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HomeMy WebLinkAbout1981-06-02; City Council; 8092; CMC 18.28 amends - Swimming pool enclosures & uset c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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. ///I/// c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2c 21 22 22 24 25 26 27 28 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. ///// ///// ///// -2 - 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 26 27 28 (SEAL) -3-