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Home My WebLink About1981-05-19; City Council; 6574-1; Revise Municipal Code 18.28 Swimming PoolsCITY OF CARLSBAD -- AGENDA BILL NO.• 6574 SUPPLEMENT 1 Initial -ALP Dept.Hd. DATE: NIA Y i l g G l C. Atty. DEPARTMENT:_ BUILDING C. Mgr. Subject: REVISION OF CHAPTER 18.28 OF MUNICIPAL -CODE RELATING TO SWIMMING_E00lL Stateme.Lt 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. Increase fence height from 3`6" to 5 feet. (This height is typical of other jurisdictions). 2. Provide variance procedure to exclude pools that are surrounded by natural barriers from the fencing requirements.. The City Council on April 21, 1981, denied the exceptions for pools less than 150 square feet and supervised swimming pools. The attached ordi- nance has been revised accordingly. 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 1. Current Chapter 18.28 2. Proposed Ordinance,#8092 Recommendation If Council approves, introduce Ordinance No. 809' 5-19-81 Council introduced Ordinance No. 8092 APJ?ROV.ED M KII 1,8,28,010--18.28.030 Chapter 18.28 SWIMMING POOLS Sections: 18.28.010 Defined. 18.28.020 Enclosure requirements. 18.28.030 Latches required on gates or doers. 18.28.010 Defined. "Swimming pool" means a container or structure designed for or used for swimming or wading by persons. (Ord. 8036 S1). 18.28.020 Enclosure requirements. Every person in possession of land 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 S2) 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 device 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 S3)• 313 (Carlsbad 1/15/72) 3 a I 1 ORDINANCE NO. 8092 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 'OF CARLSBAD, CALIFORNIA, AMENDING TITLE 18 BY 3 THE AMENDMENT OF CHAPTER 18.28 TO REGULATE SWIMMING POOL ENCLOSURES -AND USE. 4 5 The City Council of the City of Carlsbad, California, hereby ordains as 6 follows: 7 SECTION 1: 'That -Title 18 of the Carlsbad Municipal Code is amended by the 8 amendment of Chapter 18.28 to read as follows: J Chapter 18.28 10 SWIMMING POOL ENCLOSURES AND USE 11 Sections: 12 18.28.010 Defined 18.28.020 Fence Requirements 13 18.28:030 Gates and Latches 18.28.040 Ingress and Egress Requirements ' 14 18.28.050 Fence Variances 18.28.060 ' Supervised Swimming Pools 15 18.28.070 Steel and Bonding Inspection 18.28.080 Indoor Pools 16 18.28.090 Violations 17 18.28.010 Defined. A Swimming Pool is any confined body of water exceed- ing two feet in depth, located either above or below the existing finished grade 18 of the site, designed, used or intended to be used for swimming, bathing or 19 therapeutic purposes. 18.28.020 Fence Requirements. Every swimming pool shall be enclosed by a 20natural 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 21 persons other than the owners or occupants of the premises on which such swimming 22 pool is located. 18.28.030 Gates and Latches. All gates must be self -closing and self- 2 3 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 heigh£' Z S if operable only from the inside -of the enclosure. 25 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 26 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 27 area which is required for ingress or egress to any building or occupancy. 28 //// t__ 1 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 2 Building Official written application for the variance, setting forth a descrip- tion of the pool site and alternate safeguard or conditions of the site by which 3 entry into said swimming pool is restricted or prevented. The Building Official may approve such alternate safeguard or obstruction if the Building Official in 4 his discretion determines that the following exists: (a) Physical conditions of the site make the erection of a fence or wall 5 impractical or unnece-sary to protect the public health and safety, or, 6 (b) The proposed limitation of access or conditions of control would accomplish the same protections of the public health and safety as 7 the fencing requirements. 8 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 9 steel and banding will not be made until the required enclosure is installed. 10 18.28.080 Indoor Pools. All swimming pools which are completely contained within the walls of a building shall be exempt from the provisions of the fenc- 11 ing requirements. 12 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 173 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 14 in Sectior+ 1.08.010 of ::his code. 15 EFFEC1VE DATE: This ordinance shall be effective thirty days after 16 its adoption, and the City Clerk shall certify to the adoption of this 17 ordinance and cause it to be published at least once in the Carlsbad Journal 18 within fifteen days after its adoption. 19 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City 20 Council held on the 19th day of N1ay 1981. 23. 22 23 24 25 26 27 28 -2- r- 3 2 4 R f 7 E c It V lot 1' a 3,1 • lc 1E l� V 2( 21 2� 2: 24 2F . 2F 27 2E PASSED AND ADOPTED at a -regular meeting of the City Council held on the 2nd day of. June , 1981 by the following vote, tre ,jit: AYES: Council Members Packard, Anear, Kulchin NOES: None i ABSENT: Name %� �/ ABSTAIN:, Cou:�cil'.�teuiber Lewis �� C G a-c.- .'� RONALD C. PACKARD, Mayor ATTEST: ALETNA L. RAUTENKRANZ, City Clerk (SEAL) -3-