NAC444.136. Barriers; exclusion of unauthorized persons.

     1. Provision must be made to exclude unauthorized persons from any pool or pool area. A pool must be surrounded by a fence, wall, building or other barrier that completely encloses the pool area and otherwise complies with the requirements of this section. No part of a pool enclosure may be used for common foot traffic.

     2. The barrier must be impenetrable for small children and must not offer any external handholds or footholds.

     3. In the case of a swimming pool operated solely for and in conjunction with a hotel, motel or other place of lodging, or a trailer park, apartment, condominium or other facility containing multiple dwellings, the barrier must be not less than 5 feet (1.5 meters) in height. Courtyard-type concepts in which gates or doors open directly into a pool enclosure from a dwelling unit or hotel or motel room are not permitted. In any other case, the barrier must be not less than 6 feet (1.8 meters) in height.

     4. Any vertical members in the barrier must not be more than 4 inches (10.16 centimeters) apart.

     5. Any opening at the bottom of the barrier must not be more than 4 inches (10.16 centimeters) in height.

     6. Any gate or door that opens into the pool area:

     (a) Must be equipped with permanent locking devices and self-closing and positive self-latching mechanisms. Self-closing and self-latching mechanisms must be located not less than 3 1/2 feet above the ground.

     (b) Must self-close and positively self-latch from any open position.

     (c) Must not be blocked open or otherwise disabled to prevent closing and latching.

     (d) Must, in the case of an indoor pool, be made of metal and installed in a metal frame.

Ê The operator of the pool shall periodically inspect each such gate or door to ensure that it is operating properly.

     7. Facilities, such as large resort hotels, which have continuous, 24-hour-a-day security of the pool area may be exempt from the requirements of this section.

     8. Where existing construction prohibits compliance with the requirements of this section, the owner shall file with the health authority an operation procedure which will serve to ensure the exclusion of unattended small children from the pool.

     [Bd. of Health, Public Bathing Places Reg. Art. 16, eff. 5-21-74]—(NAC A 11-1-88)