Kern County Municipal Code Ch. 13.12 Swimming Pools, Wading Pools and Other Artificial Bodies of Water

For the purpose of this chapter, the following words are defined as set forth in this section:

A. "Child" means a person under six (6) years of age.

B. "Person" means any natural person, corporation, partnership and other association of any kind or nature, or any other group or combination acting as a unit; and the plural as well as the singular number.

(Ord. G-5355 § 2(part), 1990: prior code §§ 5370(d), 5376)

A. Every person who owns or is in possession of any lot or premises on which there is situated a swimming pool, spa, fish pond, wading pool or any other outside body of water created by artificial means designed or used for swimming or other immersion purposes by men, women or children, any portion of which body of water is one and one-half (1½) feet or more in depth and in which the surface area of the water does not exceed ten thousand (10,000) square feet, shall maintain a fence, wall or other structure on the lot or premises and completely surrounding such body of water, lot or premises sufficient to render such body of water inaccessible to children.

1. The provisions of Section 13.12.020 shall apply regardless of the materials used in the construction and/or design of such body of water, regardless of whether structure containing the body of water is permanent, temporary, or portable, and regardless of the length of time of use of such temporary or portable structure.

2. Such fence, wall or other structure must be not less than four and one-half (4½) feet in height. No openings, holes, or gaps in the enclosure shall exceed four (4) inches between vertical members or between the bottom of the enclosure and the finished grade, except for openings protected by doors or gates. The enclosure shall not contain:

(a) Horizontal and diagonal members which might serve as a ladder for children; and

(b) Planters or other structures immediately adjacent to the outside of the enclosure which might assist a child in climbing the enclosure:

3. Unslatted chain link wire or mesh fencing materials may be used in reconstruction or new construction only under the terms of this subparagraph. Openings may not be greater than two and one-half (2½) inches. If openings are greater than one-half (½) inch and less than two and one- half (2½) inches, the fence, gates and doors shall be at least six (6) feet high, notwithstanding the provisions of subparagraph (2) of this subsection.

B. Notwithstanding the provisions of subsection (A) of Section 13.12.020, a pool located on a lot with a single- family dwelling may be protected by a fence around the entire lot, provided the fence meets the construction requirements of subsection (A) of this section. The walls of a single-family dwelling may be used for a partial or complete enclosure of a pool. There shall be no unrestricted access from buildings other than single-family dwellings to pools.

C. Variances. On the application of the property owner, the environmental health services department may approve variances to the ordinance and may impose conditions on the granting of the variance whenever it so determines such variances or conditions assure public safety. Variances granted under former Section 13.12.020 are still valid. Persons who were granted variances are not required to apply for additional variances under this section.

D. The requirements of this chapter shall not be retroactive and shall apply only to construction, reconstruction, or installation of any body of water described in subsection (A) of Section 13.12.020 or of protective enclosures required by this chapter commenced after October 4, 1990. Notwithstanding the foregoing, all owners or persons in possession of lots which contain any such body of water which was in existence prior to October 4, 1990 shall be required to comply with the provisions of this chapter in effect as of October 3, 1990.

(Ord. G-5355 § 2 (part), 1990)

If, by the erection of a dam or other structures in or beside a natural stream or other natural body of water, an artificial body of water is created, the maintenance of the original depth of such body of water by dredging or otherwise removing earth, debris or other matter therefrom at periodic intervals shall not be deemed to be the creation of an outside body of water by artificial means as those words are used in this chapter.

(Ord. G-5355 § 2 (part), 1990: prior code § 5373)

All doors or gates shall be of such a size as to completely fill any opening in the fence, wall or other structure large enough to admit a child, and shall be equipped with self-closing and self-latching devices capable of keeping such gate or door securely closed, which closing or latching devices shall be located not less than four (4) feet above grade or otherwise be inaccessible from the outside to small children. In lieu of self-closing and self-latching devices at pools where a direct fee is charged and/or where continuous lifeguard service is provided, doors and gates may be equipped with locks which shall be kept locked at all times when such pool, pond or other body of water is not in actual use. Lifeguard service shall be as defined in Section 24100.1 of the California Health and Safety Code.

(Ord. G-5355 § 2 (part), 1990: prior code § 5371)

If the public health services department acting through its environmental health division denies a request for a variance to the ordinance or subjects the variance to conditions which the applicant believes to be unreasonable, the applicant may appeal the decision of the department to the board of supervisors. The notice of appeal shall be filed with the clerk of the board of supervisors within thirty (30) days after the decision of the department and shall set forth each and all grounds of objection to the decision appealed.

The clerk of the board of supervisors shall forthwith file a copy of the notice of appeal with the department. The board of supervisors shall, within thirty (30) days after receipt of a written appeal, hold a hearing to determine whether the variance shall be issued to the applicant and if a variance is to be issued, the terms and conditions under which it shall be issued. Such a hearing shall be conducted in accordance with Section 13.12.070 of this chapter and may be continued from time to time by the board. The decision of the board of supervisors shall be rendered within seven (7) days after the conclusion of the hearing and the decisions shall be final as to all matters determined. Notice of the decision shall be given as provided in Section 13.12.075 of this chapter.

(Ord. G-5355 § 2 (part), 1990)

(Ord. No. G-8035, § 40, 4-20-10)

At the date and time set, a public hearing shall be held before the board of supervisors. The owner and any other person requesting such hearing may be represented by counsel. The board of supervisors shall hear all pertinent evidence offered by all interested persons. The technical rules of evidence shall not be applicable at the hearing. All persons giving evidence shall be sworn before testifying. The owner and any other person requesting such hearing may employ a shorthand reporter to report the hearing. The board may continue such hearing from time to time.

(Ord. G-5355 § 2 (part), 1990)

Judicial review of the decision of the board of supervisors made pursuant to this chapter may be sought pursuant to Section 1094.6 of the Code of Civil Procedure, which is hereby made applicable for the purposes of this chapter. The method of judicial review, the time limits for judicial review and all of the other provisions of Section 1094.6 shall govern such judicial review. The clerk of the board of supervisors shall give written notice to the applicant and the environmental health services department that the variance has been denied, or will be issued subject to conditions. The notice shall inform the applicant that the time within which judicial review must be sought is governed by Section 1094.6 of the Code of Civil Procedure.

(Ord. G-5355 § 2 (part), 1990)

Every person who fills with water, causes the filling with water or assists in filling with water any swimming pool, fish pond, wading pool or other body of water required to be fenced by Section 13.12.020 of this chapter before the required fence is erected is guilty of a misdemeanor.

(Ord. G-5355 § 2 (part), 1990: prior code § 5378)

The public health services department acting through its environmental health division and its employees have the duty to enforce the provisions of this chapter and are given the power pursuant to Penal Code Section 836.5 to make arrests and to issue citations pursuant to Chapter 5C of Title 3 of Part 2 of the Penal Code (commencing with Section 835.5) for the violation of any provisions of this chapter occurring in the environmental health division employee's presence.

(Ord. G-5355 § 2 (part), 1990)

(Ord. No. G-8035, § 41, 4-20-10)

The public health services department acting through its environmental health division may call upon the department of planning and community development for technical assistance in the enforcement of the provisions of this chapter.

(Ord. G-5355 § 2 (part), 1990)

(Ord. No. G-8035, § 42, 4-20-10)

Nothing in this chapter shall be construed as abrogating any more restrictive provisions of CCR Title 24, Section 2- 9024 regarding fencing and gates which enclose public pools as defined in CCR Title 22, Section 65501 as each may be amended from time to time.

(Ord. G-5355 § 2 (part), 1990)

Any person violating any of the provisions of this chapter is guilty of a misdemeanor and subject to a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for not more than six (6) months or by both such fine and imprisonment.

(Ord. G-5355 § 2 (part), 1990)