The intent of this law is to follow the "Swimming Pool Safety
Act" set forth in Health and Safety Code Section 115920 et seq., except
as this chapter imposes more restrictive requirements.
(Ord. 1438 § 1, 2009)
Those definitions set forth in the Act shall apply except that
the definition of "swimming pool" shall be amended as follows: "pool"
also includes decorative ponds over eighteen inches deep, including,
but not limited to, koi ponds and water features.
(Ord. 1438 § 1, 2009)
Whenever this chapter requires additional measures for a new
pool when the pool is "remodeled," it means a remodel that reconfigures
the shape of the pool or adds new plumbing features such as a spa
or fountain. Replastering or retiling an existing pool to restore
the pool to the same basic configuration shall not trigger the new
pool/remodeled pool requirements of this chapter.
(Ord. 1438 § 1, 2009)
This section shall apply to all pools. Every person in possession
of land within the city, either as owner, purchaser, under contract,
lessee, tenant, or licensee, upon which is situated a swimming pool,
shall at all times maintain on the lot or premises, a fence or other
solid and substantially built structure not less than five feet in
height with no openings therein (other than doors or gates) or projections
on the exterior surface which, in the opinion of the administrative
authority, would serve as a hand or foot hold to facilitate climbing
of such fence or structure. A wrought iron fence, if of straight,
vertical bars, not over four inches apart and with no horizontal intermediate
bars which, in the opinion of said administrative authority, would
defeat the purpose and intent of this chapter and "chain link" fences,
if openings do not exceed two inches square, would meet the requirements
of this chapter. All gates and doors opening through such enclosure
shall be kept securely closed at all times when not in actual use
and shall be equipped with self-closing and self-latching devices
designed to keep and capable of keeping such door or gate securely
closed at all times when not in actual use. Such latch and device
must be not less than fifty-six inches above ground for pools built
prior to 1998 and sixty inches for pools built in 1998 or after, provided,
however, that the door of any dwelling occupied by human beings and
forming any part of the enclosure hereinabove required, need not be
so closed or so equipped.
(Ord. 1438 § 1, 2009)
Any violation of this chapter by failure to install or maintain a safety feature as described herein shall be a misdemeanor and shall be punished as provided in Section
1.16.010 of this code.
(Ord. 1438 § 1, 2009)