37.115.602    BARRIERS FOR OUTDOOR POOLS AND WATER FEATURES

(1) For aquatic facilities built after March 1, 2010, barriers for outdoor pools, spas, or other water features, including all splash decks shall be:

(a) at least 60 inches in height; and

(b) constructed so that all gates or doors in the barrier open out from the pool and are equipped with self-closing doors or gates with self-latching closure mechanisms and locking mechanisms at a height of at least 54 inches above the ground or three inches below the top of the gate on the side facing the pool.

(2) All entries must be equipped so that they can be locked at all times when supervision is not provided at the swimming pool, spa, or other water feature to prevent unauthorized swimmers from using the pool, spa, or other water feature.

(3) Lifeguarded pools are not required to have a self-closing, self-latching gate during the period a pool is in use; however, facility gates must be closed and locked during nonuse periods.

(4) One barrier may surround multiple pools, spas, or water features at one outdoor facility, except that a barrier four feet in height must be provided to separate a wading pool or splash deck from other pools.

(5) Other designs may be approved in writing by the department.

History: 50-53-103, MCA; IMP, 50-53-101, 50-53-102, 50-53-103, 50-53-104, 50-53-106, 50-53-107, MCA; NEW, 2010 MAR p. 80, Eff. 1/15/10; AMD, 2011 MAR p. 2657, Eff. 12/9/11.