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HomeMy WebLinkAbout1981-04-21; City Council; 6574; Revise Municipal Code 18.28 Swimming PoolsCITY OF CARLSBAD � AGENDA BILL NO. G S % Initial.: C. Attd. C DATE: AFRIL 21, 1981 �Atty. DEPARTMENT: BUILDING C. Mgr.li 2L— Subject: REVISION OF CHAPTER 18.28 OF MUNICIPAL CODE _RELATING TO SWTMMTNr POOLS Statement of the Matter The current city ordinance regarding swimming pools is not consistent with those of other jurisdictions in San Diego County. The Building department is suggesting revisions to Chapter 18.28 that will update and clarify the intent of swimming pool enclosures. Main changes or additions are as follows: 1. Redefine swimming pools and exclude spas less than 150 square feet from the fence requirements. 2. Increase fence height from 3'6" to 5 feet. (This height is typical of other juri;dictions). 3. Provide variance procedure to exclude pools that are surrounded by natural barriers from the fencing requirements. 4. Exempt supervised and indoor pools from the fencing requirements. Fiscal Impact Inspections on swimming pool enclosures are currently covered by the permit issued for the pool. Proposed ordinance does not require additional funds. There will be a minimal increase in cost to the owner for the additional 18 inches of fencing. Exhibits I. Current Chapter 18•.28 2. Proposed Ordinance # PO i Z Recommendation That the City Council title Ordinance No. _FQ �Z _ and direct staff to set the ordinance for public hearing. COUNCIL ACTICN: 4-21-81 Counvil directed the City Attorney to prepare documents approving the suggested revisions to Chapter 18.28, but excluding items no. 1 and.4, setforth above. 18.28.010--18.28.030 Chapter 18i28 Sections: 18.'28.010 Defined. 18.28.020 Enclosure requirements. 18.28.030 Latches required on gates or'doors. 18.28,010 Defined. "Swimming pool." means a container or structure designed for or used for swimming or.wadng by persons. (Ord. 8036 §1). 18.28.020 Enclosure requirements. Every person in possession of IancL within the city either as owner, pur- chaser, under contract, lessee, tenant or licensee, upon which is situated a swimming pool, shall at all times maintain on the lot or premises upon which such pool is located, and completely surrounding such pool, an enclosure not less than three feet six inches in height. (Ord. 8036 �2) . .18.28.030 Latches required on gates or doors. All gates or doors opening through such enclosures shall be equipped with a latching device, which devices shall be `located on the swimming pool side of such gate or door. and which is designed to keep such gate or door securely closed at all times when not in actual use. (Ord. 8036 §3). 313 (Carlsbad 1/15/72) I 0 III 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 io 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 1: 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: 18.28.010 Defined 18.28.020 Fence Requirements 18.28.030 Gates and Latches 18.28.040 Ingress and Egress Requirements 18.28.050 Fence Variances 18.28.060 Supervised Swimming Pools 18.28.070 Steel and Bonding Inspection 18.28.080 Indoor Pools 18.28.090 Violations 18.28.010 Defined. A Swimming Pool is any confined body of water exceed- ing two feet in depth and 150 square feet in area, 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. 18.28.020 Fenca Requirements. Every swimming pool shall be enclosed by a natural barrier, retaining wall, fence or other structure having a 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 lava. No swimming pool shall be installed in any court i., yard area which is required for ingress or egress to any building or occupancy. 9 1 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 18.28,050 Fence Variances, The owner of any swimming pool may request approval of a variance from the fencing requirements herein by submitting to the Building Official written application for the variance, setting forth a descrip- tioii 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 exists: (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 Supervised Swimming'Pools. A. EXCLUSIVE DUTY TO SUPERVISE. Swimming pools constructed, maintained or used on the premises of any hotel, motel, apartment house, private club or institution, where use of such pool is continuously supervised by an adult life- guard or managing employee assigned exclusively to such supervision, shall be exempt from the fencing requirements. B. FAILURE TO SUPERVISE. In the event that the owner of the premises of any hotel, motel, apartment house, private club or institution, fails to provide continuous supervision of a swimming pool as required in paragraph A, the swimming pool shall be enclosed as required by Section 18.28.020. 18.28.070 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 th, required enclosure is installed. 18.28.080 Indoor Pools. All swimming pools which are completely contained within7 the walls of a building shall be exempt from the provisions of the fencing requirements. 18.28.090 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 �lmisdemeanor. 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 IlCouncil held on the day of 1981. -2 - 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 PASSED AND ADOPTED at a regular meeting of said City Council held on the day of 1981 by the following vote, to wit: AYES: NOES: ABSENT: ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) -3- RONALD C. PACKARD, Mayor