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HomeMy WebLinkAboutOrd. No. 1994-989 ORDINANCE NO. 989 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 15.36 OF THE LAKE ELSINORE MUNICIPAL CODE RELATING TO SWIMMING POOL, SPA AND HOT TUB CODES. - NOW, THEREFORE, THE CITY COUNCYL OF THE CITY OF LAKE ELSINORE DOES ORDAIN JtNL ESTABrlSH SECTIONS 15.36.030 THROUGH 15.36.050 AS FOLLOWS: 15.36.030 GENERAL PROVISIONS The provisions of this section apply to the design and construction of barriers for swimming pools, spas and hot tubs provided for the use by no more than three families and their guests. - 15.36.040 DEFINITIONS 1. ABOVEGROUND/ON-GROUND POOL. See definition of swimming pool. 2. BARRIER is a fence, wall, building wall, safety cover complying with ASTM Standard F 1346-91 or a combination thereof, which completely surrounds the swimming pool and obstructs access to the swimming pool, spa or hot tub. When approved by the enforcement agency, barriers may also incorporate natural or manmade features, such as topography, waterways, restricted areas and similar features including geographically isolated areas which provide an effective access barrier to the pool area. 3. GRADE is the underlying surface such as earth or a walking surface. 4. HOT TUB. See definition of spa. 5. IN-GROUND POOL. See definition of swimming pool. 6. - SEPARATION FENCE is a barrier which separates all doors of a dwelling unit or building accessory thereto with direct access to a swimming pool, spa, or hot tub from that swimming pool, spa or hot tub. 7. SPA is a structure intended for recreational bathing, designed to contain water over 18 inches (457mm) deep and outside dimensions not exceeding 160 square feet (14.72 sq. meters). 8. SWIMMING POOL, is any structure intended for swimming or recreational bathing that is designed to contain water over 18 inches (457mm) deep. This includes in-ground, above-ground and on-ground swimming pools and fixed-in- place wading pools, and excludes spas. PAGE TWO ORDINANCE NO. 989 9. SWIMMING POOL, OUTDOOR, is any swimming pool which is totally outside and residential structure. 15.36.050 REQUIREMENTS - An outdoor swimming pool, hot tub, or spa shall be provided with a barrier. With respect to the installation or construction of an outdoor swimming pool, spa or hot tub, the enforcement agency may require, either prior to plastering or filling with water, that the barrier be installed, inspected and approved. Outdoor swimming pools with electrically operated or manual tracking safety covers that comply with the American Society for Testing Materials Standard F 1346-91 shall not be required to provide other barriers. When electrically operated safety covers are provided, the control for the pool cover shall be mounted at least 54 inches above grade. When barriers are required, the barrier shall comply with the following: - - 1. The top of the barrier shall be at least 60 inches above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be- 2 inches measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance at the bottom of the barrier may be increased to 4 inches when grade is a solid surface impenetrable by a child such as a concrete deck. Where the barrier is mounted on top of the above ground pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches. When barriers have horizontal members, the tops of which are spaced less than 45 inches apart, (1) the horizontal members shall be placed on the pool side of the barrier and (2) spacing between vertical members shall not exceed 1 1/4 inches in width. Any decorative design work on the side away from the swimming pool, such as protrusions, indentations or cutouts, which render the barrier easily climbable, is prohibited. EXCEPTIONS: 1. for fencing composed of vertical and horizontal members, the spacing between vertical members may be increased up to 4 inches when the distance between the tops of horizontal members is 45 inches or more. 2. Existing fences surrounding property at pool area, which are at least 60 inches above grade, measured on the side of the barrier which faces away from the swimming pool, has a maximum vertical clearance between grade and the bottom of the barrier of 2 inches and has no openings that will allow the passage of a 4-inch- diameter sphere are permitted. PAGE THREE ORDINANCE NO. 989 2. - When chain link fences are used as the barrier, openings shall not exceed 1 1/4 inch square, unless the fence is provided with slats fastened at the top or the bottom, and the wire size shall not be smaller than 11 gage. 3. Access gates shall comply with the requirements of items 1 and 2 and shall be equipped to accommodate a locking device. Separation fence gates shall open outward away from the pool and shall be self-closing and have a self-latching device. Gates other than separation fence gates are only required to have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches from grade, (1) the release mechanism shall be located on the pool side of the barrier at least 3 inches below the top of the gate and (2) the gate and barrier shall have no opening greater than 1/2 inch within 18 inches of the release mechanism. Any gates other than pedestrian access gates shall be equipped with lockable hardware or padlocks and shall remain locked at all times when not in use. 4. Where a wall of a dwelling or buildings accessory to the dwelling serves as part of the barrier, and contains door openings providing direct access to the pool, those door openings shall be protected by one of the following means: - A. A self-closing and self-latching device installed on all doors with the release mechanism located a minimum of 54 inches above the floor. B. An alarm capable of providing a sound pressure level of not less than 85 dba when measured indoors at a distance of 10 feet. The alarm shall activate wi thin 15 seconds after the door, and its screen if present, are opened and shall sound continuously for a minimum of 10 seconds then automatically reset. The alarm shall be equipped with a manual reset, such as a touchpad or switch, located on the interior side of the wall not less than 54 inches above the threshold of the door to permit entry and exiting without activation of the alarm. The alarm shall automatically reset under all conditions. The alarm may be battery operated or connected to the building wiring. - C. Other means of protection may be acceptable so long as the degree of protection afforded is substantially the same as that afforded by any of the devices described above. 5. Where an aboveground pool structure is used as a barrier or where the barrier is mounded on top of the pool structure, and the means of access is a ladder or steps, then (1) the ladder or steps shall be capable of being secured, locked or removed to prevent access or (2) the ladder or steps shall be surrounded by a barrier which meets the requirements of Items 1 through 4. When ladder or steps are secured, locked or removed, any opening created shall be protected by a barrier complying with Items 1 through 4. PAGE FOUR ORDINANCE NO. 989 INTRODUCED AND PASSED UPON FIRST READING this 13 day of December, 1994, by the following roll call vote: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, PAPE, WASHBURN .- NOES: COUNCILMEMBERS: BENDER ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 10th day of January, 1995, upon the following roll call vote. AYES: COUNCILMEMBERS: ALONGI, BRINLEY, PAPE, WASHBURN NOES: COUNCILMEMBERS: BENDER ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: - .ATTEST: ~. '/ \,.- VICKI u , CITY CLERK APP~OVED AS TO FORM AND LEGALITY: ORNEY - ~.-. STATE OF CALIFORNIA } COUNTY OF RIVERSIDE } SS: CITY OF LAKE ELSINORE} - I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was read for adoption on December 13, 1994, and passed on January 10, 1995, by the following roll call vote: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, PAPE, WASHBURN NOES: COUNCILMEMBERS: BENDER ABSENT: COUNCILMEMBERS: NONE (- ABSTAIN: COUNCILMEMBERS: NONE ~- \ hml ( 'tJ1^ ( I~I & ,C: ~ CL RK CITY OF LAKF ELSINORE ( SEAl.) - STATE OF CALIFORNIA } COUNTY OF RIVERSIDE } SS: CITY OF LAKE ELSINORE} I, VICKI 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. 989 of said Council, and that the same has not been amended or repealed. DATED: January 17, 1995 ~JWRK CITY ()!.~ LAKE ElSINORE (SEAL) -