Brawley Municipal Code Ch. 23B Swimming Pools

A swimming pool is any confined body of water located either above or below the existing finished grade of the site, exceeding one hundred fifty square feet in surface area and two feet in depth, designed, used or intended to be used for swimming or bathing purposes.

(Ord. No. 543, § 1.)

(a) Every swimming pool shall be enclosed by a natural barrier, retaining wall, fence or other structure having a minimum height of five feet and constructed or installed so as to obstruct access thereto by persons other than the owners or occupants of the premises on which such swimming pool is located.

(b) Every existing swimming pool shall be enclosed as required by subsection (a) of this section. When any such fence, structure or wall enclosing an existing swimming pool would be located in a required front yard setback, written application shall be made to the planning commission for a variance to permit the construction and installation of a fence, wall or structure as required herein or of an equivalent enclosing wall, fence, structure or natural barrier.

(Ord. No. 543, § 2.)

The owner of any swimming pool may request approval of variance from the fencing requirements herein by submitting to the building inspector written application for such variance, setting forth a description of such pool and an alternate safeguard or condition of the site by which entry into such swimming pool may be restricted or prevented. The building inspector may approve such alternate safeguard or obstruction upon finding that one of the following conditions exists:

(1) That physical conditions of the site would make up the erection of a fence or wall impractical.

(2) That proposed limitation of access or conditions of control which would be continuously effective would accomplish the intent of the fencing requirements.

(Ord. No. 543, § 6.)

Such fences may include gates therein. All gates must be self latching with latches placed at least four feet above the underlying ground in order to be securely closed. All gates opening through such enclosure shall be kept securely closed and latched at all times.

(Ord. No. 543, § 3.)

Such fence, gate or other protective device as required by these sections shall be installed in such a manner as to comply with the fire exit requirements of the laws of the state and of the ordinances of the city.

(Ord. No. 543, § 4.)

No swimming pool shall be installed in any court or yard area which is required for ingress or egress to any building or occupancy.

(Ord. No. 543, § 4.)

(a) All swimming pools constructed after the effective date of this section shall be subject to the front yard and side yard setback requirements as set forth in Chapter 27 but in no case shall be located closer than three feet from any property line.

(b) All tanks, heating, filtering and pumping equipment used for the service of such pool shall be subject to the front yard and side yard setback requirements as set forth in Chapter 27 except when such accessories are located entirely below the existing finished grade of the site and provided with a permanent, durable, protective cover, in which case the aforementioned front yard and side yard setback requirements pertaining to such equipment shall not apply.

(c) Swimming pools, including heating, filtering, pumping and accessory equipment, shall have a five-foot rear yard setback.

(Ord. No. 543, § 5.)

(a) The provisions of Section 23B.2 and Sections 23B.4 to 23B.6 hereof shall not apply to premises where a swimming pool is used or maintained and the premises are used for any hotel, motel, apartment or trailer park consisting of ten or more units where the owner or an employee thereof is on duty on such premises twenty-four hours each day.

(b) All swimming pools which are completely contained within the walls of a building shall be exempt from the provisions of the fencing requirements.

(Ord. No. 543, § 7.)

Owners of existing swimming pool shall comply with the provisions hereof within sixty days after the effective date 1a of this chapter.

(Ord. No. 543, § 8.)

1a. Ordinance No. 543, from which this chapter derives, was adopted August 20, 1963, to be effective thirty days thereafter.

That certain document, a copy of which is on file in the office of the city clerk of the city, being marked and designated as the "Uniform Swimming Pool, Spa and Hot Tub Code, 1985 Edition," published by International Association of Plumbing and Mechanical Officials, is adopted by reference as the swimming pool code of the city for regulating the installation, alteration or repair of swimming pools, spas and hot tubs in the city, and inspections thereof, and issuance of permits therefor, collection of fees for such permits, and each and all of the regulations, provisions, conditions and terms contained in the Uniform Swimming Pool, Spa and Hot Tub Code, 1985 Edition, published by the International Association of Plumbing and Mechanical Officials, are referred to, adopted and made a part hereof as if fully set out in this section with the alterations, amendments, deletions and additions set forth in Section 23B.11.

(Ord. No. 87-08, § 2.)

The following sections of the Uniform Swimming Pool, Spa and Hot Tub Code, 1985 Edition, are amended to provide as follows:

Section 1.5: Whenever the term 'Administrative Authority' is used in this Code, it shall be construed to mean the Building Official or his authorized representative.

Section 1.6: Unless otherwise provided for by law, the office of the Administrative Authority shall be part of the Building Department.

Section 1.7: Any person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment in the County Jail not to exceed six (6) months, or by both such fine and imprisonment. Each separate day or any portion thereof during which violation of this Code occurs, or continues, shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as herein provided. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for or an approval of any violation of any of the provisions of this Code. No permit presuming to give authority to violate or cancel the provisions of this Code shall be valid, except insofar as the work or use which it authorizes is lawful.

(Ord. No. 733, § 2; Ord. 87-08, § 2.)