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HomeMy WebLinkAbout1990-07-10; City Council; 10712; AMENDMENT TO BUILDING CODES AND REGULATIONS, TITLE 18 OF THE CARLSBAD MUNICIPAL CODECIT OF CARLSBAD - AGENU BILL 2@ I I AB#.&?&z!! TITLE CITY A1 REGULATIONS. TITLE 18 OF THE MTG.?/lo/90 DEPT. t AMENDMENT TO BUILDING CODES AND I DEPT.L 1 CARLSBAD MUNICIPAL CODE IClTY M I I I RECOMMENDED ACTION: ~ ~ ~ ~ ~-~- Staff is recommending that the City Council INTRODUCE Ordinance No. 0s- id approving the amendment to Title 18, Building Codes and Regulations. ITEM EXPLANATION The Building Department is requesting that this amendment to Title 18, Section 18.28.020 of the Carlsbad Municipal Code be made to ensure that the openings in fencing around pools is adequate to prevent entrance into the pool area. An informal survey was conducted of other jurisdictions in Southern California, and and it was found that a majority of the jurisdictions required that a fence around a 0 m m 4 n e N 4. h 9,cu 54 rl urn 01 a z -4 0 dk u dW oa, uu ma 3 cdo kc 34 52 a, .d n url 9 8 *: 0 "a u 2z s WV 00 \\ am oe I\ rlhl hh .. z 0 F 0 U pool or spa have vertical slates with an opening no greater than four inches. (See Exhibit 2.) It has become apparent to the Building Department that Title 18 of the Carlsbad Municipal Code did not include this requirement. In order for the City of Carlsbad to be consistent with other jurisdictions, and as a preventitive measure, the Building Department is requesting that Title 18.28.020 of the Carlsbad Municipal Code be amended to read as follows: "18.28.020 Fence Requirements. Every swimming pool shall be enclosed by a natural barrier, retaining wall, fence or other structure having a minimum height of five feet with nu openings in thefence larger than four inches, 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." FISCAL IMPACTS There will be no fiscal impacts associated with this amendment. EXHIBITS I. Ordinance No. i? s - 1% I 2. Memo to the Community Development Director dated June 7, 1990 d 0 z 3 0 0 . ,* 1 2 3 4 5 0 0 ORDINANCE NO. NS-121 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSI CALIFORNIA, AMENDING TITLE 18 CHAPTER 18.28, SECTION 18.28.020, OF CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 18.28.02 CLARIFYTHE REQUIREMENTS FOR SWIMMING POOL ENCLOSURES AND 6 The City Council of the City of Carlsbad, California, does ordain as follows: 7 SECTION 1 : That Title 18, Chapter 18.28, of the Carlsbad Municipal Col a 9 10 11 12 amended by the amendment of Section 18.28.020 to read as follows: 18.28.020 Fence Requirements. Every swimming pool shall be enclosed natural barrier, retaining wall, fence or other structure having a minimum height of five with no openings in the fence larger than four inches, and constructed or installed E to obstruct access thereto by persons other than the owners or occupants o premises on which such swimming pool is located. 13 l5 and the City Clerk shall certify to the adoption of this ordinance and cause it tl 14 EFFECTIVE DATE: This ordinance shall be effective thirty days after its ador published at least once in the Carlsbad Journal within fifteen days after its adoptio 16 17 18 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Cc held on the 24th day of July , 1990, and thereafter 19 /I .... 20 )1 .... 21 22 23 24 .... .... I ".. 25 I .... 26 .... 27 28 .... -. It .. 0 m i .. .I II A 11 PASSED AND ADOPTED at a regular meeting of said City Council held c 2 - 7th day Of August 3 4 , 1990, by the following vote, to wit: AYES: Council Members Lewis, Kulchin and Mamaux 5 6 7 8 1 NOES: None ABSENT: Council Members Pettine an g ATTEST: 10 11 I ALed”4 12 13 14 15 16 17 18 19 I 20 21 (SEAL) 22 23 24 25 ! 26 1; 27 28 _. II I) * i June 7, 1990 TO: COMMUNITY DEVELOPMENT DIRECTOR FROM: Code Enforcement Officer RE: POOL ENCLOSURE ORDINANCES I have contacted several jurisdiction and surveyedthe requirements for pool fencing. Here is a breakdown of what information I was able to obtain: CITY OF SAN DIEGO: 5' high, vertical slates with an opening no greater than 4". COUNTY OF SAN DIEGO: 5' high, 5" openings and no ladder like access. COUNTY OF LOS ANGELES: 5' high, no opening greater than 4". COUNTY OF RIVERSIDE: 4' high, openings no greater than 4 1/2" (the clerk thought). CITY OF SANTA ANA: 5' high, openings no greater than 4". CITY OF ANAHEIM: 5/ high, not accessible to little children. ESCONDIDO: 5' high, vertical openings not addressed. OCEANSIDE: 5/ high, no openings greater than 4". I have requested copies of the ordinances from these jurisdictions for our reference. From what was read over the phone the one from Santa Ana was the best written and I am looking forward to a copy of it. I have calls into Palms Springs, Poway and Riverside (city) if you wish that information added to this let me know and I will add it if they return my calls. 2 MICHAEL A. HARRINGTON c: Tony Mata mah