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37 CHESTNUT STREET - POOL COMPLIANCE LTR CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 98 WASHINGTON STREET,2ND FLOOR TEL. (978) 745-9595 KIMBERLEY DRISCOLL THOMAS ST.PIERRE MAYOR DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONEP September 24, 2021 Seth and Elizabeth Moulton 37 Chestnut Street Salem Ma. 01970 Re:pool compliance Dear Owners, I am aware that the pool at your property was installed back in 2005 and not while you owned the property. This Department has been receiving a constant complaint regarding the non- compliance of the safeguards surrounding the pool. I also understand that you have commissioned a project that,when fabricated and installed, will bring the Chestnut Street gate into compliance. Thursday, I checked the rear gates (Warren Street)of your property and I was able to open them, with little effort, and would have had direct contact access to your property an pool. I have enclosed a copy of the current ICC Spa and Swimming pool sections of the code for you to review. I would like to have a very brief call with you after you have had a chance to read the section.. It is possible that your current pool cover brings the pool into compliance but I am not sure. I would like to bring this matter to end very soon. Sin erely, Y,, Thomas St.Pierre GENERAL COMPLIANCE permanent residential spas shall be controlled in accordance 2. Swimming pools with a powered safety cover that with the requirements of APSP 15. complies with ASTM F 1346. 305.2 Outdoor swimming pools and spas. Outdoor pools SECTION 304 and spas and indoor swimming pools shall be surrounded by FLOOD HAZARD AREAS a barrier that complies with Sections 305.2.1 through 305.7. 304.1 General. The provisions of Section 304 shall control 305.2.1 Barrier height and clearances. Barrier heights the design and construction of pools and spas installed in and clearances shall be in accordance with all of the fol- flood hazard areas. lowing: [BS] 304.2 Determination of impacts based on location. 1. The top of the barrier shall be not less than 48 inches Pools and spas located in flood hazard areas indicated within (1219 mm)above grade where measured on the side the International Building Code or the International Residen- of the barrier that faces away from the pool or spa. tial Code shall comply with Section 304.2.1 or 304.2.2. Such height shall exist around the entire perimeter of the barrier and for a distance of 3 feet(914 mm) Exception:Pools and spas located in riverine flood hazard measured horizontally from the outside of the areas that are outside of designated floodways and pools required barrier. and spas located in flood hazard areas where the source of 2. The vertical clearance between de and the bottom flooding is tides,storm surges or coastal storms. [BS]304.2.1 Pools and spas located in designated flood- of the barrier shall not exceed 2 inches(51 mm)for ways. Where pools and spas are located in designated grade surfaces that are not solid, such as grass or gravel, where measured on the side of the barrier floodways, documentation shall be submitted to the code that faces away from the pool or spa. official that demonstrates that the construction of the pools and spas will not increase the design flood elevation at any 3. The vertical clearance between a surface below the point within the jurisdiction. barrier to a solid surface, such as concrete, and the bottom of the required barrier shall not exceed 4 [BS] 304.2.2 Pools and spas located where floodways inches(102 mm)where measured on the side of the f-` have not been designated. Where pools and spas are required barrier that faces away from the pool or located where design flood elevations are specified but spa. floodways have not been designated, the applicant shall provide a floodway analysis that demonstrates that the 4. Where the top of the pool or spa structure is above proposed pool or spa and any associated grading and fill- grade,the barrier shall be installed on grade or shall ing,will not increase the design flood elevation more than be mounted on top of the pool or spa structure. 1 foot(305 mm)at any point within the jurisdiction. Where the barrier is mounted on the top of the pool or spa,the vertical clearance between the top of the [BS] 3043 Pools and spas in coastal high-hazard areas. pool or spa and the bottom of the barrier shall not Pools and spas installed in coastal hazard areas shall be exceed 4 inches(102 mm). designed and constructed in accordance with ASCE 24. [B5] 304.4 Protection of equipment. Equipment shall be 305.2.2 Openings.Openings in the barrier shall not allow passage of a 4-inch-diameter(102 mm)sphere. elevated to or above the design flood elevation or be anchored to prevent flotation and protected to prevent water 305.23 Solid barrier surfaces. Solid barriers that do not from entering or accumulating within the components during have openings shall not contain indentations or protrusions conditions of flooding. that form handholds and footholds,except for normal con- 304.5 GFCI protection. Electrical equipment installed struction tolerances and tooled masonry joints. below the design flood elevation shall be supplied by branch 305.2.4 Mesh fence as a barrier.Mesh fences,other than circuits that have ground-fault circuit interrupter protection chain link fences in accordance with Section 305.2.7,shall for personnel. be installed in accordance with the manufacturer's instruc- tions and shall comply with the following: SECTION 305 1. The bottom of the mesh fence shall be not more than 1 inch (25 mm)above the deck or installed surface BARRIER REQUIREMENTS or grade. 305.1 General. The provisions of this section shall apply to 2. The maximum vertical clearance from the bottom of ! the design of barriers for pools and spas. These design con- the mesh fence and the solid surface shall not permit trols are intended to provide protection against the potential the fence to be lifted more than 4 inches(102 mm) drowning and near drowning by restricting access to such from grade or decking. pools or spas.These requirements provide an integrated level of protection against potential drowning through the use of 3. The fence shall be designed and constructed so that physical barriers and warning devices. it does not allow passage of a 4-inch (102 mm) sphere under any mesh panel. The maximum verti- cal clearance from the bottom of the mesh fence and 1. Spas and hot tubs with a lockable safety cover that the solid surface shall not be more than 4 inches complies with ASTM F 1346. (102 mm)from grade or decking. GENERAL COMPLIANCE 4. An attachment device shall attach each barrier sec- 305.3.1 Utility or service gates. Gates not intended for tion at a height not lower than 45 inches(1143 mm) pedestrian use,such as utility or service gates,shall remain above grade. Common attachment devices include, locked when not in use. but are not limited to,devices that provide the secu- 305.3.2 Double or multiple gates.Double gates or multi- rity equal to or greater than that of a hook-and-eye- ple gates shall have at least one leaf secured in place and type latch incorporating a spring-actuated retaining the adjacent leaf shall be secured with a self-latching ]ever such as a safety gate hook. device.The gate and barrier shall not have openings larger 5. Where a hinged gate is used with a mesh fence,the than V2 inch(12.7 mm)within 18 inches(457 mm)of the gate shall comply with Section 305.3. latch release mechanism. The self-latching device shall 6. Patio deck sleeves such as vertical post receptacles comply with the requirements of Section 305.3.3. that are placed inside the patio surface shall be of a 305.3.3 Latches. Where the release mechanism of the nonconductive material. self-latching device is located less than 54 inches (1372 7. Mesh fences shall not be installed on top of mm) from grade, the release mechanism shall be located onground residential pools. on the pool or spa side of the gate not less than 3 inches (76 mm)below the top of the gate,and the gate and barrier 305.2.5 Closely spaced horizontal members. Where the shall not have openings greater than V, inch (12.7 mm) barrier is composed of horizontal and vertical members within 18 inches(457 mm)of the release mechanism. and the distance between the tops of the horizontal mem- bers is less than 45 inches (1143 mm), the horizontal 305.4 Structure wall as a barrier.Where a wall of a dwell- members shall be located on the pool or spa side of the ing or structure serves as part of the barrier and where doors fence.Spacing between vertical members shall not exceed or windows provide direct access to the pool or spa through 13/,inches (44 mm) in width. Where there are decorative that wall,one of the following shall be required: cutouts within vertical members, spacing within the cut- 1. Operable windows having a sill height of less than 48 outs shall not exceed I%inches(44 mm)in width. inches (1219 mm)above the indoor finished floor and 305.2.6 Widely spaced horizontal members. Where the doors shall have an alarm that produces an audible barrier is composed of horizontal and vertical members warning when the window, door or their screens are and the distance between the tops of the horizontal mem- opened.The alarm shall be listed and labeled as a water bers is 45 inches (1143 mm) or more, spacing between hazard entrance alarm in accordance with UL 2017.In vertical members shall not exceed 4 inches (102 mm). dwellings or structures not required to be Accessible Where there are decorative cutouts within vertical mem- units,Type A units or Type B units,the operable parts bers,the interior width of the cutouts shall not exceed 13/4 of the alarm deactivation switches shall be located 54 inches(44 mm). inches(1372 mm)or more above the finished floor.In dwellings or structures required to be Accessible units, 305.2.7 Chain link dimensions. The maximum opening Type A units or Type B units,the operable parts of the formed by a chain link fence shall be not more than I% alarm deactivation switches shall be located not greater I inches (44 mm). Where the-fence is provided with slats than 54 inches (1372 mm)and not less than 48 inches fastened at the top and bottom which reduce the openings, (1219 mm)above the finished floor. such openings shall be not more than I%inches(44 mm). 2. A safety cover that is listed and labeled in accordance 3051.8 Diagonal members. Where the barrier is com- with ASTM F 1346 is installed for the pools and spas. posed of diagonal members, the maximum opening formed by the diagonal members shall be not more than 3. An approved means of protection,such as self-closing 13/,inches(44 mm).The angle of diagonal members shall doors with self-latching devices, is provided. Such be not greater than 45 degrees(0.79 rad)from vertical. means of protection shall provide a degree of protection that is not less than the protection afforded by Item 1 or 305.2.9 Clear zone.There shall be a clear zone of not less 2. than 36 inches(914 mm)between the exterior of the bar- 305.5 Onground residential pool structure as a barrier. rier and any permanent structures or equipment such as An onground residential pool wall structure or a barrier pumps, filters and heaters that can be used to climb the mounted on top of an onground residential pool wall struc- barrier. ture shall serve as a barrier where all of the following condi- 305.2.10 Poolside barrier setbacks.The pool or spa side tions are present: of the required barrier shall be not less than 20 inches(508 1. Where only the pool wall serves as the barrier,the bot- mm)from the water's edge. tom of the wall is on grade, the top of the wall is not 3053 Gates. Access gates shall comply with the require- less than 48 inches (1219 mm) above grade for the ments of Sections 305.3.1 through 305.3.3 and shall be entire perimeter of the pool,the wall complies with the equipped to accommodate a locking device.Pedestrian access requirements of Section 305.2 and the pool manufac- gates shall open outward away from the pool or spa,shall be turer allows the wall to serve as a barrier. self-closing and shall have a self-latching device. is GENERAL COMPLIANCE 2. Where a barrier is mounted on top of the pool wall,the than 33/,inches(95 min)and not greater than 7'/,inches(191 top of the barrier is not less than 48 inches(1219 mm) mm). The tread distance from front to back shall be not less above grade for the entire perimeter of the pool,and the than 11 inches(279 mm). Step risers for decks of residential wall and the barrier on top of the wall comply with the pools and spas shall be uniform and shall have a height not requirements of Section 305.2. exceeding 7'/, inches (191 mm). The tread distance from 3. Ladders or steps used as means of access to the pool are front to back shall be not less than 10 inches(254 mm). capable of being secured,locked or removed to prevent 306.4 Deck steps handrail required. Public pool and spa access except where the ladder or steps are surrounded deck steps having three or more risers shall be provided with by a barrier that meets the requirements of Section 305. a handrail. 4. Openings created by the securing, locking or removal 306.5 Slope. The minimum slope of decks shall be in accor- of ladders and steps do not allow the passage of a 4- dance with Table 306.5 except where an alternative drainage inch(102 mm)diameter sphere. method is provided that prevents the accumulation or pooling 5. Barriers that are mounted on top of onground residen- of water.The slope for decks,other than wood decks,shall be tial pool walls are installed in accordance with the pool not greater than /2 inch per foot(1 min per 24 mm)except for manufacturer's instructions. ramps.The slope for wood and wood/plastic composite decks 305.6 Natural barriers. In the case where the pool or spa shall be not greater than inch per 1 foot(1 min per 48 mm). � . Decks shall be sloped so that standing water will not be area abuts the edge of a lake or other natural body of water, deeper than V,inch(3.2 mm),20 minutes after the cessation -public access is not permitted or allowed along the shoreline, of the addition of water to the deck. and required barriers extend to and beyond the water's edge not less than 18 inches (457 min), a barrier is not required 306.6 Gaps. Gaps shall be provided between deck boards in between the natural body of water shoreline and the pool or wood and wood/plastic composite decks. Gaps shall be con- spa. sistent with approved engineering methods with respect to 305.7 Natural topography.Natural topography that prevents the type of wood used and shall not cause a tripping hazard. direct access to the pool or spa area shall include but not be 306.6.1 Maximum gap.The open gap between pool decks limited to mountains and natural rock formations. A natural and adjoining decks or walkways,including joint material, barrier approved by the governing body shall be acceptable shall be not greater than 3/,inch(19.1 mm).The difference provided that the degree of protection is not less than the pro- in vertical elevation between the pool deck and the adjoin- tection afforded by the requirements of Sections 305.2 ing sidewalk shall be not greater than inch(6.4 mm). through 305.5. 306.7 Concrete joints. Isolation joints that occur where the pool coping meets the concrete deck shall be water tight. SECTION 306 306:7.1 Joints at coping.Joints that occur where the pool DECKS coping meets the concrete deck shall be installed to protect the coping and its mortar bed from damage as a result of 306.1 General. Decks shall be designed and installed in the anticipated movement of adjoining deck. accordance with the International Residential Code or the International Building Code, as applicable in accordance 306.7.2 Crack control.Joints in a deck shall be provided with Section 102.7.1,except as provided in this section. to minimize visible cracks outside of the control joints caused by imposed stresses or movement of the slab. 306.2;Slip resistant.Decks,ramps, coping,and similar step surfaces shall be slip resistant and cleanable.Special features 306.7.3 Movement control.Areas where decks join exist- in or tpn decks such as markers, brand insignias, and similar ing concrete work shall be provided with a joint to protect materials shall be slip resistant. the pool from damage caused by relative movement. 306.3 Step risers and treads.Step risers for decks of public 306.8 Deck edges. The edges of decks shall be radiused, pools and spas shall be uniform and have a height not less tapered,or otherwise designed to eliminate sharp comers. TABLE 306.5 MINIMUM DRAINAGE SLOPES FOR DECK SURFACES SURFACE MINIMUM DRAINAGE SLOPE (INCH PER FOOT) Carpet '/2 Exposed aggregate 1/4 Textured,hand-finished concrete 1/8 ' Travertine/brick-set pavers,public pools or spas 3/8 Travertine/brick-set pavers,residential pools or spas 1/8 Wood '/8 Woodiplastic composite 1/8 For SI: 1 inch=25.4 mm,1 foot=304.8 mm. GENERAL COMPLIANCE 306.9 Valves under decks. Valves installed in or under 307.4 Materials and structural design.Pools and spas shall decks shall be accessible for operation, service, and mainte- conform to one or more of the standards indicated in Table nance. Where access through the deck walking surface is 307.4. The structural design of pools and spas shall be in required,an access cover shall be provided for the opening in accordance with the International Building Code or the Inter- the deck. Such access covers shall be slip resistant and national Residential Code, as applicable in accordance with secured. Section 102.7.1 of this code. 306.9.1 Hose bibbs.Hose bibbs shall be provided for rins- TABLE 307.4 ing down the entire deck and shall be installed in accor- RESERVOIRS AND SHELLS dance with the International Plumbing Code or MATERIAL STANDARD International Residential Code, as applicable in accor- Fiberglass reinforced plastic IAPMO Z124.7 dance with Section 102.7.1,and shall be located not more Plastic IAPMO Z124.7 than 150 feet(45 720 mm)apart.Water-powered devices, Stainless steel ASTM A 240 such as water-powered lifts, shall have a dedicated hose (Types 316,316L,304,304L) bibb water source. Tile ANSI A108/A118/A136.1 Exception: Residential pools and spas shall not be Vinyl ASTM D 1593 required to have hose bibbs located at 150-foot(45 720 mm)intervals,or have a dedicated hose bibb for water- 307.4.1 Installation. Equipment for pools and spas shall powered devices. be supported to prevent damage from misalignment and settling and located so as to allow access for inspection, servicing,removal and repair of component parts. SECTION 307307.5 Freeze protection.In climates subject to freezing tem- peratures, outdoor pool and spa shells and appurtenances, 307.1 General. The provisions of this section apply to all piping, filter systems,pumps and motors, and other compo- pools and spas. nents shall be designed and constructed to provide protection Exception: The provisions of Sections 307.3 through from damage from freezing. 307.6 do not apply to listed and labeled portable residen- 307.6 Surface condition. The surfaces within public pools I tial spas and listed and labeled portable residential exer- and spas intended to provide footing for users shall be slip cise spas. resistant and shall not cause injury during normal use. 307.2 Glazing in hazardous locations.Hazardous locations 307.7 Colors and finishes. The colors, patterns, or finishes for glazing shall be as,defined in the International Building of the pool or spa interior shall not obscure objects or sur- Code or the International Residential Code, as applicable in faces within the pool or spa. accordance with Section 102.7.1 of this code.Where glazing Exception:Residential pools and spas. is determined to be in a hazardous location,the requirements for the glazing shall be in accordance with those codes, as 307.8 Roofs or canopies. Roofs or canopies over aquatic applicable. vessels shall be in accordance with the International Building 3073 Materials. Pools and spas and appurtenances thereto Code or International Residential Code, as applicable in shall be constructed of materials that are nontoxic to humans accordance with Section 102.7.1 and shall be constructed so and the environment; that are generally or commonly as to prevent water runoff into the pool or spa. regarded to be impervious and enduring;that will withstand 307.9 Accessibility.An accessible route to public pools and the design stresses; and that will provide a watertight struc- spas shall be provided in accordance with the International ture with a smooth and easily cleanable surface without Building Code. Accessibility within public pools and spas cracks or joints, excluding structural-joints,or that will pro- shall be provided as required by the accessible recreational vide a watertight structure to which a smooth,easily cleaned facilities provisions of the International Building Code. surface/finish is applied or attached. Material surfaces that Accessibility for pools and spas accessory to detached one- come in contact with the user shall be finished, so that they and two-family dwellings and townhouses not more than do not constitute a cutting, pinching,puncturing or abrasion three stories in height shall be provided where required by the hazard under casual contact and intended use. International Residential Code. 3073.1 Beach pools. Clean sand or similar material, where used in a beach pool environment, shall be used SECTION 308 over an impervious surface. The sand area shall' be DIMENSIONAL DESIGN designed and controlled so that the circulation system, maintenance, safety, sanitation, and operation of the pool 308.1 Floor slope. The slope of the floor from the point of are not adversely affected. the first slope change to the deep area shall not exceed one 307.3.2 Compatibility. Assemblies of different materials unit vertical in three units horizontal(33-percent slope). shall be chemically and mechanically compatible for their Exception:Portable residential spas and portable residen- intended use and environment. tial exercise spas. 17