In this chapter:
means the same as "swimming pool" defined in
this section.
means a fence, wall, building wall or a combination thereof,
which completely surrounds the swimming pool and obstructs access
to the swimming pool.
means the underlying surface such as earth or a walking surface.
means the same as "swimming pool" defined in
this section.
means the designated representative of the San Diego County
Department of Environmental Health.
has the same meaning as that term is defined in Article 5, Chapter 5, Part 10, Division 104 of the Health and Safety Code.
means the same as "swimming pool" defined in
this section.
means any structure intended for swimming or recreational
bathing that contains water over 24 inches deep. This includes in-ground,
above-ground and on-ground swimming pools, hot tubs and spas.
means a swimming pool which is totally contained within a
residential structure and surrounded on all four sides by walls of
said structure.
means any swimming pool which is not an indoor pool.
(Ord. 564 § 3, 2019)
Any person wanting the review and approval of plans and specifications for a public swimming pool must submit plans to the Director, accompanied by a fee set forth in a resolution adopted by City Council to cover the cost of the review for compliance with the requirements for public swimming pools in Article 5, Chapter 5, Part 10, Division 104 of the Health and Safety Code and with the applicable provisions of Chapter 20, Division 4, Title 22 of the California Code of Regulations. In the event that the plans and specifications do not comply with these requirements, amended plans and specifications may be submitted to the Director together with the fee for each such re-review set forth in the fee schedule adopted by resolution of the City Council.
(Ord. 564 § 3, 2019)
No person may maintain or operate any pool, except a private pool, unless an annual operating permit is issued by the health officer. A pool is considered a private pool if it is maintained by an individual for the use of family and friends and for swimming instruction programs of short duration which are conducted by or sponsored by the American Red Cross. An annual operating permit issued by the health officer is required for operation of any public pool including, but not limited to, all commercial pools, real estate and community pools, pools at hotels, motels, resorts, auto and trailer parks, auto courts, apartment houses, clubs, public or private schools and gymnasia, and health establishments. Every person applying for a permit required by this section must, at the time of applying for such permit, pay an annual inspection fee for the first pool under one ownership and on the same property and a fee for each additional pool on the same property and under the same ownership in the amount set forth in the fee schedule adopted by the City Council. The annual operating permit is effective for a 12-month period from the date of issuance. The required permit must be applied for and issued as prescribed in Title 4.
(Ord. 564 § 3, 2019)
A permit is not transferable from one person or one place to
another, and is deemed voided if removed from the place or location
specified in the written application and in the permit.
(Ord. 564 § 3, 2019)
The City adopts the following as the City swimming pool, spa
and hot tub fencing regulations for the purpose of regulating the
construction, alteration, moving, demolition, repair and use of all
swimming pool, spa and hot tub fencing:
A.
Outdoor
Swimming Pool. An outdoor swimming pool, including an in-ground, above-ground
or on-ground pool, hot tub or spa must be provided with a barrier
complying with the following:
1.
The
top of the barrier must be at least 60 inches above grade measured
on the side of the barrier which faces away from the swimming pool
and must be constructed to withstand the forces outlined in the Uniform
Building Code. The maximum vertical clearance between grade and the
bottom of the barrier must be four inches measured to a hard surface,
such as concrete, or two inches to earth. This measurement must be
taken on the side of the barrier which faces away from the swimming
pool. Where the top of the pool structure is above grade, such as
an above-ground pool, the barrier may be at ground level, such as
the pool structure, or mounted on top of the pool structure. Where
the barrier is mounted on top of the pool structure, the maximum vertical
clearance between the top of the pool structure and bottom of the
barrier must be four inches.
2.
Openings
in the barrier must not allow passage of a four-inch diameter sphere.
3.
Solid
barriers that do not have openings, such as masonry or stone walls,
must not contain indentations or protrusions, except for tooled masonry
joints.
4.
Where
the barrier is composed of horizontal and vertical members and the
distance between the tops of the horizontal members is less than 45
inches, the horizontal members must be located on the swimming pool
side of the barrier. Spacing between vertical members must not exceed
two inches in width. Where there are decorative cutouts within vertical
members, spacing within the cutouts must not exceed two inches in
width.
5.
Where
the barrier is composed of horizontal and vertical members and the
distance between the tops of the horizontal members is 45 inches or
more, spacing between vertical members must not exceed four inches.
Where there are decorative cutouts within vertical members, spacing
within the cutouts must not exceed two inches in width.
6.
Maximum
mesh size for chain link fences is a two-inch square. The wire must
not be less than 11-1/2 gauge.
7.
Where
the barrier is composed of diagonal members, such as a lattice fence,
the maximum opening formed by the diagonal members must be no more
than two inches square.
8.
Access gates must comply with the requirements of subsections (A)(1) through (7) and must be equipped to accommodate a locking device no less than 54 inches above grade. Pedestrian-access gates must open outward away from the pool, be self-closing, and have a self-latching device. Gates other than pedestrian-access gates must comply with the requirements of subsections (A)(1) through (7) and must be equipped with a locking device.
9.
Where an above-ground pool 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: (a) the ladder or steps must be capable of being secured, locked or removed to prevent access; or (b) the ladder or steps must be surrounded with a barrier which meets the requirements of subsections (A)(1) through (8). When the ladder or steps are secured, locked or removed, any opening created must not allow the passage of a four-inch diameter sphere.
10.
Hot tubs and spas located outdoors and not exceeding 64 square feet
may have rigid pool covers equipped with a permanent locking and latching
device in lieu of the barrier required by this section.
(Ord. 564 § 3, 2019)
