Atherton Municipal Code Ch. 8.28 Swimming Pool Safety

SWIMMING POOL SAFETY

Sections:

• 8.28.010 Purpose.

• 8.28.020 Definitions.

• 8.28.030 Safety requirements for private single-family home pools.

• 8.28.040 Requirements for public pools.

The purpose of this chapter is to regulate swimming pools consistent with state law (California Health and Safety Code Sections 115920 et seq. and 116025 et seq.). Implementation is intended to protect children from drowning or near drowning. (Ord. 666 § 2, 2024)

A. “Swimming pool” or “pool” means any structure intended for swimming or recreational bathing that contains water over eighteen inches deep located at a private single-family residence. “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. A “swimming pool” for purposes of this chapter does not include any of the following: a public swimming pool, a hot tub or spa with locking safety covers that comply with the American Society for Testing and Materials (ASTM F1346), a pool at an apartment complex, or any residential setting other than a single-family home.

B. “Public swimming pool” means an outdoor or indoor structure, whether in-ground or above-ground, intended for swimming or recreational bathing, including a swimming pool, hot tub, spa, or nonportable wading pool, that is any of the following: operated for the use of the general public with or without charge; open exclusively to members of an organization and their guests, residents of a multiunit apartment building, apartment complex, residential real estate development, or other multifamily residential area, or patrons of a hotel or other public accommodations facility; or located on the premises of an athletic club, or public or private school. “Public swimming pool” does not include a swimming pool located on the grounds of a private single-family home. (Ord. 666 § 2, 2024)

Any swimming pool or spa at a private single-family home must comply with Article 2.5, Chapter 5, Division 104 of the California Health and Safety Code, as amended. (Ord. 666 § 2, 2024)

Any public swimming pool must comply with Article 5, Chapter 5, Division 104 of the California Health and Safety Code, as amended. (Ord. 666 § 2, 2024)