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HomeMy WebLinkAboutOrd. No. 1987-802ORDINANCE NO. 802 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE 1985 EDITION OF THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, REPEALING IN ITS ENTIRETY CHAPTER 15.36 OF, AND ADDING CHAPTER 15.36 TO, THE "LAKE ELSINORE MUNICIPAL CODE" RELATING TO THE SWIMMING POOL, SPA AND HOT TUB CODE THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. CHAPTER 15.36 of the "Lake Elsinore Municipal Code" is repealed. SECTION 2. Chapter 15.36 is added to the "Lake Elsinore Municipal Code" to read as follows: CHAPTER 15.36 SWIMMING POOL, SPA, AND HOT TUB CODE 15.36.010 ESTABLISHED. The "Uniform Swimming Pool, Spa, and Hot Tub Code 1985 Edition", which are promulgated and published by the International Association of Plumbing and Mechanical Officials, one copy of each which has been filed, and is on file in the office of the City Clerk for public inspection are adopted with the same force and effect as though set out herein in full. 15.36.020 CHANGES AND ADDITIONS TO THE UNIFORM SWIMMING POOL, SPA, AND HOT TUB CODE. The "Uniform Swimming Pool, Spa, and Hot Tub Code" is amended by changing, adding, or deleting the chapters, sections and portions of sections designated in Section 15.36.020 through 15.36.060. 15.36.030 PART 1, SEC. 1.18 AMENDED - BOARD OF APPEALS CREATED. Section 1.18 is amended to read as follows: "Section 1.18 Board of Appeals Created. In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of the provisions of this Code, there shall be and there is hereby created a Board of Appeals, consisting of five members, composed of the Mayor and the other members of the City Council. Said members shall hold their respective membership on said Board of by reason of, and concurrently with their terms of service as Council members and shall cease to such member upon their ceasing to be such Council members. The Chief Building Official shall be the Secretary to the Board. The Board may adopt reasonable rules and regulations for conducting its investigations and shall render all its decisions and findings on contested matters, in writing, to the Chief Building Official, with a duplicate copy thereof to any appellant or contestant affected by any such decision or finding, and may recommend to the City Council such new legislation, if any, as is consistent therewith. The Board of Appeals may interpret the provisions of this Code to cover a special case, if it appears that the provisions of this Code do not definitely cover the point raised or that a manifest injustice might be done or unnecessary hardship or inconvenience be suffered by a strict adherence to the provisions hereof; provided, that every such decision shall be by at least two-third's vote of all of the members of the Board of Appeals who are present at the meeting at which any such matter is considered and decided. Three members of the Board shall constitute a quorum. The Mayor shall be the presiding officer of the Board and in his absence the Board shall select a the Board shall be given each member personally that any meeting of the written consent of all is executed and filed in temporary chairman. Notices of meetings of at least three hours notice delivered to or by registered mail; provided, however, 3oard shall be legal for any purpose if the of the members of the Board to such meeting the records of the Board. The Board shall have the right, subject to such limits as the City Council may prescribe by resolution, to employ at the cost and expense of the City, such qualified individuals as the Board, in its discretion, may deem reasonably necessary in order to assist it in its investigation and in making its findings and decisions. ( ). 15.36.040 SECTION 1.7 AMENDED - VIOLATIONS AND PENALTIES. Section 1.7 is amended to read as follows: "Section 1.7. Violations and Penalties. It shall be unlawful for any person firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the city, or cause same to be done, contrary to or in violation of any of the provisions of this Code. Any person, firm, or corporation violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of Lake Elsinore shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the ordinances of Lake Elsinore shall be punished by a fine of not more than five-hundred dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of Lake Elsinore is committed, or permitted by any such person, and he shall be punished accordingly." 15.36.050 SECTION 1.4(a) AMENDED: PERMIT FEES. Section 1.11 is amended to read as follows: "Section 1.11 Cost of Permit. Fees set pursuant to Chapter 3.32 of the City of Lake Elsinore Municipal Code." 15.36.060 SECTION 320 FENCING. Section 320 is added to read as follows: Section 320 Fencing: A. Every person in possession of land within the incorporated area of the' city, either as owner, purchaser under contract, lessee, tenant, licensee or otherwise, upon which is situated a swimming pool or other out-of-door body of water designed, constructed and used for swimming, dipping or immersion by men, women or children, having a depth in excess of eighteen (18) inches, shall maintain in good condition an enclosure or fence of any material or design, except as hereinafter provided, substantially constructed, not lower than five (5) feet in height above the surface of the ground measured vertically from the outside grade and completely surrounding such pool or body of water. B. Openings between members. a) No opening between vertical members of a wood, metal, picket, stake or other fence shall exceed five (5) inches between members. No opening between horizontal members of a wood, metal or other fence shall exceed two (2) inches between members. If a fence combining vertical and horizontal members meets either the vertical or hori- zontal requirements of this section, it shall be deemed to meet the requirements of this section. b) Masonry-type fences are excepted from the provisions of this .section. C. Clearance above ground. All enclosures and gates shall extend to within two (2) inches of firm soil or within four (4) inches of pavement. D. Gates, doors, latches. a) All gates or doors opening through a swimming pool enclosure shall be equipped with a self- closing and self-latching device designed to keep such door or gate securely closed at all times when not in actual use. The unlocking or unlatching device shall be located not less than five (5) feet above grade or steps at the gate or door measured vertically outside the enclosed areas. This shall include any passage door or gate opening from an accessory building, such as a garage. b) There shall be the following exceptions to this section: (1) The unlocking or may be located on enclosure at less five (5) feet in openable from t enclosure. unlatching device the inside of the than the required height when not ze outside of the (2) Self-closing and self-latching devices shall not be required on doors leading from a dwelling unit into the pool area. (3) Double gates installed across vehicular accessways shall be self-closing and shall be equipped with a latching device five (5) feet above grade which may be manually operated. Such gates shall be securely closed at all times when not in actual use. E. Withholding approval. Plaster inspection or approval to fill the pool with water shall be withheld by the director of building safety until there has been compliance with all fencing and other requirements of this chapter. SECTION 3. VIOLATION - PENALTY. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of Lake Elsinore shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the ordinances of Lake Elsinore shall be punished by a fine of not more than five-hundred dollars ($500.00), or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of Lake Elsinore is committed, continued or permitted by any such person, and he shall be punished accordingly. SECTION 4. Swimming Pool, Sp. this ordinance, conditions. This Health and Safety SECTION 5. law. All changes and modifications in the Uniform ~ and Hot Tub Code, 1985 Edition, as amended by are reasonably necessary because of local finding is made pursuant to Section 17958.5 of the Code of the State of California. This ordinance shall take effect as provided by INTRODUCED AND PASSED UPON FIRST READING this 12th day of MaY 19 87, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, P1ATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: -NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 26th day of May 19~, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE ATTEST: Vicki L. Iasad , City lerk J Leo trigo Mayor APPROVED AS TO FORM: ~rYl~ John R. Harp , City Attorne (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on May 12, 1987, and had its second reading on May 26, 1987, and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ~~ ~ VICK~~I LYNN KASAD, CITY C ERK CITY OF LA ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) NONE NONE NONE I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 802, of said Council, and that the same has not been amended or repealed. DATED: May 27, 1987 VICKI LYNNE AD CIT CITY OF LAKE SIIvTORE (SEAL)