PA Pool Laws

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Artbuc

Member
Jurisdiction
Pennsylvania
Not sure if this question fits here. We are replacing the gate on our HOA pool. It appears Pa has its own pool regulations independent of IBC and ADA. From what I can tell, the only requirement is a 48" high fence and with self closing and self latching gate. No additional requirements on height of latch, etc. Can we locate the latch at any height we want? I will talk with our fence contractor and local township. Just curious if someone here knows the answer. We are 55+, if that makes any difference and our pool is considered private since it is an amenity residents pay more. Thanks.
 
I suggest you talk to your insurance company. It's your insurance company that will be paying any liability claims for injuries or deaths. The increased cost of your insurance will far outweigh the cost of the gate.

Word of caution. If you ask your agent, insist on a letter from the insurance company underwriter as to that company's requirements.
 
army judge said:
The controlling authority is your lord and master, The Almighty HOA.
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LOL, our Board is asking me. This is a very interesting topic actually as there are competing interests in the various codes. Accessibility vs child safety and it appears child safety wins. Our county has a set of pool safety rules which say latch has to be high enough to prevent children from entering. Well, by definition, if a child gets in, the latch was not high enough. In this case we would use 54" which is what all national codes call for.

Our township has nothing published in writing but I will call tomorrow. The old folks here will balk at 54" since our current worn out latch is only 44". Maybe we will install a lockable latch with keypad.
 
Of course, child safety should win! If the "old folks" gripe about it, tell them to picture a small child floating face down in the pool...perhaps one of their grandchildren. Then ask them if it's worth it to reach up an extra 10" to prevent that picture from becoming a reality.
 
Pennsylvania Uniform Building Code says the latch has to be either 54" above the ground or three inches below the top of the gate (on the inside) and the gate needs to swing away from the pool.

The IBC has no bearing here. Once you are away from one or two family houses with pool the Public Bathing Act and the International Pool and Spa Code (2018 version) apply.
 
Artbuc said:
We are replacing the gate on our HOA pool.
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Meaning the HOA is replacing the gate on a community pool. Right?

Artbuc said:
Can we locate the latch at any height we want?
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This is a request for specific legal advice. Not only is it inappropriate for an internet message board (see the "Legal Disclaimer" at the bottom of every page at this site), but it would be an awful idea to act on what anyone here says. Some, but not all, of the folks who respond here are attorneys. To my knowledge, no one who responds here regularly is in Pennsylvania, and I doubt anyone here has any knowledge of Pennsylvania laws regarding community pools.

If there's uncertainty, the HOA should retain legal counsel to research the applicable laws.
 
army judge said:
That seems to be a sound solution.

At what height do you plan to install the keypad???

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I found out that keypad is unacceptable because a child could watch and learn the code. It is impractical to issue keys or cards to all residents. I confirmed with township that latch must be 54". Normally gates are 48" and you would use a pull up magnetic latch mounted at 54". We have a five foot high gate and a pull-up will not work. It would be too hard to reach over the gate and grab the pull-up. We were able to find a latch with levers that operates from both sides of the gate. We will mount at 54" and all should be good.
 
Artbuc said:
I found out that keypad is unacceptable because a child could watch and learn the code. It is impractical to issue keys or cards to all residents. I confirmed with township that latch must be 54". Normally gates are 48" and you would use a pull up magnetic latch mounted at 54". We have a five foot high gate and a pull-up will not work. It would be too hard to reach over the gate and grab the pull-up. We were able to find a latch with levers that operates from both sides of the gate. We will mount at 54" and all should be good.
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Bully for you and the other members of the HOA.

The HOA delegated the duties to the right person.

Perhaps it is time for you to run for HOA President, as the current leadership's idiocy is on display.

Do your civic duty, and become the next President to continue helping your clueless neighbors.

Good on you, mate.
 
The PA codes are as I stated, either 54" high or more than a foot below the gate height on the pool side. The type of lock means SQUAT once it's located in these areas (either a combo or just a simple pull will work). Again, once you're out of the single or duplex home case, the pool must comply with the full up IPSA.
 

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