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HomeMy WebLinkAbout1996-12-03; City Council; 13941; CONSIDERATION OF ORDINANCE MODIFYING CHAPTER 18.28 OF THE CARLSBAD MUNICIPAL CODE ENTITLED "SWIMMING POOL ENCLOSURES AND USE"c B 0 wu a: CITY OF CAR BAD - AGENDA BILL AB# 13,9 q I TITLE; CONSIDERATION OF ORDINANCE MODIFYINGCHAPTER 18.28 OF THE CARLSBAD MTG. 1% L 3 -96 DEPT. CA ENCLOSURES AND USE” MUNICIPAL CODE ENTITLED “SWIMMING POOL I DEPT. HD. ICITYATTY. @ I CITY MGR- .I:: * I I I b co 0 VI I z g 8 $ c a *I4 0 L4 a ar Y a 0 u L4 d *rl d *rl $ u 0 S 0 .- .cI 3 6 - .- 0 c 3 RECOMMENDED ACTION: That the City Council INTRODUCE Ordinance No. NS- 3 83 modifying Title 18.; the Carlsbad Municipal Code. ITEM EXPLANATION: The Governor’signed Assembly Bill 3305 (1996 Stats, Chapter 925) on September 25, establishing, among other things, “The Swimming Poot Safety Act” (the Act) by adding se 11 5920 to the Health and Safety Code. That Act prescribes mandatory statewide pool fer requirements for all new swimming pools constructed in California after January 1 , 1998. Act also gives local jurisdictions the authority to adopt local ordinances on or before Janua 1997 that are at least as restrictive as the Act. Local ordinances adopted prior to Janua 1997 are presumed to afford protection that is equal to or greater than the Act. The Act also imposes new pool fencing requirements statewide even in those jurisdictions do not currently require pools to be fenced. Since 1981, Carlsbad had required yards swimming pools to have five foot fences and self-closing gates. The Act will also now re1 new swimming pools to have at least one of four new safety features whenever a constru permit is issued for construction of a new swimming pool at a private, single-family home. These additional requirements are: 1. The pool area must be isolated from direct access to the home by additional 2. The pool must be equipped with an approved pool safety cover; or 3. The residence must have exit alarms on the doors providing direct access to the 4. All doors leading from the pool area directly into the residence must be equipped fencing; or area; or self-closing, self-latching devices. The proposed modifications to the municipal code are identical to the requirements of the E The new definitions proposed in the ordinance are the same as those found in the Act. Thr still an opportunity for a swimming pool fence variance and it is recommended that the aut1 to grant such a variance be changed from the Community Development Director to the Prir Building Inspector. His decision can be appealed. The municipal code section referri indoor pools has also be modified to also add the additional swimming pool safety requirer e 0 Agenda Bill # 13 ! q Y 1 Page 2 for these kinds of swimming pools found in the Act. Indoor pools and spas were previc exempt from any fencing regulations. Public swimming pools are exempt from the City ordin: because they are regulated by the County Department of Environmental Health. FISCAL IMPACT: Staff is proposing no new fees for applicants for pool permits. There will be a minor additi impact on staff for implementation of these regulations. EXHIBITS: I. Ordinance No. /\I 5 - 3 8 ? 2. Swimming Pool Safety Act (Art.2.5) 0 0 6 1 !I ORDINANCE NO. . NS-387 2 11 3 11 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. 41 The City Council of the City of Carlsbad, California, does ordain as follows: i 51 SECTION I: Whereas, the State recently signed into law Assembly Bill 3305, The 1 6 gives local jurisdictions the authority to adopt local ordinances by January 1, 1997 that are 8 requirements for all new pools constructed in California after January 1, 1998. The law ais 7 Swimming Pool Safety Act. The law prescribes mandatory Statewide pool fencing 9 lI at least as restrictive as the State Law. 1, I 10 SECTION II That Title 11 is amended by the addition of a new chapter 11 .I6 Permits fol .I1 I Work or Encroachments in Public Places, to read as follows: 12 "Chapter 18.28 I 13 1 Swimming Pool Enclosures and Use 14 1 Sections: l5 I/ 18.28.010 Definitions. 16 11 1 19 1/ ji ' 18.28.080 Violation< 18.28.020 Fence Requirements. 18.28.030 Gates and Latches. 1 8.28.040 Ingress and Egress Requirements. 18.28.050 Fence Variances. 18.28.070 Indoor pools. il 17 11 l8 /I /I /I 'I 18.28.060 Gunite. 20 j! 18.28.01 0 Definitions. A. "Swimming Pool or Pool" means any structure intended for recreational 21 I! swimming or bathing that contains water over 18 inches deep. "Swimming pool" include: 22 11 portable spas, and non-portable wading pools. 23 ' general public with or without charge, or for the use of the members and guests of a privz 11 club. Public swimming pool does not include a swimming pool located on the grounds of 24 11 private single family home. 25 11 the swimming pool and obstructs access to the swimming pool. 26 I, cover that meets all of the performance standards of the American Society for Testing an 27 11 Materials (ASTM), in compliance with standard F1346-91 or in the case of a hot tub or s[ 11 a safety cover that complies with ASTM - Emergency Performance Specification ASTM-E !I in-ground and above-ground structures and includes, but is not limited to, hot tubs, spas, il B. "Public Swimming Pool" means a swimming pool operated for the use of t I1 C. "Enclosure" means a fence, wall, or other barrier which completely surrou D. "Approved safety cover" means a manually or power operated safety poo il 28 ji 13-89. 0 0 E. "Exit alarms" means devices that make audible, continuous alarm sounds ' 2 1 when any door or window, that permits access from a residence to the pool area that is 31 without any intervening enclosure, is left open or is left ajar. Exit alarms may be battery operated or may be connected to the electrical wiring of the building. j F. "Grade" means the underlying surface, such as earth or a walking surface. I1 4 51 I1 !I 6 1. 7 11 *I !I 9 10 j 18.28.020 Fence Reauirements. A. Every swimming pool, other than public swimming pools, shall be enclosed 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 the pool is located. B. Openings, gaps, or voids in the enclosure shall not allow the passage of a sphere equal to or greater than four (4) inches. C. The maximum vertical clearance from grade to the bottom of the enclosure shall not exceed two (2) inches. The vertical clearance from grade to the bottom of the 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, cavities, o other physical characteristics that would serve as handholds or footholds that could enable child below the age of five years to climb over. 11 E. Chain link fencing shall be a minimum of 11 gauge. l2 I F. When a wall of a dwelling unit serves as part of the enclosure and contains door openings providing direct access to the pool, the dwelling unit and/or the pool shall be 1. The pool shall be isolated from the home by an enclosure that meet: 2. The pool shall be equipped with an approved safety cover; or 13 14 shall be equipped with a self-closing, self-latching device with a release mechanism placed i 4. All doors providing direct access from the home to the swimming pc direct access to the pool; or 1 3. The residence shall be equipped with exit alarms on doors providing 15 the requirements of section 18.28.020; or equipped and maintained with at least one of the following safety features: l6 i 17 18 jj installed as a condition of the pool permit prior to issuance of the pool permit. no lower than 54 inches above the floor. I, G. The approved plans shall state which of the above safety features are to b 19 1 18.28.030 Gates and Latches. A. Any access gates through the enclosure shall comply with the requiremeni *O l of Section 18.28.020. 21 1 22 1 the swimming pool. closing and self-latching devices. Such devices shall be placed no lower than 60 inches 1 B. Any pedestrian access gate(s) through the enclosure shall open away from I C. Every pedestrian access gate shall be equipped and maintained with self- 23 i above grade. Latching hardware may be placed at a lower height if it is operable only fror the inside of the enclosure. 24 25 hardware and shall remain locked at all times when not in use. D. Gates other than pedestrian access gates shall be equipped with lockable 26 ,j 1 /I/ ii I// 27 /; 11 28 !\ 2. 0 0 ll 18.28.040 Ingress and Earess Reauirements. Such fence, gate or other protective device as required by these sections shall be installed in such manner as to comply with the ~ be installed in any court or yard area which is required for ingress or egress to any building 1 2 , occupancy. 3 ' fire exit requirements as contained in this code and the state law, No swimming pool shall /I 4 5 6 7 8 9 10 II i ! I 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 Principal Building Inspector written application for the variance, setting forth a description of the poo site and alternate safeguard or conditions of the site by which entry into said swimming poc is restricted or prevented. The Principal Building Inspector may approve such alternate safeguard or obstruction if the Principal, Building Inspector in his discretion determines that 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 accomplisk 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. l1 1 18.28.060 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 mac I 2 ~ until the required enclosure is installed. l3 l5 I I 18.28.070 Indoor Pools. All swimming pools which are completely contained within i the walls of a building shall comply with the enclosure safety requirements contained in l4 ' Section 18.28.020(F). 18.28.080 Violations. Any person or corporation who violates any of the provisions 1 16 1 il 18 I! 1 chapter shall be as designated in Section 1.08.010 of this code." 17 1 this chapter is guilty of an infraction except for the fourth or each additional violation of a SECTION Ill: RE-ENACTMENT AND CONTINUATION: Section I of this ordinance repc Chapter 18.28 and Section I1 reenacts it as Chapter 18.28. Such repeal shall not effect ( 2o 1' punishment or penalty incurred before the repeal takes effect, nor any suit, prosecution 21 i/ proceeding pending at the time of the repeal for an offense committed under the ordina provision within one year which all be a misdemeanor. Penalties for a violation of this l9 1 !! i 22 /I jl repealed. It is the City Council's intention by such re-enactment that there be no break in 23 I1 I continuous operation of the old ordinance, and no abatement of the legal consequences of 24 'I I! I/ done under the old ordinance. 25 /I 26 !l 27 /I 'I 11 28 11 (I 3. r 0 a II EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, 2 1 in a newspaper of general circulation within the city within fifteen days after its adoption. 3 1 and the City Clerk shall certify to the adoption of this ordinance and cause it to be publishec INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council n the 3rd day of December , 1996 and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 3 day of December , 1996, by the following vote, to wit: 8i lo /I 9 ‘I AYES: Council Members Lewis, Nygaard, Kulchin, Hall and Finnila NOES: None ABSENT: None 11 1 12 l3 I l4 I WWEq. LMtS,Mf6r - l5 ~ 16 I ATTEST: ~ It /I 17 !i 18 11 /I // ALETHA L. RAUTENKRANZ, City Clerk 1 19 ‘1 II 20 11 (SEAL) 1; 21 11 22 iI 24 ! I 23 I 25 j I 26 I/ I/ I 27 I/ I! /I 28 !I 4. 0 0 Ch. 925 - 14 - (b) This section shall become operative on July 1,1997. SEC. 3. Section 18942 of the Health and Safetv Code is amended to read: 18942. (a) The commission shall publish, or cause to be published, editions of the code in its entirety once in every three years. In each intervening year the commission shall publish, or cause to be published, supplements as necessary. For emergency building standards defined in subdivision (a) of Section 18913, an-ernergency building standards supplement shall be published- whenever the commission determines it is necessary. The commission shall also publish, for emergency standards defined in subdivision (b) of Section 18913 and for building standards or administrative regulations that apply directly to the implementation ’ or enforcement of building standards approved pursuant to subdivision (b) of Section i42.3 of the Labor Code;a semiannual supplement, or a more frequent supplement if required by federal law. (b) The commission shall publish the text of Article 2.5 (commencing with Section 115920) of Chapter 5 of Part 10 of Division 104, within the California Code of Regulations, Title 24, Part 2 requirements for single-family residential occupancies, with the following note: - “NOTE: These regulations are subject to locd government modification. You should verify the applicable local government requirements at the time of application for a building permit.” (c) The commission may publish, stockpile, and sell at a reasonable price the code and any materials incorporated therein by reference if it deems the latter is insufficiently available to the public, or unavailable at a reasonable price. Each state department concerned and each city, county, or city and county.shai1 have an up-to-date copy of the code available for public inspection. (d) (1) Each city, county, and city and county, including charter cities, shall obtain and maintain with all revisions on a current basis, at least one copy of the building standards and other state regulations relating to buildings published in Titles 8, 19, 20, 24, and 25 of the California Code of Regulations. These codes shall be maintained in the office of the building official responsible for the administration and enforcement of this part. (2) This subdivision shall not apply to any city or county which contracts for the administration and enforcement of the provisions with this section. 9 .-. Article 2.5 (commencing with Section 115920 is added to Chapter 5 of Part 10 of Division 104 of the Health and Safety Code, to read: of this part with another local government agency which complies 90 e 0 - ltive on July 1, 1997. and Safety Code is amended publish, or cause to be entirety once in every three mission shall publish, or cause ;ary. For emergency building Section 18913, an emergency be published whenever the J. The commission shall also :fined in subdivision (b) of tandards or administrative I the implementation or roved pursuant to subdivision a semiannual supplement, or !d by federal law. n the text of Article 2.3 3f Chapter 5 of Part 10 of : of Regulations, Title 24, Part entia1 occupancies, with the ject to local government plicable local government ion for a building permit.” . stockpile, and sell at a !rials incorporated therein by :iently available-to the public, :e. Each state department itv and county shall have an )r public inspection. nd county, including charter I revisions on a current basis, 3s and other state regulations ‘s -8, 19, 20, 24, and 25 of the codes shall be maintained in nsible for the administration to any city or county which Iforcement of the provisions lent agency which complies .I 115920 is added to Chapter :h and Safety Code, to read: - 15 - Ch. 925 Article 2.3. The Swimming Pool Safety Act 115920. This act shall be known and may be cited as the Swimming Pool Safety Act. 115921. As used in this article the following terms have the following meanings: (a) “Swimming pool” or “pool” means any structure intended for swimming or recreational bathing that contains water over 18 inches deep. “Swimming pool” includes in-ground and above-ground structures and includes, but is not limited to, hot tubs,spas, portable spas, and nonportable wading pools. (b) “Public swimming pool” means a swimming pool.operated for the use of the general public with or without charge, or for the use of the members and guests of a private club. Public swimming pool does not include a swimming pool located on the grounds of a private - single-family home. (c) “Enclosure” means a fence, wall, or other barrier that isolates a swimming pool from access to the home. (d) “Approved safety pool cover” means a manually or power-operated safety pool cover that meets all of the performance standards of the American Society for Testing and Materials (ASTM) , . (e) “Exit alarms” means devices that make audible, continuous alarm sounds when any door or window, that permits access from the residence to the pool area that is without any intervening enclosure, is opened or is left ajar. Exit alarms may be battery operated or may be connected to the electrical wiring of the building. 115922. Commencing January 1, 1998, except as provided in Section 115925, whenever a construction permit is issued for construction of a new swimming pool at a private, single-family home it shall be equipped with at least one of the following safety features: (a) The pool shall be isolated from access to a home by an enclosure that meets the requirements of Section 115923. (b) The pool shall be equipped with an approved safety pool cover. (c) The residence shall be equipped with exit alarms on those doors providing direct access to the pool. (d) All doors providing direct access from the home to the swimming pool shall be equipped with a self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor. (e) Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the devices set forth in subdivisions (a) to (d), inclusive, as determined by the building official of the jurisdiction issuing the applicable building permit. Any ordinance governing child access to pools adopted by a political subdivision on or before January 1, 1997, is presumed to in compliance with standard F1346.91. 90 ,o rO Qa ’ ’. 90 e 0 Ch. 923 - 16- afford protection that is equal to or greater than that afforded by any of the devices set forth in subdivisions (a) to (d) , inclusive. 113923. An enclosure shall have all of the following characteristics: (a) Any access gates through the enclosure open away from the swimming pool, and are self-closing with a self-latching device placed no lower than 60 inches above the ground: (b) A minimum height of 60 inches. (c) A maximum vertical clearance from the ground to the bottom id) Gaps or voids, if any, do not allow passage of a sphere equal to (e\ An outside surface free of protrusions, cavities, or other - of the enclosure of two inches. or greater than four inches in diameter. phvsical characteristics that would serve. as handholds or footholds that could enable a child below the age of five years to climb over. 113924. Any person entering into an agreement to build a swimming pool shall give the consumer notice of the requirements of this article. 113925. The requirements of this article shall not apply to any of the following: (a) Public swimming pools. jb) Hot tubs or spas with locking safety covers that comply with the American Society for Testing Materials-Emergency Performance Specification (ASTM-ES 13-89). (c) Any pool within the jurisdiction of any political subdivision that adopts an. ordinance for swimming pool safety that includes requirements that are at least as stringent as this article. (,d) An apartment complex, or any residential setting other than a single-family home. 113926. This article does not apply to any facility regulated by the State Department of Social Services even if the facility is also used as the private residence of the operator. Pool safety in those facilities shall be regulated pursuant to regulations adopted therefor by the State Department of Social Services. 113927. Notwithstanding any other provision of law, this article shall not be subject to further modification or interpretation by any regulatory agency of the state, this authority being reserved exclusively to local jurisdictions, as provided for in subdivision (e) of Section 113922 and subdivision (c) of Section 115924. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XI11 B of the California Constitution because a " . local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17536 of the Government Code. Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the provisions of this act shall become operative 90 than that afforded by any to (d) , inclusive. all of the following sure open away from the elf-latching device placed .. the ground to the bottom ssage of a sphere equal to sions, cavities, or other s handholds or footholds five years to climb over. . agreement to build a Itice of the requirements : shall not apply to any of covers that comply with Emergency Performance any political subdivision ,001 safety that includes 3s this article. entia1 setting other than ; facility regulated by the the facility is also used as ~ safety in those facilities adopted therefor bv the vision of law, this article or interpretation by any thority being reserved i for in subdivision (e) of 3n 1.15924. by this act pursuant to 2 Constitution because a ~thority to levy service . for the program or level neaning of Section 17556 tvernment Code. unless t shall become operative 90 0 0 - 17 - Ch. 923 on the same date that the act takes effect pursuant to the California Constitution. 0 rO P .. . 0 X)