Whenever a construction permit is issued for construction of
a new swimming pool or spa at a private single-family home it shall
be equipped with the following safety features as provided in this
Chapter:
(a)
The pool shall be isolated from access from other properties; and
(Ord. 747 § 4, 2022)
For the purpose of this Chapter, certain terms, words, and phrases
are defined as follows:
See definition of swimming pool.
A barrier is a fence, wall, building wall, safety cover complying
with American Society for Testing Materials (ASTM) Standard F 1346-91
or a combination thereof, which completely surrounds the swimming
pool and obstructs access to the swimming pool, spa or hot tub. When
approved by the Building Official, barriers may also incorporate natural
or manmade features, such as topography, waterways, restricted areas
and similar features including geographically isolated areas which
provide an effective access barrier to the pool area.
Grade is the underlying surface, such as earth or a walking
surface.
See definition of spa.
See definition of swimming pool.
A separation fence is a barrier which separates all doors
of a dwelling unit or building accessory thereto with direct access
to a swimming pool, spa, or hot tub from that swimming pool, spa or
hot tub.
A spa is a structure intended for recreational bathing, designed
to contain water over eighteen (18) inches (457 mm) deep and outside
dimensions not exceeding one hundred sixty (160) square feet (14.72
square meters).
A swimming pool is any structure intended for swimming or
recreational bathing that is designed to contain water over eighteen
(18) inches (457 mm) deep. This includes in-ground, above-ground,
and on-ground swimming pools and fixed-in-place wading pools, and
excludes spas.
An outdoor swimming pool is any swimming pool which is totally
outside the residential structure.
(Ord. 747 § 4, 2022)
(a)
Outdoor Swimming Pool. An outdoor swimming pool, hot tub, or spa
shall be provided with a barrier inspected and approved prior to plastering
or filling with water.
Outdoor swimming pool with electrically operated or manual tracking
safety covers that comply with the ASTM Standard F 1346-91 shall not
be required to provide other barriers. When electrically operated
safety covers are provided, the control for the pool cover shall be
mounted at least fifty-four (54) inches above grade.
When barriers are required, the barrier shall comply with the
following:
(1)
The top of the barrier shall be at least sixty (60) inches (1,524
mm) above grade measured on the side of the barrier which faces away
from the swimming pool. The maximum vertical clearance between grade
and the bottom of the barrier shall be two (2) inches (51 mm) measured
on the side of the barrier which faces away from the swimming pool.
The maximum vertical clearance at the bottom of the barrier may be
increased to four (4) inches (102 mm) when grade is a solid surface
impenetrable by a child such as a concrete deck. Where the barrier
is mounted on top of the above-ground pool structure the maximum vertical
clearance between the top of the pool structure and the bottom of
the barrier shall be four (4) inches. When barriers have horizontal
members, the tops of which are spaced less than forty-five (45) inches
(1,143 mm) apart: (i) the horizontal members shall be placed on the
pool side of the barrier; and (ii) spacing between vertical members
shall not exceed one and one-quarter (1 1/4) inches in width. Any
decorative design work on the side away from the swimming pool, such
as protrusions, indentations or cutouts, which render the barrier
easily climbable, is prohibited. Chain link fences shall not be used
as the barrier.
Exceptions:
(i)
For fencing composed of vertical and horizontal members, the spacing
between vertical members may be increased up to four (4) inches (102
mm) when the distance between the tops of horizontal members is forty-five
(45) inches (1,143 mm) or more.
(ii)
Existing fences surrounding property at pool area, which are
at least sixty (60) inches above grade, measured on the side of the
barrier which faces away from the swimming pool, has a maximum vertical
clearance between grade and the bottom of the barrier of two (2) inches
and has no openings that will allow the passage of a four (4) inch
diameter sphere are permitted.
(2)
Access gates shall be equipped to accommodate a locking device. Separation
fence gates shall open outward away from the pool and shall be self-closing
and have a self-latching device. Where the release mechanism of the
self-latching devices is located less than fifty-four (54) inches
(1,372 mm) from grade: (i) the release mechanism shall be located
on the pool side of the barrier at least three (3) inches (76 mm)
below the top of the gate; and (ii) the gate and barrier shall have
no opening greater than one-half (1/2) inch (13 mm) within eighteen
(18) inches (457 mm) of the release mechanism. Any gates other than
pedestrian access gates shall be equipped with lockable hardware or
padlocks and shall remain locked at all times when not in use.
(3)
Where a wall of a dwelling or buildings accessory to the dwelling
serves as part of the barrier, and contains door openings providing
direct access to the pool, those door openings shall be protected
by one of the following means:
(i)
A self-closing and self-latching device installed on all doors with
the release mechanism located a minimum of fifty-four (54) inches
(1,372 mm) above the floor.
(ii)
An alarm capable of providing a sound pressure level of not
less than eighty-five (85) dba when measured indoors at a distance
of ten (10) feet (3,048 mm). The alarm shall activate within fifteen
(15) seconds after the door, and its screen if present, are opened
and shall sound continuously for a minimum of ten (10) seconds than
automatically reset. The alarm shall be equipped with a manual reset,
such as a touchpad or switch, located on the interior side of the
wall not less than fifty-four (54) inches above the threshold of the
door to permit entry and exiting without activation of the alarm.
The alarm shall automatically reset under all conditions. The alarm
may be battery operated or connected to the building wiring.
(iii)
An approved safety cover complying with American Society for
Testing Materials (ASTM) Standard F 1346-91.
(iv)
Other means of protection may be acceptable so long as the degree
of protection afforded is equal to or greater than that afforded by
any of the devices described above. The Building Official shall render
interpretations as to acceptability of other means of protection per
Section 104.2.8 of the California Building Code.
(4)
Where an above-ground structure is used as a barrier or where the
barrier is mounted on top of the pool structure, and the means of
access is a ladder or steps, then: (i) the ladder or steps shall be
capable of being secured, locked or removed to prevent access; or
(ii) the ladder or steps shall be surrounded by a barrier which meets
the requirements of Items 1 through 4 of subsection (a). When the
ladder or steps are secured, locked or removed, any opening created
shall be protected by a barrier complying with subsections (a)(1)
through (a)(3)
(Ord. 747 § 4, 2022)
