? If the pool and barrier were previously approved, it does get a little gray…I might try to argue that the deck makes it a fall into the pool rather than a climb into thereby making it less safe, but that would take some thinking….

 

[mtlogcabin]

1. Operable windows having a sill height of less than 48 inches (1219 mm) above the indoor finished floor and doors shall have an alarm that produces an audible warning when the window, door or their screens are opened.

Does that include the 2nd and 3rd story windows?

 

[steveray]

Does that include the 2nd and 3rd story windows?

Unfortunately the way it is written, I believe it does....Something I need to get my State to clarify...Similar to multi level decks...When you can climb or jump down, do you still have a barrier?