Banning Municipal Code Ch. 15.40 Swimming Pools

Every person in possession of land within the city, either as owner, purchaser under contract, lessee, tenant, licensee or otherwise, upon which is situated a swimming pool or other out-of-doors body of water designed for swimming, dipping or immersion purposes, having a depth in excess of eighteen inches, shall at all times maintain on the lot or premises upon which such pool or body of water is located, and completely surrounding such pool or body of water, an enclosure that satisfies the requirements of subsection B of Section 15.08.020. There shall be no openings, holes or gaps therein larger than four inches square. Such openings, holes or gaps shall not be constructed in a horizontal series constituting steps or other means of access. If a picket fence is erected or maintained, the openings or spaces between the pickets shall not exceed four inches. A dwelling house or accessory building may be used as a part of such enclosure.

(Code 1965, § 6-10.01.)

(Ord. No. 1555, § 23, 12-10-19)

All swimming pools in existence on July 10, 1965, shall be fenced in accordance with the requirements of this chapter on or before June 1, 1966.

(Code 1965, § 6-10.02.)

(Ord. No. 1555, § 23, 12-10-19)

All gates or doors opening through the enclosure required by this chapter shall be equipped with a self-closing and self-latching device, consistent with the requirements of subsection B of Section 15.08.020, not less than fifty-four inches high, designed to keep, and capable of keeping, such door or gate securely closed at all times when not in actual use. The door of any dwelling house or accessory building and forming any part of the enclosure need not be so equipped.

(Code 1965, § 6-10.03.)

(Ord. No. 1555, § 23, 12-10-19; Ord. No. 1586, § 4, 11-8-22)

Every swimming pool constructed after July 10, 1965, shall be constructed so that there is at least five feet between the main building and the swimming pool, that there is at least five feet between a side lot line or rear lot line and the swimming pool, and that there is at least five feet between any auxiliary building and the swimming pool, except that lesser distance may be permitted between a swimming pool and a building if the swimming pool is so designed to maintain the structure integrity of the structure involved.

(Code 1965, § 6-10.04.)

(Ord. No. 1555, § 23, 12-10-19)

All plans submitted to the city for swimming pools to be constructed shall show compliance with the requirements of this chapter and Chapter 15.08 of this title, and final inspection and approvals of all pools shall be withheld until all requirements of this chapter and Chapter 15.08 of this title have been complied with.

(Code 1965, § 6-10.05.)

(Ord. No. 1555, § 23, 12-10-19)

Editor's note— Ord. No. 1613, § 5 (Exh. A), adopted November 12, 2025, repealed § 15.40.060, which pertained to modification of requirements and derived from Code 1965, § 6-10.06 and Ord. No. 1555, § 23, 12-10-19.