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HomeMy WebLinkAbout1996-12-10; City Council; 13956; ADOPTION OF ORDINANCE NO. NS-387 - ADOPTING STATE REGULATIONS FOR SWIMMING POOL ENCLOSURES. i - GI H I UP GAHLSHAU - AGkN BILL AB # s ADOPTING STATE REGULATIONS FOR MTG. A”QBfi TITLE: ADOPTION OF ORDINANCE NO. NS-387 - SWIMMING POOL ENCLOSURES DEPT. CLK DEPT. HD. d CITY ATTY - CITY MGR. - I I RECOMMENDED ACTION: Adopt Ordinance NO. NS-387, amending the Municipal Code to adopt state regulations regarding swimming pool enclosures.. ITEM EXPLANATION Ordinance No. NS-387 was introduced at the regular City Council meeting of December 3, 1996. The second reading allows Council to adopt the ordinance which would then become effective in thirty days. The City Clerk will have the ordinance published within fifteen days, if adopted. FISCAL IMPACT See Agenda Bill No, 13,941 on file with the City Clerk. EXHIBIT 1. Ordinance No. NS-387. 0 0 CE 9 EL. z 0 5 6 a z 3 0 0 .. 0 0 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 i ORDINANCE NO. NS-387 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. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION I: Whereas, the State recently signed into law Assembly Bill 3305, The Swimming Pool Safety Act. The law prescribes mandatory Statewide pool fencing requirements for all new pools constructed in California after January 1, 1998. The law alsc gives local jurisdictions the authority to adopt local ordinances by January 1 , 1997 that are at least as restrictive as the State Law. SECTION II: That Title 18, Chapter 18.28 of the Carlsbad Municipal Code is repealed and readopted to read as follows: "Chapter 18.28 Swimming Pool Enclosures and Use Sections: 18.28.01 0 18.28.020 18.28,030 18.28.040 18.28.050 18.28.060 18.28.070 18.-28.080 Definitions. Fence Requirements. Gates and Latches. Ingress and Egress Requirements. Fence Variances. Gunite. Indoor pools. Violations. 18.28.010 Definitions. A. "Swimming Pool or Pool" means any structure intended for recreational swimming or 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 non-portable wading pools. general public with or without charge, or for the use of the members and guests of a privat club. Public swimming pool does not include a swimming pool I.ocated on the grounds of a private single family home. the swimming pool and obstructs access to the swimming pool. cover that meets all of the performance standards of the American Society for Testing and Materials (ASTM), in compliance with standard F1346-91 or in the case of a hot tub or spa a safety cover that complies with ASTM - Emergency Performance Specification ASTM-ES B. "Public Swimming Pool" means a swimming pool operated for the use of th C. "Enclosure" means a fence, wall, or other barrier which completely surrounl 0. "Approved safety coverR means a manually or power operated safety pool 13-89. Q (0 (. 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 E. "Exit alarms" means devices that make audible, continuous alarm sounds when any door or window, that permits access from a residence to the pool area that is without any intervening enclosure, is left open or is left ajar. Exit alarms may he battery operated or may be connected to the electrical wiring of the building. . F. "Grade" means the underlying surface, such as earth or a walking surface. 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, caiities, or other physical characteristics that would serve as handholds or footholds that could enable i child below the age of five years to climb over. E. Chain link fencing shall be a minimum of 11 gauge. 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 equipped and maintained with at least one of the following safety features: 1. The pool shall be isolated from the home by an enclosure that meets the requirements of section 18.28.020; or 2. The pool shall be equipped with an approved safety cover; or 3. The residence shall be equipped with exit alarms on doors providing 4. All doors providing direct access from the home to the swimming poc direct access to the pool; or shall be equipped with a self-closing, self-IaTching device with a release mechanism placed no lower than 54 inches above the floor. installed as a condition of the pool permit prior to issuance of the pool permit. G. The approved plans shall state which of the above safety features are to be 18.28.030 Gates and Latches. A. Any access gates through the enclosure shall comply with the requirements of Section 18.28.020. the swimming pool. closing and self-latching devices. Such devices shall be placed no lower than 60 inches above grade. Latching hardware may be placed at a lower height if it is operable only from the inside of the enclosure. B. Any pedestrian access gate(s) through the enclosure shall open away from C. Every pedestrian access gate shall be equipped and maintained with self- D. Gates other than pedestrian access gates shall be equipped with lockable 1 hardware and shall remain locked at all times when not in use. i Ill /I/ 2, 0 0 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 , 18.28.040 Inclress and Egress Reauirements. Such fence, gate or other protective device as required by these sections shall be installed in such 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 area which is required for ingress or egress to any building o occupancy. ' 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 pool site and alternate safeguard or conditions of the site by which entry into said swimming pool 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 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 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 mad€ until the required enclosure is installed. 18.28.070 Indoor Pools. All swimming pools which are completely contained within the walls of a building shall comply with the enclosure safety requirements contained in Section 18.28.020(F). 18.28.080 Violations. Any person or corporation who violates any of the provisions o this chapter is guilty of an infraction except for the fourth or each additional violation of a provision within one year which all be a misdemeanor. Penalties for a violation of this chapter shall be as designated in Section 1.08.01 0 of this code," SECTION 111: RE-ENACTMENT AND CONTINUATION: Section I of this ordinance repe; Chapter 18.28 and Section II re-enacts it as Chapter 18.28. Such repeal shall not effect a1 punishment or penalty incurred before the repeal takes effect, nor any suit, prosecution proceeding pending at the time of the repeal for an offense committed under the ordinan repealed. It is the City Council's intention by such re-enactment that there be no break in 1 ' continuous operation of the old ordinance, and no abatement of the legal consequences of a ~ done under the old ordinance. 3. ” ‘C e m 1 2 3 4 5 6 7 8 9 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 in a newspaper of general circulation within the city within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 3rd day of December , 1996 and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the lot1 day of December , 1996, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Hall and Finnila NOES: None ’ ’ II lo I/ ABSENT: None 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 4.