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HomeMy WebLinkAbout1996-12-10; City Council; NS-387; CMC 18.28 amends - Swimming pool enclosures & use per state regs..._< 0 0 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 ORDINANCE NO. NS-387 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 18 BY THE AMENDMENT OF CHAPTER 18.28, TO ADOPT STATE REGULATIONS REGARDING SWIMMING POOL ENCLOSURES The City Council of the City of Carlsbad, California, does ordain as follows: SECTION I: Whereas, the State recently signed into law Assembly Bill 3305, Thc Swimming Pool Safety Act. The law prescribes mandatory Statewide pool fencing requirements for all new pools constructed in California after January 1, 1998. The la gives local jurisdictions the authority to adopt local ordinances by January 1, 1997 th; at least as restrictive as the State Law. SECTION 11: That Title 18, Chapter 18.28 of the Carlsbad Municipal Code is repe' and readopted to read as follows: "Chapter 18.28 Swimming Pool Enclosures and Use Sections: 18.28.01 0 18.28.020 18.28.030 18.28.040 18.28.050 18.28.060 18.28.070 18:28.080 Definitions. Fence Requirements. Gates and Latches. Ingress and Egress Requirements. Fence Variances. Gunite. Indoor pools. Violations. 18.28.010 Definitions. A. "Swimming Pool or Pool'' means any structure intended for recreationa swimming or bathing that contains water over 18 inches deep. "Swimming pool" incll in-ground and above-ground structures and includes, but is not limited to, hot tubs, Spi portable spas, and non-portable wading pools. general public with or without charge, or for the use of the members and guests of a F club. Public swimming pool does not include a swimming pool located on the grounds private single family home. the swimming pool and obstructs access to the swimming pool. cover that meets all of the performance standards of the American Society for Testing Materials (ASTM), in compliance with standard F1346-91 or in the case of a hot tub 01 a safety cover that complies with ASTM - Emergency Performance Specification ASTb B. "Public Swimming Pool" means a swimming pool operated for the use C. "Enclosure" means a fence, wall, or other barrier which completely sur] D. "Approved safety cover" means a manually or power operated safety F 13-89. 0 0 1' E. "Exit alarms" means devices that make audible, continuous alarm sour when any door or window, that permits access from a residence to the pool area that 2 without any intervening enclosure, is left open or is left ajar. Exit alarms may be batte operated or may be connected to the electrical wiring of the building. 3l F. "Grade" means the underlying surface, such as earth or a walking surf. 41 5 6 7 8 9 10 11 i l2 I l4 I l3 I 15 16 17 18 18.28.020 Fence Requirements. A. Every swimming pool, other than public swimming pools, shall be enclc by an enclosure having a minimum height of five feet (60 inches). The enclosure shall obstruct access thereto by persons other than the occupant of the premises on which pool is located. B. Openings, gaps, or voids in the enclosure shall not allow the passage c sphere equal to or greater than four (4) inches. C. The maximum vertical clearance from grade to the bottom of the encla shall not exceed two (2) inches. The vertical clearance from grade to the bottom of th enclosure may be four (4) inches when the grade under the enclosure is solid concrete. D. The outside surface of the enclosure shall be free of protrusions, cavitil other physical characteristics that would serve as handholds or footholds that could en child below the age of five years to climb over. E. Chain link fencing shall be a minimum of 11 gauge. F. When a wall of a dwelling unit serves as part of the enclosure and coni door openings providing direct access to the pool, the dwelling unit and/or the pool shz equipped and maintained with at least one of the following safety features: 1. The pool shall be isolated from the home by an enclosure that TT the requirements of section 18.28.020; or 2. The pool shall be equipped with an approved safety cover; or 3. The residence shall be equipped with exit alarms on doors provic direct access to the pool; or 4. All doors providing direct access from the home to the swimmin shall be equipped with a self-closing, self-latching device with a release mechanism plat no lower than 54 inches above the floor. G. The approved plans shall state which of the above safety features are t installed as a condition of the pool permit prior to issuance of the pool permit. 19 20 21 22 23 24 25 26 27 28 i 18.28.030 Gates and Latches. A. Any access gates through the enclosure shall comply with the requirem of Section 18.28.020. 6. Any pedestrian access gate(s) through the enclosure shall open away fr the swimming pool. C. Every pedestrian access gate shall be equipped and maintained with sel closing and self-latching devices. Such devices shall be placed no lower than 60 inche: above grade. Latching hardware may be placed at a lower height if it is operable only f the inside of the enclosure. D. Gates other than pedestrian access gates shall be equipped with lockak hardware and shall remain locked at all times when not in use. /I/ //I 2. * e 1 18.28.040 lnqress and Eqress Reauirements. Such fence, gate or other protectij device as required by these sections shall be installed in such manner as to comply wi. 2 fire exit requirements as contained in this code and the state law. No swimming pool be installed in any court or yard area which is required for ingress or egress to any bui 3 occupancy. 4 5 6 7 8 9 10 11 12 18.28.050 Pool Fence Variances. The owner of any swimming pool may request approval of a variance from the fencing requirements herein by submitting to the Princ Building Inspector written application for the variance, setting forth a description of thc site and alternate safeguard or conditions of the site by which entry into said swimmir is restricted or prevented. The Principal Building Inspector may approve such alternate safeguard or obstruction if the Principal Building Inspector in his discretion determines the following exists: impractical or unnecessary to protect the public health and safety; or the same protections of the public health and safety as the fencing requirements. A. Physical conditions of the site make the erection of a fence or wall B. The proposed limitation of access or conditions of control would accon 18.28.060 Gunite. Guniting of any swimming pool or spa shall not be permitted all fencing, gates and latches are installed. Inspection of steel and bonding will not be until the required enclosure is installed. 13 18.28.070 Indoor Pools. All swimming pools which are completely contained wir 14 15 the walls of a building shall comply with the enclosure safety requirements contained i, 18.28.080 Violations. Any person or corporation who violates any of the provisic 16 this chapter is guilty of an infraction except for the fourth or each additional violation o 17 chapter shall be as designated in Section 1.08.01 0 of this code." 18 SECTION Ill: RE-ENACTMENT AND CONTINUATION: Section I of this ordinance Section 18.28.020(F). provision within one year which all be a misdemeanor. Penalties for a violation of this ,I9 II Chapter 18.28 and Section II re-enacts it as Chapter 18.28. Such repeal shall not efft 2o 11 punishment or penalty incurred before the repeal takes effect, nor any suit, prosecut 21 22 23 24 25 26 27 28 proceeding pending at the time of the repeal for an offense committed under the ord repealed. It is the City Council's intention by such re-enactment that there be no break continuous operation of the old ordinance, and no abatement of the legal consequences done under the old ordinance. 3. 1 - 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I I' i I I ' * a EFFECTIVE DATE: This ordinance shall be effective thirty days after its adopl and the City Clerk shall certify to the adoption of this ordinance and cause it to be put in a newspaper of general circulation within the city within fifteen days after its adopti INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Col held on the 3rd day of December , 1996 and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the day of December , 1996, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Hall and Finnila NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, City Clerk I (SEAL) I 4. !