Kingsburg Municipal Code Ch. 15.08 International Swimming Pool and Spa Code

Footnotes:

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Editor's note— Ord. No. 2022-002, § 2, adopted Nov. 16, 2022, repealed the former Ch. 15.08, and enacted a new Ch. 15.08 as set out herein. The former Ch. 15.08 pertained to international building code and derived from Amended during 5-08 supplement; Ord. No. 2010-04, adopted Mar. 5, 2011.

Chapters 1 through 3 and Chapters 7 through 11 of the International Swimming Pool and Spa Code, 2024 Edition, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL, 90478-5771, is hereby adopted as reference as if set forth in full, except as amended herein. Copies are on file in the office of the building division.

The following sections of the International Swimming Pool and Code, 2024 Edition are hereby amended as follows:

A. Section 101.1. Insert City of Kingsburg.

B. Section 103.1 is amended to read:

Section 103.1 Creation of Agency.

The Building Division of the City of Kingsburg shall be responsible for the implementation, administration and enforcement of the provisions of this code. The Building Official shall act as the Code Official for the purposes of this Swimming Pool and Spa Code.

C. Section 109.5.1 is added as follows:

109.5.1 Indemnification of City. A building permit required by this code shall not be issued unless the applicant has deposited with the Building Official a cash bond, certified check, letter of credit or a security bond payable to the city in the sum of one thousand dollars ($1000.00) to indemnify the city for any damage to improvements located within the city right-of-way used by builder.

D. Section 109.5.2 is added as follows:

109.5.2 Release of Bond. The cash bond or any residual thereof required under this Code may be released upon certification by the Building Official, that any city property damaged by the swimming pool builder has been restored to as good a condition as it was prior to such damage or that city property suffered no damage incident to the construction process.

E. Section 111.4.1 is added as follows:

111.4.1 Inspection of Equipment. The Code Official shall have the right to inspect all trucks, tractors, excavators, and other equipment proposed to be used in the construction of a swimming pool or spa within the City. He/she shall be the sole judge as to the hazard or danger that such equipment may impose on curbs, gutters, sidewalks, and other improvements as may be located in the City right-of-way at or near the construction site, and he/she shall be vested with full authority to prescribe measures for the protection of City improvements.

F. Section 111.4.2 is added as follows:

111.4.2 Duty to Repair. In the event of damage to any street, curb, gutter, sidewalk, or any other public property incident to swimming pool or spa construction, the Building Official shall require work as may be necessary to restore the improvements to as good a condition as the same was prior to such damage, and shall charge the cost thereof to the applicant whom the permit was issued for the particular construction job. Such work may be performed by a local contractor or by city forces as deemed most economical and appropriate by the Building Official. Such damages as occur may be recovered from the cash bond as stated in 109.5.1 or other indemnification security as required in this chapter.

G. Section 112.1 is amended to read:

112.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the code official relative to the application and interpretation of this code, the governing body of the City of Kingsburg may establish a local appeals board to serve this purpose. Where no such appeals board has been established, the governing body of the City of Kingsburg shall serve as the local appeals board.

H. Section 112.5 is added as follows:

112.5 Application for appeal. Any person shall have the right to appeal a decision of the building official to the board. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The application shall be filed on a form obtained from the building official within 20 days after the notice was served.

I. Section 112.6 is added as follows:

112.6 Rules and procedures. The board shall establish policies and procedures necessary to carry out its duties consistent with the provisions of this code and applicable state law. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be presented.

J. Section 112.7 is added as follows:

112.7 Notice of meeting. The board shall meet upon notice from the City Clerk within 10 days of the filing of an appeal or at previous stated periodic intervals.

K. Section 112.7.1 is added as follows:

112.7.1 Open hearing. All hearings before the board shall be open to the public and considered a Public Hearing. The appellant, the appellant's representative, the code official and any person whose interests are affected shall be given an opportunity to be heard.

L. Section 112.8 is added as follows:

112.8 Legal counsel. The jurisdiction shall furnish legal counsel to the board to provide members with general legal advice concerning matters before them for consideration. Members shall be represented by legal counsel at the jurisdiction's expense in all matters arising from service within the scope of their duties.

M. Section 112.9 is added as follows:

112.9 Board decision. The board shall only modify or reverse the decision of the building official by a concurring vote of the majority.

N. Section 112.9.1 is added as follows:

112.9.1 Resolution. The decision of the board shall be by resolution. Every decision shall be promptly filed in writing in the office of the code official within three business days and shall be open to the public for inspection. A certified copy shall be furnished to the appellant or the appellant's representative and the code official.

O. Section 112.10 is added as follows:

112.10 Court review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision.

P. Section 113.4 is amended to read:

113.4 Violation penalties. Any person, firm, corporation, or organization who violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair a pool or spa in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of an infraction and subject to fine. The fine for the violation may be assessed by means of an administrative citation issued by the code official for an amount established by resolution.

Q. Section 201.3 is amended to read:

Section 201.3 Terms defined in other codes.

Where terms are not defined in this code and are defined in the California Building, Fire, Plumbing, Mechanical and Electrical Code or NFPA 70, such terms shall have the meanings ascribed to them as stated in those codes. Where this code refers to "International" Administrative, Building, Residential, Fire, Plumbing, Mechanical, Electrical, Energy, or other International Codes, the term "International" shall be replaced with the word "California."

R. The following definitions are added to Section 202 as follows:

ANSI/APSP PERFORMANCE STANDARD. Standard that is accredited by the American National Standards Institute (ANSI) and published by the Association of Pool and Spa Professionals (APSP).

APPROVED SAFETY POOL COVER. A manually or power-operated safety pool cover that meets all of the performance standards of the American Society for Testing and Materials (ASTM), in compliance with standard F1346-91.

ENCLOSURE. A fence, wall, or other barrier that isolates a swimming pool from access to the home.

EXIT ALARMS. Devices that make audible, continuous alarm sounds when any door or window, that permits access from the residence to the pool area that is without any intervening enclosure, is opened or is left ajar. Exit alarms may be battery operated or may be connected to the electrical wiring of the building.

SWIMMING POOL. Any structure intended for swimming or recreational bathing that contains water over 24 inches deep. Includes in-ground and aboveground structures and includes, but is not limited to, hot tubs, spas, portable spas, and nonportable wading pools.

S. Section 301.1.2. is added as follows:

301.1.2 Conflicts. In the event of a conflict between the provisions of the Swimming Pool Safety Act, the International Swimming Pool and Spa Code, 2024 Edition, and the currently adopted California Building Standards Code, the Building Official shall implement the most restrictive provisions thereof.

T. Section 303.1.2 is amended to read:

303.1.2 Time switches. A time switch or other control mechanism shall be installed as part of a pool water circulation control system that will allow all pumps to be set or programmed to run only during off-peak electric demand period, and for the minimum time necessary to maintain the water in the condition required by applicable public health standards.

U. Section 303.1.3 is amended to read:

303.1.3. Covers. A cover is required for outdoor pools or outdoor spas that have a heat pump or gas heater.

Exception: Pools or spas deriving at least 60 percent of the annual heating energy from site solar energy or recovered energy.

V. Section 303.1.4 is added as follows:

303.1.4 Piping. Any pool or spa system or equipment shall be installed with at least 36 inches of pipe installed between the filter and the heater or dedicated suction and return lines, or built-in or built-up connections shall be installed to allow for the future addition of solar heating equipment.

W. Section 303.1.5 is added as follows:

303.1.5 Directional inlets. The swimming pool or spa system shall have directional inlets that adequately mix the water.

X. Section 305.1 is amended to read:

305.1 General. The provisions of this section shall apply to the design of barriers for restricting entry into areas having pools and spas. Barriers shall be designed with an outside surface free of protrusions, cavities, or other physical characteristics that would serve as handholds or footholds that could enable a child below the age of five years to climb over. Where spas or hot tubs are equipped with a lockable safety cover complying with ASTM F1346, the areas where those spas and hot tubs are located shall not be required to comply with Sections 305.2 and 305.7.

Y. Section 305.2 is amended to read:

Section 305.2 Outdoor swimming pools and spas.

All outdoor pools and spas and indoor swimming pools shall be surrounded by a barrier that complies with Sections 305.2.1 through 305.7.

Z. Section 305.2.1(1) is amended to read:

305.2.2(1) The top of the barrier shall be not less than 60 inches (1524 mm) above grade where measured on the side of the barrier that faces away from the pool or spa. Such height shall exist around the entire perimeter of the barrier and for a distance of 3 feet (914 mm) measured horizontally from the outside of the barrier.

AA. Section 305.2.1(3) is amended to read:

305.2.1(3) The vertical clearance between a surface below the barrier to a solid surface, such as concrete, and the bottom of the required barrier shall not exceed 2 inches (51 mm) where measured on the side of the required barrier that faces away from the pool.

BB. Section 305.3.3(1.2) is amended to read:

305.3.3(1.2) At residential pools and spas, not less than 60 inches (1524 mm).

CC. Section 305.3.3(2.2) is amended to read:

305.3.3(2.2) At residential pools and spas, at not less than 60 inches (1524 mm).

DD. Section 305.4 is amended as follows:

305.4 Structure wall as barrier. Where a wall of a dwelling or structure serves as part of the barrier and where doors and/or gates provide direct access to the pool or spa through that wall, one of the following shall be required:

1. Doors and gates shall have an alarm that produces an audible warning when the door and/or gate, or their screens, is opened. The alarm shall be listed and labeled as a water hazard entrance alarm in accordance with UL 2107.

a. In dwellings not required to be Accessible units, Type A units, or Type B units, the operable parts of the alarm deactivation switches shall be located at not less than 54 inches (137 mm) above the finished floor.

b. In dwellings that are required to be Accessible units, Type A units, or Type B units, the operable parts of the alarm deactivation switches shall not be located greater than 54 inches (1372 mm) and not less than 48 inches (1219 mm) above the finished floor.

c. In structures other than dwellings, the operable parts of the alarm deactivation switches shall be located not greater than 54 inches (1372 mm) and not less than 48 inches (1219 mm) above the finished floor.

2. A safety cover that is listed and labeled in accordance with ASTM F1346 installed for the pools and spas.

3. An approved means of protection, such as self-closing doors with self-latching devices, is provided. Such means of protection shall provide a degree of protection that is not less than the protection afforded by Section 305.2.1.

EE. Section 305.9 is added as follows:

305.9 Drowning Prevention Safety Measures. Except as provided in Swimming Pool Safety Act Section 115925, when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with at least two of the following seven drowning prevention safety features:

1. An enclosure that meets the requirements of the Swimming Pool Safety Act Section 115923 and isolates the swimming pool or spa from the private single-family home.

2. Removable mesh fencing that meets American Society for Testing and Materials (ASTM) Specifications F2286 standards in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device.

3. An approved safety pool cover, as defined in subdivision (d) of Swimming Pool Safety Act Section 115921.

4. Exit alarms on the private single-family home's doors that provide direct access to the swimming pool or spa. The exit alarm may cause either an alarm noise or a verbal warning, such as a repeating notification that "the door to the pool is open."

5. A self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor on the private single-family home's doors providing direct access to the swimming pool or spa.

6. An alarm that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be independently certified to the ASTM Standard F2208 "Standard Safety Specification for Residential Pool Alarms," which includes surface motion, pressure, sonar, laser, and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature.

7. Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features established by the ASTM or the American Society of Mechanical Engineers (ASME).

FF. Section 317.2.1 is added as follows:

317.2.1 Certification by manufacturers. Heating systems and equipment shall be certified by the manufacturer that the heating system and equipment complies with the following:

1. Efficiency. A thermal efficiency that complies with the Appliance Efficiency Regulations in Title 20, Division 2, Chapter 4, Article 4 of the California Code of Regulations; and CEnC 110.4(a)1.

2. Instructions. A permanent, easily readable and weatherproof plate or card that gives instruction for the energy efficient operation of the pool or spa heater and for the proper care of pool or spa water when a cover is used; and CEnC 110.4(a)3.

3. Electric resistance heating. No electric resistance heating; and

Exception 1 to Section 110.4(a)4: Listed package units with fully insulated enclosures, and with tight-fitting covers that are insulated to at least R-6.

Exception 2 to Section 110.4(a)4: Pools or spas deriving at least 60 percent of the annual heating energy from site solar energy or recovered energy.

GG. Section 901.2 is deleted.

HH. Sections 903-908 are added as follows:

SECTION 903 MATERIALS

903.1 Pumps and motors. Pumps and motors shall be listed and labeled for use in spas.

SECTION 904 STRUCTURE AND DESIGN

904.1 Water depth. The maximum water depth for spas shall be 4 feet (1219 mm) measured from the design waterline except for spas that are designed for special purposes and approved by the authority having jurisdiction. The water depth for exercise spas shall not exceed 6 feet 6 inches (1981 mm) measured from the design waterline.

904.2 Multilevel seating. Where multilevel seating is provided, the maximum water depth of any seat or sitting bench shall be 28 inches (711 mm) measured from the design waterline to the lowest measurable point.

904.3 Floor slope. The slope of the floor shall not exceed 1 unit vertical in 12 units horizontal (8.3-percent slope). Where multilevel floors are provided, the change in depth shall be indicated.

SECTION 905 RETURN AND SUCTION FITTINGS

905.1 Return fittings. Return fittings shall be provided and arranged to facilitate a uniform circulation of water and maintain a uniform sanitizer residual throughout the entire spa or exercise spa.

905.2 Suction fittings. Suction fittings shall be in accordance with Sections 905.2.1 through 905.2.4.

905.2.1 Testing and certification. Suction fittings shall be listed and labeled in accordance with APSP 16.

905.2.2 Installation. Suction fittings shall be sized and installed in accordance with the manufacturer's specifications. Spas and exercise spas shall not be used or operated if the suction outlet cover is missing, damaged, broken or loose.

905.2.3 Outlets per pump. Suction fittings shall be provided in accordance with Section 310.

905.2.4 Submerged vacuum fittings. Submerged vacuum fittings shall be in accordance with Section 310.

SECTION 907 HEATER AND TEMPERATURE REQUIREMENTS

907.1 General. This section pertains to fuel-fired and electric appliances used for heating spa or exercise spa water.

907.2 Water temperature controls. Components provided for water temperature controls shall be suitable for the intended application.

907.2.1 Water temperature regulating controls. Water temperature regulating controls shall comply with UL 873 or UL 372. A means shall be provided to indicate the water temperature in the spa.

Exception: Water temperature regulating controls that are integral to the heating appliance and listed in accordance with the applicable end use appliance standard.

907.2.2 Water temperature limiting controls. Water temperature limiting controls shall comply with UL 873 or UL 372. Water temperature at the heater return outlet shall not exceed 140°F (60°C).

SECTION 908 WATER SUPPLY

908.1 Water temperature. The temperature of the incoming makeup water shall not exceed 104°F (40°C).

(Ord. No. 2022-002, § 2, 11-16-2022; Ord. No. 2025-04, § 3, 11-5-2025)

The building official shall have the right to inspect all trucks, tractors, excavators, and other equipment proposed to be used in the construction of a swimming pool or spa within the city. He/she shall be the sole judge as to the hazard or danger that such equipment may impose on curbs, gutters, sidewalks, and other improvements as may be located in the city right-of-way at or near the construction site, and he/she shall be vested with full authority to prescribe measures for the protection of city improvements.

(Ord. No. 2022-002, § 2, 11-16-2022)

Editor's note— Ord. No. 2025-04, § 6, adopted Nov. 5, 2025, repealed § 15.08.030, which pertained to duty to repair damages caused to city improvements and derived from Ord. No. 2022-002, § 2, adopted Nov. 16, 2022.

Editor's note— Ord. No. 2025-04, § 8, adopted Nov. 5, 2025, repealed § 15.08.040, which pertained to indemnification of city and derived from Ord. No. 2022-002, § 2, adopted Nov. 16, 2022.

Editor's note— Ord. No. 2025-04, § 9, adopted Nov. 5, 2025, repealed § 15.08.050, which pertained to release of bond and derived from Ord. No. 2022-002, § 2, adopted Nov. 16, 2022.