[1]
Prior code history: Sections 7.4, 7.5, 7.6, 7.7, 7.8, 7.9 and 7.10.
As used in this chapter, the following terms have the following meanings:
"Aboveground/On-Ground Pool"
means swimming pool.
"Approved Safety Pool Cover"
means a manually or power operated safety pool cover that meets all of the performance standards of the American Society for Testing and Materials (ASTM), in compliance with Standard F 1346-91.
"Barrier"
means enclosure.
"Enclosure"
means a fence, wall or other barrier that isolates a swimming pool from access to the home. When approved by the building official, barriers may also incorporate natural or manmade features, such as topography, waterways, restricted areas and similar features including, but not limited to, geographically isolated areas and guarded-gated communities which provide an effective access barrier to the pool area.
"Exit Alarms"
means devices that make audible, continuous alarm sounds when any door or window that permits access from the residence to the pool area, that is without any intervening enclosure, is opened or is left ajar. Exit alarms may be battery operated or may be connected to the electrical wiring of the building.
"Grade"
means the underlying surface, such as earth or a walking surface.
"Hot Tub"
means spa, nonself-contained or spa, self-contained.
"In-Ground Pool"
means swimming pool.
"Portable Swimming Pool"
means a non-permanent above-ground and on-ground structure intended for swimming or for recreational bathing, in which water-circulating equipment is non-permanent and an electrical cord plugs into an approved exterior electrical receptacle. A portable swimming pool is designed to be disassembled and easily removed without need of demolition.
"Public Swimming Pool"
means a swimming pool operated for the use of the general public with or without charge, or for the use of the members and guests of a private club. Public swimming pool does not include a swimming pool located on the grounds of a private single-family home.
"Separation Fence"
means a barrier that separates all doors of a dwelling unit with direct access to a swimming pool from the swimming pool.
"Spa, Nonself-Contained"
means a hydro massage pool or tub for recreational or therapeutic use, not located in health-care facilities, designed for immersion of users and usually having a filter, heater and motor-driven blower. It may be installed indoors or outdoors, on the ground or on a supporting structure, or in the ground or in a supporting structure. A nonself-contained spa is intended for recreational bathing and contains water over 18 inches (457 mm) deep.
"Spa, Self-Contained"
means a continuous-duty appliance in which all control, water-heating and water-circulating equipment is an integral part of the product, located entirely under the spa skirt and which electric equipment is cord connected (not permanently electrically wired) to an approved exterior electrical receptacle. A self-contained spa is intended for recreational bathing and contains water over 18 inches (457 mm) deep.
"Swimming Pool"
means any structure intended for swimming or recreational bathing that contains water over 18 inches (457 mm) deep. This includes in-ground, aboveground and on-ground swimming pools, and fixed-in-place wading pools.
"Swimming Pool, Indoor"
means a swimming pool that is totally contained within a residential structure and surrounded on all four sides by walls of said structure.
"Swimming Pool, Outdoor"
means any swimming pool that is not an indoor pool.
(79-19; 02-05)
A. 
No person, firm or corporation shall erect, construct or enlarge any pool, spa, or hot tub in the City, or cause the same to be done, without first obtaining a swimming pool, spa or hot tub permit from the building official; provided, however, that no such permits are required for the installation of a portable pool which is entirely above ground, and which involves neither plumbing nor electrical wiring or self-contained spa or hut tub.
B. 
The City Council shall, by resolution, determine, fix and establish fees to be paid prior to the issuance of such permits, and for any grading inspection and re-inspection required in connection with construction with the construction or alteration of a pool or spa. Any fences, walls or wooden decks built in connection with a swimming pool may require separate building permits. Concrete decks surrounding a pool or spa may be authorized in the pool or spa permit itself.
(79-19; 02-05)
A. 
Application for a swimming pool or spa permit shall be made on the forms provided by the City, and shall include two copies of the engineer's pool plans, prepared by a licensed structural engineer and containing a "wet signature" with his or her state approved stamp. A plot plan showing lot lines, adjoining structures, existing overhead electrical wires or such other information as is necessary to determine compliance with this Code and other applicable law shall also be provided.
B. 
The City Engineer may require a special inspection before and after construction of grading on the parcel on which the pool is to be located if the City Engineer determines that the construction may affect approved cross-lot drainage or that other special circumstances affecting grading and drainage exist. Detailed grading plans may be required in such cases. In addition, a grading permit and bond may be required.
(79-19; 02-05)
Whenever a swimming pool or spa permit is issued for private single-family residence or Group R, Division 3 Occupancy where a wall of the residence serves as part of the enclosure and contains door openings between the residence and the pool that provide direct access to the pool, it shall be equipped with at least one of the following safety features:
A. 
The residence shall be isolated from access to the pool by an enclosure that meets the requirements of Section 15.36.030.
B. 
The residence shall be equipped with exit alarms on those doors providing direct access to the pool. The alarm shall sound continuously for a minimum of 30 seconds within seven seconds after the door and its screen, if present, are opened, and be capable of providing a sound pressure level of not less than 85 dBA when measured indoors at 10 feet (3048 mm). The alarm shall automatically reset under all conditions. The alarm system shall be equipped with a manual means, such as a touch pad or switch, to temporarily deactivate the alarm for a single opening. Such deactivation switch shall last no longer than 15 seconds. The deactivation switch shall be located at least 54 inches (1372 mm) above the threshold of the door.
C. 
All doors providing direct access from the residence to the swimming pool shall be equipped with self-closing, self-latching device with a release mechanism no lower than 54 inches (1372 mm) above the floor.
D. 
Other means of protection may be acceptable so long as the degree of protection afforded is not less than that afforded by any devices described above.
(02-05)
Whenever a swimming pool or spa permit is issued for private single-family residence or Group R, Division 3 Occupancy, an enclosure shall meet the following requirements:
A. 
A fence or wall surrounding property at pool area, which is at least 60 inches (1524 mm) above grade, measured on the side of the enclosure that faces away from the swimming pool. Where there are two or more adjacent properties that all have a pool, then the enclosure height may be reduced to 48 inches (1219 mm).
B. 
A maximum vertical clearance between the grade and the bottom of the enclosure of two inches (51 mm). A maximum vertical clearance at the bottom of the enclosure may be increased to four inches (102 mm) when grade is a solid surface such as concrete deck or when the enclosure is mounted on the top of the aboveground pool structure.
C. 
Openings in the enclosure shall not allow the passage of a 1¾-inch diameter (44.5 mm) sphere.
Exceptions:
1. 
When vertical spacing between such openings is 45 inches (1143 mm) or more, the opening size may be increased such that passage of a four-inch-diameter (102 mm) sphere is not allowed.
2. 
For fencing composed of vertical and horizontal members, the spacing between vertical members may be increased up to four inches (102 mm) when the distance between the tops of the horizontal members is 45 inches (1143 mm) or more.
D. 
Chain link fences used as the enclosure shall not be less than 11 gauge.
E. 
Access gates shall comply with the requirements of sections A through D. Pedestrian access gates shall be self-closing and have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches (1372 mm) from the bottom of the gate, (1) the release mechanism shall be located on the pool side of the enclosure at least three inches (76 mm) below the top of the gate; and (2) the gate and enclosure shall not have no opening greater than one-half inch (12.7 mm) within 18 inches (457 mm) of the release mechanism. Pedestrian gates shall swing away from the pool. Any gates other than pedestrian access gates shall be equipped with lockable hardware or padlocks and shall remain locked at all times not in use.
F. 
Any decorative design work on the side away from the swimming pool, such as protrusions, indentations or cutouts, which render the enclosure easily climbable, is prohibited. All gates or doors opening through an enclosure shall be kept securely closed at all times when not in actual use.
G. 
Doors within garages and carports opening through an enclosure shall be equipped with a self-closing, self-latching device with a release mechanism placed no lower than 54 inches (1372 mm) above the floor and open away from the swimming pool.
H. 
Driveway gates are prohibited through an enclosure except for driveway gates that are equipped with an approved automatic opening and closing device that is approved by the Building Official. The property owner shall submit a written request for an exception to the Building Official and also provide the City with a hold-harmless agreement to be filed with the City Clerk.
I. 
Where an aboveground 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 (1) the ladder or steps shall be capable of being secured, locked or removed to prevent access; or (2) the ladder or steps shall be surrounded by a barrier that meets the requirements of Sections 15.36.025 through 15.36.030. When the ladder or steps are secured, locked or removed, any opening created shall be protected by a barrier complying with Sections 15.36.025 through 15.36.030.
J. 
For indoor swimming pool, protection shall comply with the requirements of Sections 15.36.025 through 15.36.030.
K. 
A self-contained spa or hot tub equipped with a listed safety cover shall be exempt from the requirements of Sections 15.36.025 and 15.36.030.
(02-05)
In the Very High Fire Hazard Severity Zone as designated in Section 15.04.040 when deemed necessary by the chief of the fire department all new swimming pools constructed or installed having a capacity of 5,000 gallons or more shall have a minimum four-inch diameter drain and discharge line connected to a draft hydrant, the type, location and installation of which shall be approved by the chief of the fire department. Materials used for the discharge line shall be as approved in the City Plumbing Code, for potable water systems, except copper shall not be used.
Exception:
Swimming pools constructed or installed with the bottom of the pool more than 15 feet below the proposed draft hydrant connection elevation, measured vertically, need not be provided with a draft hydrant system.
To identify the pool draft system, a street marker shall be installed on the roadway or an appropriate sign (as designed by the fire department) indicating the location of the swimming pool shall be posted on the pool safety fence and/or at the draft hydrant location.
(02-05)
A. 
The minimum distance between any property line and a pool water line shall be five feet. In addition, pools shall be at least five feet from any structure. Pools shall not be located within twelve feet of over-head electrical wires, and diving boards shall not be located within 16 feet of electrical wires, unless these wires are safety cable. Pool equipment shall be at least three feet from the interior and rear property lines when equipment is closer than 20 feet to adjoining dwelling unit, or when yard fence is of combustible material.
B. 
Plot plans filed as required by Section 15.36.020 of this Code shall show any portions of the parcel, which have been filled, and any slopes within 25 feet of the proposed pool and/or deck. Where fill or slopes are present in the vicinity of the pool, a soils report by a qualified professional shall be provided unless the City Engineer waives the requirement. The report shall include the geologist or engineer's certification that the proposed construction will not jeopardize the integrity of the existing topography or adjoining structures under the circumstances to be anticipated in the area.
(79-19; 02-05)
The building official or his or her agent, upon notification from the permit holder or his or her agent, shall make the following inspections to ascertain that the following requirements have been met, and that other applicable laws have been obeyed:
A. 
Excavation Inspection. The site shall be inspected to determine that the excavation and grading is as set forth in the plan on file with the City, and in the case of pools that are to be gunited, that reinforcing steel and circulation water lines are in place and bonded with at minimum number 8 AWG copper wire. All circulation water lines must be in place and similarly bonded. Copper piping must be provided with ten feet downstream of heaters. Any PVC (schedule 40 only) must be at least 18 inches below grade on a bed of select material. DWV copper is not permitted for pressure piping. Any pool light must use conduit to a junction box.
B. 
Pre-Back Filling Inspection. After gunite has cured for at least seven days, or a pool of fiber glass or other material has been installed, plumbing and wiring shall be inspected for compliance with this Code, including the following plumbing standards:
1. 
When permitted by the Los Angles County Sanitation District and the City of Claremont Engineering Division each pool shall have a drain line connected to a three-inch minimum P-trap to a sewer or separation tank.
2. 
Gas lines shall be in place and subjected to a pressure test of 15 pounds per square inch for metal pipes and 60 pounds per square inch for Polyethylene (PE) pipe.
3. 
Any PE gas lines shall be buried at least 18 inches or more below grade, and shall use transition steel (plastic coating) piping to grade.
4. 
All PE gas pipe shall have a number 18 AWG copper tracer wire installed with the pipe and terminate above grade at each end. Ferrous gas piping protected from corrosion by approved coating shall be acceptable if at least 12 inches below grade, and if all joints and damaged coating are primed and wrapped with approved materials.
C. 
Electrical Inspection. Electrical wiring shall be inspected for compliance with the code in the following special requirements:
1. 
A ground-fault circuit interrupter shall be required for all pool lights, and there shall be an unbroken ground conductor not smaller than number 12 AWG copper wire from the main service panel to any pool light junction box.
2. 
Pools and spas other than gunite pools, which are properly grounded through their reinforcing steel, shall be grounded with an eight-foot copper-weld ground rod or 10 feet of buried copper water pipe.
3. 
Number 8 AWG copper bonding conductor shall be required for all pool equipment other than a pool light.
4. 
Rigid conduit is acceptable at least twelve inches below grade.
5. 
A 30-inch clear space shall be provided in front of all time clocks and sub panels.
D. 
Concrete Deck Inspection. If the permit includes authorization to install a concrete deck, the project will be inspected before the concrete deck is poured to confirm compliance with the following special standards:
1. 
Forms in place must be eight inches wide with 12-inch-deep footing into natural or compacted grade.
2. 
Concrete decking, if any, adjacent to a pool must be at least four feet wide around the entire circumference of a pool.
3. 
A spa adjacent to any concrete deck shall have a deck at least three feet wide around its entire circumference, but footings may be omitted.
4. 
Concrete shall be at least four inches thick, and metal clamps approved for direct burial shall be installed for all slides, diving supports, grab rails and other metal surfaces within five feet of the pool's water edge.
E. 
Pre-plaster (Gunite) Inspection. Before a gunited pool is plastered or any other type of pool is filled, the property shall be inspected to determine that fencing as required by code has been installed, that the yard area is properly graded with drainage established to the street or an approved drainage course, and that all the debris has been disposed of. Electrical equipment shall be inspected for proper connection and drainage, and all metal surfaces within five feet of pool's water edge shall be checked for proper bonding with a two-cell flashlight continuity tester. Before authorization of utility connections, the City shall determine that any damage to public property in connection with the construction has been repaired or compensated.
F. 
Final Inspection. A final inspection shall be made to review all requirements, and where a concrete deck has been installed, to determine that the joint between deck and pool has been caulked with an approved sealer.
(79-19; 02-05)
Every person in possession of land within the City, either as owner, purchaser under contract, lessee, tenant or licensee, upon which is a situated reservoir, pit, excavation or similar open area (except a temporary excavation during the process of a construction) shall at all times maintain on the lot or premises, an enclosure of such open area. The enclosure shall have a minimum height of no less than six feet. The material and design of the enclosure shall be subject to the approval of the Director of Community Development. The enclosure shall have no openings (other than doors or gates) larger than six inches square. All gates or doors opening through such enclosure shall be kept securely closed at all times when not in actual use, and shall be equipped with either a self-closing and self-latching device designed to keep and capable of keeping such door or gate securely closed at all times when not in actual use.
(12-01)
No person, whether as principal, agent, employee or otherwise, shall violate, cause the violation of, or otherwise fail to comply with any of the requirements of this chapter. Unless a different penalty is prescribed for violating a specific provision of this chapter, every act prohibited or declared unlawful, and every failure to perform an act made mandatory, shall be a misdemeanor or an infraction, at the discretion of the City Attorney or the district attorney. In addition to the penalties provided in this chapter, any condition caused or permitted to exist in violation of any of the provisions of this chapter is hereby declared a public nuisance, and may be abated by any procedures authorized by law. The expense of such abatement proceedings may, by resolution of the City Council, be declared to be a lien against the property on which such nuisance is maintained, and such lien shall be made the personal obligation of the property owner, unless the City chooses another design method of recovering abatement.
(02-05)
A. 
Misdemeanor Penalty. Every violation of this chapter which is prosecuted as a misdemeanor shall be punishable by a fine of not more than $1,000, or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment.
B. 
Infraction Penalty. Every violation of this chapter which is prosecuted as an infraction shall be punishable by a fine not exceeding $100 for the first offense, a fine not exceeding $200 for the second offense of the same provision within one year, and a fine not exceeding $500 for each additional offense of the same provision within one year.
As used in this section, the term "year" means any consecutive twelve-month period.
As used in this section, the term "offense" includes any violation of the chapter which is cited or charged and which does not result in:
1. 
Acquittal;
2. 
A finding of "not guilty";
3. 
A dismissal of charges by the City or the court.
(02-05)
Each person shall be deemed guilty of a separate crime for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person, firm or corporation and shall be punishable accordingly.
(02-05)