California City Municipal Code Ch. 5 Swimming Pools, Ponds, Canals, and Ditches

Every person who owns or possesses a premises where there is a swimming pool, fish pond, wading pool, or other outside body of water created by artificial means, having a water depth of eighteen inches (18") or more, shall maintain a fence, wall, or other adequate structure to make such body of water inaccessible to small children. Such fence, wall, or other structure shall be not less than five (5) ft. in height with no openings large enough to admit a child, except through doors or gates as set forth in this chapter.

A person owning, possessing, maintaining, or controlling an open canal or ditch containing water which is of a depth of eighteen (18) in. or more shall surround such canal or ditch with a fence, wall, or other adequate structure to make such canal or ditch inaccessible to small children. Such fence, wall, or other structure shall be not less than five (5) ft. in height with no openings large enough to admit a child, except through doors or gates as set forth in this chapter.

The doors and gates required by this chapter shall completely fill any opening in a fence, wall, or other structure and shall be equipped with a self-closing and self-latching device on the inside capable of keeping such gate or door locked. The locking device shall be located not less than four (4) ft. above grade or be inaccessible from the outside to small children.

The following construction standards shall apply to fences or walls created in compliance with this chapter:

(a) "Wood" - Redwood or pressure-treated posts shall be not less than three (3) in. by three (3) in., shall be set not more than ten (10) ft. apart and shall be embedded at least eighteen (18) in. in the ground. Vertical boards at least one-half (½) in. thick shall be fastened securely to not less than two (2) horizontal rails at least one and three-quarter (1¾) in. by three (3) in. in dimension.

(b) "Wire" - Wire shall be galvanized mesh, minimum eleven (11) gauge, with galvanized pipe poles at least one and one-fourth (1¼ in. diameter spaced not more than ten (10) ft. apart. Poles shall be set not less than twelve (12) in. in concrete in post holes six (6) in. in diameter and eighteen (18) in. deep.

(c) "Masonry" - Masonry or stone walls shall have concrete footings at least twelve (12) in. wide and six (6) in. thick, with the bottom not less than twelve (12) in. below the ground surface. Any wall reinforcing steel shall be embedded in the footing.

A competent person shall keep the pool, canal, or ditch under observation or a cover or other protective device approved by the Building Official may be used to make such water inaccessible to small children in lieu of maintaining a fence, wall, or other enclosing structure.

The Building Official may allow slight modifications from this chapter for good cause shown in individual cases with respect to the height of a fence, wall, or other enclosing structure or the nature or position of a latch or other locking device. The Building Official may permit other protective devices or structures to be used if the degree of protection afforded by the substituted devices or structures is not less than the protection afforded by the fence, wall, or enclosing structure and the gate, door, latch, or other locking devices required by this chapter.

Compliance with the provisions of this chapter shall not be required when the Council determines strict compliance with this chapter will not materially benefit or safeguard the public and the work to be done will result in undue hardship to the owners, occupants, or persons in possession or control of property.

Public agencies and public recreational facilities are not regulated by this chapter.

(a) The Building Official shall enforce this chapter.

(b) This article may be enforced by administrative fine or by injunction.