HomeMy WebLinkAbout1981-06-02; City Council; 8092; CMC 18.28 amends - Swimming pool enclosures & uset c
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28 I
ORDINANCE NO. 8092
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING TITLE 18 BY
THE AMENDMENT OF CHAPTER 18.28 TO REGULATE
SWIMMING POOL ENCLOSURES AND USE.
The City Council of the City of Carlsbad, California, hereby
ordains as follows:
SECTION I: That Title 18 of the Carlsbad Municipal Code is
amended by the amendment of Chapter 18.28 to read as follows:
Chapter 18.28
SWIMMING POOL ENCLOSURES AND USE
Sections:
18.28.0 10
18.28.020
18.28.030
18.28.040
18.28.050
18.28.060
18.28.070
18.28.080
Defined
Fence Requirements
Gates and Latches
Ingress and Egress Requirements
Fence Variances
Steel and Bonding Inspection - Gunite
Indoor Pools
Vi ol at i on s
18.28.010 Defined. A Swimming Pool is any confined body of
water exceeding two feet in depth, located either above or below
the existing finished grade of the site, designed, used or
intended to be used for swimming, bathing or therapeutic
purposes.
78.28.020 Fence Requirements. Every swimming pool shall be
enclosed by a natural barrier, retaining wall, fence or other
structure having minimum height of five feet, and constructed or
installed so as to obstruct access thereto by persons other than
the owners or occupants of the premises on which such swimming
pool is located.
18.28.030 Gates and Latches. All gates must be self-closing
and self-latching with latches placed at least four feet above
the underlying ground in order to be securely closed; however,
the latch may be placed at a lesser height if operable only from
the inside of the enclosure.
18.28.040 Ingress and Egress Requirements. Such fence, gate
or other protective device as required by these sections shall
be installed in such a manner as to comply with the fire exit
requirements as contained in this code and the state law. No
swimming pool shall be installed in any court or yard area which
is required for ingress or egress to any building or occupancy.
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18.20.050 Fence Variances. The owner of any swimming pool
may request approvl of a variance from the fencing requirements
herein by submitting to the Building Official written
application for the variance, setting forth a description of the
pool site and alternate safeguard or conditions of the site by
which entry into said swimming pool is restricted or prevented.
The Building Official may approve such alternate safeguard or
obstruction if the Building Official in his discretion
determines that the following exits:
(a) Physical conditions of the site make the erection of a
fence or wall impractical or unnecessary to protect the
public health and safety, or,
(b) The proposed limitation of access or conditions of
control would accomplish the same protections of the
public health and safety as the fencing requirements.
18.28.060 Gunite. Guniting of any swimming pool or spa
shall not be permitted until all fencing, gates and latches are
installed. Inspection of steel and bonding will not be made
until the required enclosure is installed.
18.28.070 Indoor Pools. All swimming pools which are
completely contained within the walls of a building shall be
exempt from the provisions of the fencing requirements.
18.28.080 Violations. Any person or corporation who
violates any of the provisions of this chapter is guilty of an
infraction except for the fourth or each additional violation of
a provision within one year which shall be a misdemeanor.
Penalties for a violation of this chapter shall be as designated
in Section 1.08.010 of this code.
EFFECTIVE DATE: This ordinance shall be effective thirty
days after its adoption, and the City Clerk shall certify to the
adoption of this ordinance and cause it to be published at least
once in the Carlsbad Journal within fifteen days after its
adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 19th of May , 1981.
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PASSED AND ADOPTED at a regular meeting of the City Council 1
2 held on the 2nd day of June , 1981 by the
following vote, to wit:
AYES: Council Members Packard, Anear, Kulchin
NOES: None
ABSENT: Councilmember Casler
ABSTAIN: Councilmember Lewis
''.R&ALD C. PACKARD, Maior
ATTEST:
A
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(SEAL)
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