Eastvale Municipal Code Ch. 16.28 Excavation Safety Regulations

The purpose of this chapter is to protect the public health, safety and welfare by requiring:

(1) Swimming pools, or spas and similar structures 18 inches or more in depth designed for wading, swimming or other recreational purposes located on any premises within the city to be enclosed in the manner prescribed herein; and

(2) Any cesspool, seepage pit, well or similar type of shaft, having a diameter in excess of eight inches to be securely covered at all times when the same is unattended.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Aboveground or onground pool. See Swimming pool.

Approved safety swimming pool cover means a power-operated safety pool cover that meets all of the performance standards of the American Society for Testing and Materials International (ASTM), in compliance with Underwriters Laboratories Inc. (UL) Standard F 1346-91, Standard Performance Specification Covers and Labeling Requirements.

Barrier means a permanent fence, enclosure, wall, building wall or combination thereof that completely surrounds the swimming pool and obstructs access to the swimming pool.

Grade means the underlying surface, such as earth or a walking surface.

Group R, division 3 occupancy means dwellings and lodginghouses not including hotels or apartment houses.

Hot tub. See Spa, nonself-contained, and Spa, self-contained.

Permanent fence or enclosure means a wall, building wall or combination thereof that is fixed firmly, firm, established, safe, secure, constant and long lasting.

Permanent swimming pool or spa cover means a cover that is equipped with manual or electrical source or system and is approved from a recognized testing agency.

Separation fence means a barrier that separates all doors of a dwelling unit with direct access to a swimming pool from the swimming pool.

Spa, nonself-contained, means a hydromassage pool or tub for recreational or therapeutic use, not located in health care facilities, designed for immersion of users and usually having a filter, heater and motor-driven blower. It may be installed indoors or outdoors, on the ground or on a supporting structure, or in the ground or in a supporting structure. A nonself-contained spa is intended for recreational bathing and is 18 inches or more in depth.

Spa, self-contained, means a continuous-duty appliance in which all control, water-heating and water-circulating equipment is an integral part of the product, located entirely under the spa skirt. A self-contained spa is intended for recreational bathing and is 18 inches or more in depth.

Swimming pool means any constructed or prefabricated structure intended for swimming or bathing, 18 inches or more in depth. The term "swimming pool" includes inground, aboveground and onground swimming pools, and fixed-in-place wading pools, regardless of the presence of any water.

Swimming pool, indoor, means a swimming pool that is totally contained within a structure and surrounded on all four sides by walls of such structure.

Swimming pool, outdoor, means any swimming pool that is not an indoor pool.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Every person in possession of land within the city, either as owner, purchaser under contract, lessee, tenant or licensee, upon which is situated a swimming pool, spa or similar facility, shall meet the following requirements:

(1) Outdoor swimming pool. An outdoor swimming pool shall be provided with a barrier that shall comply with all of the following:

a. The top of the barrier shall be at least 60 inches above grade measured on the side of the barrier that faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be two inches measured on the side of the barrier that faces away from the swimming pool. The maximum vertical clearance at the bottom of the barrier may be increased to four inches when the grade is a solid surface such as a concrete deck, or when the barrier is mounted on the top of the aboveground pool structure. When barriers have horizontal members spaced less than 45 inches apart, the horizontal members shall be placed on the pool side of the barrier.

b. On the side away from the swimming pool, the barrier shall be free of protrusions, indentations, cavities, cutouts or other physical characteristics which render the barrier easily climbable.

c. Openings in the barrier shall not allow passage of a 1¾-inch diameter sphere. Exceptions apply as follows:

1. When vertical spacing between such openings is 45 inches or more, the opening size may be increased such that the passage of a four-inch-diameter sphere is not allowed.

2. For fencing composed of vertical and horizontal members, the spacing between vertical members may be increased up to four inches when the distance between the tops of horizontal members is 45 inches or more.

d. Chainlink fences used as the barrier. Maximum mesh size for chainlink fences shall be a 1¼-inch square unless the fence is provided with slats fastened at the top or the bottom, which reduce the openings to no more than 1¾ inches. All chainlink fence wires shall not be less than 11-gauge.

e. Access gates shall comply with the requirements of subsections (a)(1) through (4) of this section. Pedestrian access gates shall be self-closing and have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches from the bottom of the gate.

1. The release mechanism shall be located on the pool side of the barrier at least three inches below the top of the gate; and

2. The gate and barrier shall have no opening greater than one-half inch within 18 inches of the release mechanism. Pedestrian gates shall swing away from the pool. Any gates other than pedestrian access gates shall be equipped with either:

(i) A permanent automatic closing device or system with electrical power source; or

(ii) Lockable hardware or padlocks.

These gates shall remain locked at all times when not in use.

f. Where a wall of a group R, division 3 occupancy dwelling unit serves as part of the barrier and contains door openings between the dwelling unit and the outdoor swimming pool that provide direct access to the pool, a separation fence meeting the requirements of subsections (1)a through e of this section shall be provided. Exceptions apply: when approved by the building official or his designees performing the inspection, one or both of the following may be used:

1. Self-closing and self-latching devices installed on all doors (except sliding glass doors) with direct access to the pool with the release mechanism located a minimum of 54 inches above the floor;

2. An alarm installed on all doors, including sliding glass doors, with direct access to the pool. The alarm shall sound continuously for a minimum of 30 seconds within seven seconds after the door and its screen, if present, are opened, and be capable of providing a sound pressure level of not less than 85 decibels (dBA) when measured indoors at ten feet. The alarm shall automatically reset under all conditions. The alarm system shall be equipped with a manual means, such as a touchpad or switch, to temporarily deactivate the alarm for a single opening. Such deactivation shall last no longer than 15 seconds. The deactivation switch shall be located at least 54 inches above the threshold of the door.

g. Where an aboveground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then the ladder or steps shall be:

1. Capable of being secured, locked or removed to prevent access; or

2. Surrounded by a barrier that meets all the requirements of subsections (1)a through f of this section. When the ladder or steps are secured, locked or removed, any opening created shall be protected by a barrier complying with subsections (1)a through f of this section.

(2) Indoor swimming pool. Protection shall comply with the requirements of subsection (1)f of this section.

(3) Nonself-contained and self-contained spa or hot tub. Protection shall comply with the requirements of this section. A self-contained spa or hot tub equipped with a listed safety cover that complies with the American Society for Testing and Material Emergency Performance Specification (ASTM F-l346-91) shall be exempt from the requirements of subsection (1) of this section.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

All plans hereafter submitted to the engineering department for pools to be constructed shall clearly indicate compliance with codes, ordinances and regulations then in effect where health, safety and welfare are involved. Preplaster inspection shall be required; at which time all requirements of section 16.28.030 of this chapter shall be installed to the satisfaction of the city before permission is granted for the plastering and filling of such pool.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

State Law reference— Swimming Pool Safety Act, Health and Safety Code § 115920 et seq.

Whenever a construction permit is issued for the construction of a new swimming pool or spa, the pool or spa shall meet all of the following requirements:

(1) The suction outlet of the pool or spa for which the permit is issued shall be equipped to provide circulation throughout the pool or spa as prescribed in subsection (2) of this section.

(2) The swimming pool or spa shall have at least two circulation drains per pump that shall be hydraulically balanced and symmetrically plumbed through one or more T-fittings, and that are separated by a distance of at least three feet in any dimension between the drains.

(3) Suction outlets that are less than 12 inches across shall be covered with anti-entrapment grates that cannot be removed except with the use of tools. Slots or openings in the grates or similar protective devices shall be of a shape, area, and arrangement that would prevent physical entrapment and would not pose any suction hazard to bathers.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Every person who digs or excavates any cesspool, seepage pit, trench for geotechnical testing, well or similar type of shaft, having a diameter in excess of eight inches and intended upon completion to be covered or otherwise protected in such a manner as will prevent persons from falling into the same shall, during the digging or excavation thereof and until the same shall have been completed and permanently covered or otherwise protected, keep such excavation securely covered, at all times when the same is unattended with a cover consisting of at least two thicknesses of three-fourth-inch exterior plyboard, or its equivalent in strength, with at least one foot of earth completely covering the same.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

No person, shall use, maintain or cause to be created, as a part of the processing for market of potatoes or any other agricultural product, any water sump, pond or detention basin unless such water sump, pond or detention basin is completely surrounded by an enclosure not less than five feet in height with a locked gate. The gate may be unlocked only when employees are on duty and require uninterrupted access. The enclosure shall be constructed of chainlink fencing of not less than 14-gauge and two-inch mesh, or of concrete, masonry, wood or other solid material constructed to withstand 15 pounds per square foot of uniform horizontal load, and shall be constructed so as to discourage climbing by small children.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The procedures, remedies and penalties for violation of this chapter and for recovery of costs related to enforcement are provided for in this Code.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)