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	<title>Gate Hardware for Pools &#187; consumer product safety commission</title>
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	<link>http://blog.fencemax.com</link>
	<description>Making Kids Safer One Pool at a Time</description>
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		<title>Can the Magna Latch be installed on the inside of the gate?</title>
		<link>http://blog.fencemax.com/faq/can-the-magna-latch-be-installed-on-the-inside-of-the-gate</link>
		<comments>http://blog.fencemax.com/faq/can-the-magna-latch-be-installed-on-the-inside-of-the-gate#comments</comments>
		<pubDate>Sat, 13 Nov 2010 19:19:46 +0000</pubDate>
		<dc:creator>jlighthall</dc:creator>
				<category><![CDATA[FAQ]]></category>
		<category><![CDATA[consumer product safety commission]]></category>
		<category><![CDATA[cpsc]]></category>
		<category><![CDATA[gate]]></category>
		<category><![CDATA[magna latch]]></category>
		<category><![CDATA[pool]]></category>
		<category><![CDATA[pool laws]]></category>

		<guid isPermaLink="false">http://blog.fencemax.com/?p=1304</guid>
		<description><![CDATA[Question :: Can the Top Pull be mounted on the inside of an inward swinging, two part gate?  My building code requires that the latch be on the pool side of the fence. Answer :: The short answer is yes, but does your building code really require this.  While it is true that each individual [...]]]></description>
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<p><a href="http://blog.fencemax.com/wp-content/uploads/2010/11/Magna-Latch-Top-Pull-w-water-background1.jpg"><img class="size-full wp-image-1309 alignleft" title="Magna-Latch-Top-Pull-w-water-background" src="http://blog.fencemax.com/wp-content/uploads/2010/11/Magna-Latch-Top-Pull-w-water-background1.jpg" alt="" width="250" height="353" /></a>Question ::</p>
<p>Can the Top Pull be mounted on the inside of an inward swinging, two part gate?  My building code requires that the latch be on the pool side of the fence.</p>
<p>Answer ::</p>
<p>The short answer is yes, but does your building code really require this.  While it is true that each individual area of the US can make its own pool laws, an overwhelming majority adopt their code from the <a target="_blank" href="http://www.cpsc.gov/cpscpub/pubs/pool.pdf" target="_blank">Consumer Product Safety Commission ( CPSC ) recommendations</a>.  The code allows for 2 different latching scenarios.  One allows for the latch to be on the outside of the fence as long as the release mechanism is above 54 inches from the bottom of the gate.  The other one allows you to mount the latch on the inside of the fence as long as it&#8217;s 3 inches down from the top of the fence and there is not a gap over 1/2 inch within 18 inches of the latch.</p>
<p><a href="http://blog.fencemax.com/fence-laws-regulations/does-my-pool-gate-latch-need-to-be-mounted-on-the-inside-of-the-fence">Click here for more information on installing your latch on the inside of the gate.</a></p>
<p><a target="_blank" title="Magna Latch Top Pull pool safety gate latch" href="http://store.fencemax.com/magna-latch-top-pull.html?source=blog.fencemax.com/faq/can-the-magna-latch-be-installed-on-the-inside-of-the-gate">Magna Latch Top Pull pool safety gate latch</a></p>
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		<item>
		<title>Never Cut Corners On the Gate</title>
		<link>http://blog.fencemax.com/pool-gate-safety/never-cut-corners-on-the-gate</link>
		<comments>http://blog.fencemax.com/pool-gate-safety/never-cut-corners-on-the-gate#comments</comments>
		<pubDate>Wed, 06 Jan 2010 14:54:11 +0000</pubDate>
		<dc:creator>jlighthall</dc:creator>
				<category><![CDATA[Pool Gate Safety]]></category>
		<category><![CDATA[consumer product safety commission]]></category>
		<category><![CDATA[fence]]></category>
		<category><![CDATA[Fences]]></category>
		<category><![CDATA[fencing]]></category>
		<category><![CDATA[fencing contractor]]></category>
		<category><![CDATA[safety gate hardware]]></category>

		<guid isPermaLink="false">http://blog.fencemax.com/?p=163</guid>
		<description><![CDATA[Over my 25 year career installing all types of fencing I have learned one thing, the fence is the last step on a project.  Because of this it is often the place where folks try to save money and I don't blame them.]]></description>
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<p><a href="http://blog.fencemax.com/wp-content/uploads/2010/05/vinylgate1.jpg"><img class="alignleft size-full wp-image-1033" title="Never Cut Corners On the Gate" src="http://blog.fencemax.com/wp-content/uploads/2010/05/vinylgate1.jpg" alt="" width="350" height="263" /></a>Over my 25 year career installing all types of fencing, I have learned one fact.  The fence is the last step on a project.  This is often the place where folks try to save the most money and I don&#8217;t blame them, but is it really saving money if the gate stops working 3 months after it has been  installed?  The obvious answer is no, but I realize that does not necessarily convince you to spend an extra $50.00 for the good hardware. So, how do I convince you?</p>
<p>Your gate is the part of the fence you will interact with the most, sometimes on a daily basis.  It is also the part of the fence that will be most affected by weather, abuse ( how many times do you tell the kids to stop slamming the car door ) and ground movement. Because of these factors, it is the biggest reason a customer calls the fencing contractor back to the job.  Contractors do not like call backs because they cost money (that&#8217;s why disreputable companies won&#8217;t do call backs).</p>
<p>If your backyard fence is just marking the property lines than a gate that works well and as designed may not be important.  However, more often than not the fence is serving a purpose such as pet containment, child protection or pool security.  It is obvious that any one of these three carry extreme consequences that we shudder to even think about. My wife&#8217;s cousin a few years ago had a black lab that escaped her home made pen.  Now this dog did not bite anybody or get into anyones trash, in fact the dog is more likely to lick you to death than cause any mischief.  Either way a neighbor called animal control.  To make a long story short, they were fined for the dog being loose because they could not produce the papers on the spot proving the dog had it&#8217;s shots, even though the shots were all up to date.  This all could have been avoided at much less expense with a properly built gate and safety gate hardware.  Another situation involving child protection involves a child daycare center.  In a momentary lapse of supervision, a child was able to get out the back door of the facility and out a gate that was not secured properly. This resulted in a call to the authorities, the parents and much bad press.  Even worse is a child was in danger, all over a door and a gate that was not properly secured. BTW &#8211; the child was found a few minutes later be a passing motorist, do you feel the shudder? Last but certainly not least is the pool gate.</p>
<p>Pool gates get their own paragraph because this is a subject that is near and dear to my heart.  It pains my heart to have to recite the death statistics of young children that drown so I won&#8217;t do it here.  For that information check out the <a target="_blank" title="CPSC - downloads a PDF file" href="http://www.cpsc.gov/cpscpub/pubs/pool.pdf">Consumer Product Safety Commission</a> (this link downloads a PDF file) website or <a target="_blank" title="SafeKids.org" href="http://www.usa.safekids.org/NSKW.cfm">SafeKids.org</a> .  A proper fence with a self-closing and self-latching gate should be a priority for pool owners.  Not only is it the law, it is just the right thing to do.</p>
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		<slash:comments>3</slash:comments>
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		<item>
		<title>Does my pool gate latch need to be mounted on the inside of the fence?</title>
		<link>http://blog.fencemax.com/fence-laws-regulations/does-my-pool-gate-latch-need-to-be-mounted-on-the-inside-of-the-fence</link>
		<comments>http://blog.fencemax.com/fence-laws-regulations/does-my-pool-gate-latch-need-to-be-mounted-on-the-inside-of-the-fence#comments</comments>
		<pubDate>Thu, 03 Jul 2008 13:28:05 +0000</pubDate>
		<dc:creator>jlighthall</dc:creator>
				<category><![CDATA[Fence Laws & Regulations]]></category>
		<category><![CDATA[consumer product safety commission]]></category>
		<category><![CDATA[self-latching device]]></category>

		<guid isPermaLink="false">http://blog.fencemax.com/?p=22</guid>
		<description><![CDATA[There are many misconceptions people have regarding pool gate safety laws. I did a blog post a while back dealing with the Americans with Disabilities Act (ADA) and the Pool &#38; Spa Safety Act, which resulted from architects asking whether we had a latch that satisfied both codes ( read the article for more information [...]]]></description>
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<p>There are many misconceptions people have regarding pool gate safety laws.  I did a blog post a while back dealing with the <a title="Americans with Disabilities Act vs Pool &amp; Spa Safety Act" href="http://blog.fencemax.com/fence-law/does-the-ada-conflict-with-the-pool-and-spa-act-of-2007/">Americans with Disabilities Act (ADA) and the Pool &amp; Spa Safety Act</a>, which resulted from architects asking whether we had a latch that satisfied both codes ( read the article for more information ). This post is going to deal with where the latch has to be installed, on the inside or the outside of the gate.</p>
<p>This usually comes up when someone calls on the phone inquiring about the Magna Latch.  They usually begin the conversation with, &#8220;Can the Magna Latch be installed on the inside of the fence?&#8221;  My first question is, &#8220;Why do you want to install the latch on the inside?&#8221;  They inevitably will say that the building inspector or their contractor told them that it was code.  It is true that there is a section of the code that allows for a latch on the inside of the fence, but it is not ideal.  The Consumer Product Safety Commision ( CPSC ) has published a booklet entitled &#8220;<a target="_blank" title="Safety Barrier Guidelines for Home Pools" href="https://www.cpsc.gov/cpscpub/pubs/pool.pdf" target="_blank">Safety Barrier Guidelines for Home Pools</a>&#8220;.  On page 4 it talks about installing a latch on the inside of the gate but when you do this the latch has to be 3 inches down from the top of the gate, on the pool side of the gate ( the gate still has to swing out away from the pool ) and there can not be an opening greater than 1/2 of an inch within 18 inches from the latch.  This is not easy to do when a fence is new, forget about 3-4 years down the road.  Not only that but the latch you normally end up using tends to &#8220;bounce&#8221;  when the gate closes and therefore does not latch reliably.  It is also my professional opinion that these latches are not safe because the striker bar is installed on the post and is a stationary object that protrudes out into the gate opening.  Every time you go in or out of your pool area that bar is going to get caught on your clothing or even worse possibly poke a child in the eye.</p>
<p><a target="_blank" title="This is an example of a latch that can be installed on the inside of a gate." href="http://store.fencemax.com/WGHNW1006-p-wood-hardware.html"><img src="http://store.fencemax.com/merchant2/graphics/00000002/WGHNW1006.jpg" alt="This is an example of a latch that can be mounted on the inside of a gate." width="500" height="330" /></a></p>
<p>You can avoid all of these potential problems by using a latch that is specifically designed to meet the pool code.  If we look closely again at page 4 of the CPSC&#8217;s booklet it says, &#8220;When the release mechanism of the self-latching device is less than 54 inches &#8230;&#8221;.  So if we keep the release mechanism above the 54 inch mark the latch can go on the outside of the gate.  This makes the Magna Latch <a target="_blank" title="Magna Latch Top Pull" href="http://store.fencemax.com/magna-latch-top-pull.html">Top Pull</a> or <a target="_blank" title="Magna Latch Vertical Pull" href="http://store.fencemax.com/magna-latch-vertical-pull.html">Vertical Pull</a> the ideal solution .</p>
<p>*Note &#8211; Installing a latch on the inside of the fence also makes it easier for children inside the fence to let other children inside the pool area.</p>
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		<title>The Virginia Graeme Baker Pool and Spa Safety Act of 2007</title>
		<link>http://blog.fencemax.com/fence-laws-regulations/the-virginia-graeme-baker-pool-and-spa-safety-act-of-2007</link>
		<comments>http://blog.fencemax.com/fence-laws-regulations/the-virginia-graeme-baker-pool-and-spa-safety-act-of-2007#comments</comments>
		<pubDate>Tue, 01 Apr 2008 22:00:04 +0000</pubDate>
		<dc:creator>jlighthall</dc:creator>
				<category><![CDATA[Fence Laws & Regulations]]></category>
		<category><![CDATA[baker]]></category>
		<category><![CDATA[barrier]]></category>
		<category><![CDATA[boca]]></category>
		<category><![CDATA[consumer product safety commission]]></category>
		<category><![CDATA[cpsc]]></category>
		<category><![CDATA[fence]]></category>
		<category><![CDATA[gate]]></category>
		<category><![CDATA[icc]]></category>
		<category><![CDATA[law]]></category>
		<category><![CDATA[magna latch]]></category>
		<category><![CDATA[pool]]></category>
		<category><![CDATA[president]]></category>
		<category><![CDATA[safety]]></category>
		<category><![CDATA[safety barrier guidelines for home pools]]></category>
		<category><![CDATA[self closing]]></category>
		<category><![CDATA[self latching]]></category>
		<category><![CDATA[spa]]></category>
		<category><![CDATA[tru close]]></category>

		<guid isPermaLink="false">http://blog.fencemax.com/?p=3</guid>
		<description><![CDATA[This act was signed into law by President Bush on December 19, 2007 and is named for the granddaughter of former Secretary of State James A. Baker, III . At the age of 7, Virginia drowned after being trapped underwater by the suction of a drain in a spa. I am writing this article to [...]]]></description>
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<p><img style="vertical-align: middle;" src="http://store.fencemax.com/merchant2/graphics/00000002/Child-at-gate1-longview-MLT.jpg" alt="child unsuccessfully reaching up to unlatch a Magna Latch Top Pull" width="400" height="138" /></p>
<p>This act was signed into law by President Bush on December 19, 2007 and is named for the granddaughter of former Secretary of State James A. Baker, III .  At the age of 7, Virginia drowned after being trapped underwater by the suction of a drain in a spa.  I am writing this article to share my professional opinion on how this law affects the fence and gate around your pool.</p>
<div><span><span style="text-decoration: underline;">What this means to home owners</span></span></div>
<div>This law basically strengthens the current suggestions made by the Consumer Product Safety Commission (CPSC).  Most areas of the US already use these suggestions which also seem to agree with recommendations made by the International Code Council for the most part (ICC which is formerly known as BOCA).  In the past the problem has been that each individual area will adopt their own set of requirements from the ICC and CPSC suggestions.  This makes it hard for individuals, contractors, manufacturers and building inspectors to effectively come up with a plan and set of products that will make the home owners pool or spa safe and compliant.  My hope is that this law will help &#8220;clear the waters&#8221;.  As far as the fence and gate goes, the law simply states that a barrier needs to be sufficient to &#8220;prevent small children from gaining unsupervised and unfettered access to the pool or spa.&#8221; (SEC. 1406.a.1.A.i)  In the end, the enforcement of this falls under the CPSC which will use their publications to form enforceable regulations.</div>
<p><br style="clear: both;" /></p>
<div>Here is how I read the CPSC publication, Safety Barrier Guidelines for Home Pools as it relates to a fence (as of 3/12/20008).  The top of the fence must be at least 48 inches above grade on the side away from the pool.  There can be no gap in the fence that a 4 inch diameter sphere can pass through (the openings on a chain link fence can not exceed 1-1/4 inches).  The horizontal members (we call them backers on wood and vinyl fencing) must be over 45 inches apart.  The gate must also meet the previously mentioned criteria and also be self closing, self latching and open away from the pool or spa.  The part of the latch you use to open the latch must be above 54 inches.</div>
<p><br style="clear: both;" /></p>
<div><span><span style="text-decoration: underline;">What this means to contractors</span></span></div>
<div>Your customers are going to be looking to you for advice and direction on how to meet these requirements.  If you have been reluctant to get on the whole &#8220;pool safety band wagon&#8221;, it&#8217;s time to jump on.  I have been telling customers for a number of years now that even if their local department of inspections doesn&#8217;t require these standards their insurance company does.  On a monthly basis we get calls from hotels, condos and other public pools that are having to get up to code or be shut down following an inspection by their insurance company.</div>
<p><br style="clear: both;" /></p>
<div>Now, all of the above information can be found in the Safety Barrier Guidelines for Home Pools by the CPSC,  I recommend you read it whether you are a homeowner or contractor because I did not mention things like pool alarms, special circumstances nor the need for adult supervision.  I have listed my fence recommendations below.  If you follow these recommendations you should exceed most pool code requirements.  I always recommend checking with your local department of inspections prior to starting any pool project.</div>
<p><br style="clear: both;" /></p>
<div><span><span style="text-decoration: underline;">Here is MY list of suggestions</span></span></div>
<div>
<ol>
<li>Nothing can take the place of proper adult supervision.</li>
<li>Try to stick to vinyl or ornamental aluminum fencing, it&#8217;s easier to meet the requirements and they hold up the best to pool chemicals.</li>
<li>Most manufacturers have special pool code styles, use them.  Don&#8217;t try to &#8220;buck the system&#8221;, I know it is the &#8220;American way&#8221; but resist the urge.</li>
<li>Stick to fences that are already 54 inches tall or taller.  By doing this you avoid the latch sticking up above the fence (which some customers don&#8217;t like).</li>
<li>Use fence styles that have vertical pickets with a spacing less than 1-3/4 inches.</li>
<li>Make sure the horizontal members are over 45 inches apart.</li>
<li>The gate must open away from the pool or spa.</li>
<li>Use the <a target="_blank" href="http://store.fencemax.com/magna-latch-top-pull.html?source=BloggerDotCom">Magna Latch Top Pull</a> to meet the self latching requirement.  Install the knob on top 54 inches above the bottom of the gate.  Inspectors in my area used to measure up 54 inches from the ground for compliance, now they measure from the bottom of the gate itself.</li>
<li>Use <a target="_blank" href="http://store.fencemax.com/tru-close-self-closing-hinge.html?source=BloggerDotCom">Tru Close Hinges</a> to meet the self closing requirement.  Adjust the tension on the hinges so that if you open the gate 12 inches it will still close (not slam).</li>
<li>Use a safety cap on your Tru Close hinges to keep children from using the bottom hinge to climb the fence or reach the latch.</li>
<li>If your pool barrier is on top of a deck don&#8217;t use the normal hand railing because they tend to be 36 or 42 inches tall.  Your railing may pass because the deck is sufficiently high enough to meet the pool code &#8230; but what about the gate?  I get calls all the time on this one.  What people end up doing is having a 4 foot high gate with shorter railing.  Not really the ideal look.  Start off using 4 foot high materials and  you will not have to worry about it.  Follow all the same requirements as the fencing does.</li>
</ol>
</div>
<p><br style="clear: both;" /></p>
<div><span><span style="text-decoration: underline;">Final thought</span></span></div>
<div>The fence tends to be the last step in the pool building process so it&#8217;s usually the place where consumers try to save money.  I encourage consumers to not be stingy on the pool barrier.  You will never be sorry you went above and beyond the basic requirements, you will be sorry if you fall short of them.  There are rarely any second chances with pool accidents.</div>
<p><br style="clear: both;" /></p>
<div><span style="text-decoration: underline;">Helpful Links</span></div>
<div>
<ul>
<li><a target="_blank" href="http://www.usa.safekids.org/">Safe Kids USA</a></li>
<li><a target="_blank" href="http://www.ndpa.org/home/index.htm">National Drowning Prevention Alliance</a></li>
<li><a target="_blank" href="http://www.house.gov/list/press/fl20_schultz/PoolSafetyLawPassage.html">Federal Pool Safety Legislation Passes Congress</a><br />
(video available)</li>
<li><a target="_blank" href="http://www.reuters.com/article/pressRelease/idUS214536+19-Dec-2007+PRN20071219">Reuters :: Virginia Graeme Baker Pool and Spa Safety Act</a></li>
<li><a target="_blank" href="http://thomas.loc.gov/">The Library of Congress</a><br />
(search for H.R.6.ENR look under Title XIV &#8211; Pool and Spa Safety)</li>
<li><a target="_blank" href="http://www.iccsafe.org/">International Code Council</a></li>
<li><a target="_blank" href="http://www.cpsc.gov/cpscpub/pubs/chdrown.html">CPSC Pool and Spa Safety Publications</a></li>
<li><a target="_blank" href="http://store.fencemax.com/FAQ-Pool-Gate-Safety-p-MISCELLANEOUS.html?source=BlogDotFenceMax">A Blueprint for Pool Gate Safety</a> &#8211; includes a nice checklist to aid in inspecting your pool enclosure.</li>
<li><a target="_blank" href="http://store.fencemax.com?source=BlogDotFenceMax">Gate Hardware by FenceMax.com</a><br />
A great place for purchasing and more information on pool safety gate hardware. (this is my shameless plug)</li>
<li><a title="Does the ADA conflict with the Pool &amp; Spa Safety Act of 2007?" href="http://blog.fencemax.com/?p=4">Does the ADA conflict with the Pool &amp; Spa Safety Act of 2007?</a></li>
</ul>
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<p>*Update 05/05/2009 &#8211; Just some added information.  This law also covers other aspect of pool safety including the pool drains which in some cases have trapped and injured/killed.  Here is a link to an article that somewhat deals with that subject:</p>
<p><a target="_blank" href="http://www.pe.com/localnews/inland/stories/PE_News_Local_S_filters04.431141c.html">Federal Pool Safety Law Can&#8217;t be Enforced without State Endorsement</a></p>
<p>*Update 10/01/2009 &#8211; VGB Enforcement has begun &#8211; The CPSC has started sending out letters warning public pool owners of impending fines and or imprisonment if they do not get their pools up to the new pool code.  See link below to view an actual letter:</p>
<p><a target="_blank" title="VGB Enforcement has Begun" href="http://aiconnect.ning.com/profiles/blogs/vgb-enforcementit-has-begun" target="_blank">VGB Enforcement has Begun</a></p>
<p>*Update 01/20/2011 &#8211; The ADA is trying to clarify their stand on accessibility around pools.  In their attempt to do this they have messed the whole thing up and would have been better off leaving it alone.  The old rule was the safety of children outweighed the accessibility issue so pool were exempt from the ADA.  The new rule states the latch can not be greater than 54 inches from the ground.  This does not seem like a problem until the building inspector comes out and measures 54 inches from the bottom of the gate which is normally 2 inches off the ground.  Now the two absolutely conflict.  So what do you do?  Until they get this sorted out, ask the building inspector and see what they say.  More than likely they are not even aware.</p>
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