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)
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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.
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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.
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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)
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RONALD C. PACKARD, Mayor