La Mesa Municipal Code Ch. 14.20 Fences

Unless approved by the chief building official, no fence shall be equipped with barbed wire, projecting nails, broken glass, electrical shock equipment or similar security type materials, unless the bottom of such materials or equipment is placed at a height of not less than eight feet above any point of adjacent highest grade located within a five foot distance from the face of the fence.

(Ord. 2536 § 8; August 22, 1989)

The provisions of this section apply to the design and construction of barriers for swimming pools, spas and hot tubs provided for the use by no more than three households and their guests.

(a) Definitions: For the purpose of this section, certain terms, words and phrases are defined as follows:

Aboveground Pool, In-Ground Pool and On-Ground Pool. See definition of swimming pool.

"Barrier" is a fence, wall, building wall or a combination thereof, which completely surrounds the swimming pool and obstructs access to the swimming pool.

"Grade" is the underlying surface such as earth or a walking surface.

Hot Tub. See definition of swimming pool.

Spa. See definition of swimming pool.

"Swimming pool" is any structure intended for swimming or recreational bathing that contains water over eighteen inches deep. This includes in-ground, aboveground and on-ground swimming pools, hot tubs and spas.

"Swimming pool, indoor" is a swimming pool which is totally contained within a residential structure and surrounded on all four sides by walls of said structure.

"Swimming pool, outdoor" is any swimming pool which is not an indoor pool.

"Exit alarms" are 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.

(b) Requirements. An outdoor swimming pool, including an in-ground, aboveground or on-ground pool, hot tub or spa shall be provided with a barrier which shall comply with the following:

(1) The top of the barrier shall be at least sixty inches above grade measured on the side of the barrier which faces away from the swimming pool and shall be constructed to withstand the forces outlined in the Building Code. The maximum vertical clearance between grade and the bottom of the barrier shall be four inches measured to a hard surface such as concrete or two inches to earth. This measurement shall be taken on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade, such as an aboveground pool, the barrier may be at ground level, such as the pool structure, or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be four inches.

(2) Openings in the barrier shall not allow passage of a four-inch diameter sphere.

(3) Solid barriers which do not have openings, such as masonry or stone walls, shall not contain indentations or protrusions except for tooled masonry joints.

(4) Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than forty-five inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed two inches width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed two inches in width.

(5) Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is forty-five inches or more, spacing between vertical members shall not exceed four inches. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed two inches in width.

(6) Maximum mesh size for chain link fences shall be a two inch square. The wire shall not be less than eleven and one-half gauge.

(7) Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall be no more than two inches square.

(8) Access gates shall comply with the requirements of items (1) through (7) and shall be equipped to accommodate a locking device no less than sixty inches above grade. Pedestrian-access gates shall open outward away from the pool and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall comply with the requirements of items (1) through (7) and shall be equipped with a locking device.

(9) 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 (i) the ladder or steps shall be capable of being secured, locked or removed to prevent access or (ii) the ladder or steps shall be surrounded by a barrier which meets the requirements of subsections (B)(1) through (B)(8). When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a four-inch-diameter sphere.

(10) Hot tubs and spas located outdoors and not exceeding sixty-four square feet of water surface may have rigid looking safety covers that comply with American Society for Testing and Materials (ASTM) Standards F1346-91 in lieu of the barrier required by this section.

(11) Outdoor swimming pools may have a manually or power-operated safety pool cover that complies with all of the performance standards of ASTM F1346-91 in lien of the barrier required by this section.

(12) When the house forms part of the swimming pool barrier and the house wall has door openings that lead directly into the pool yard area, one of the following child safety features must be provided:

(a) The pool area must be isolated from the home by an additional barrier as described in this section;

(b) The pool must be equipped with an approved safety cover as described in Section 14.20.020(B)(10);

(c) The residence must have exit alarms on all doors leading from the house directly to the pool yard area;

(d) All doors leading to the pool yard area must have self-closing, self-latching door hardware with a release mechanism no less than fifty-four inches above the floor.

(13) Where unusual circumstances exist that make strict enforcement of this section impractical, the building official may grant modifications for individual cases per Section 104.2.7 of the California Building Code, 1998 Edition.

(Ord. 1142 § 1 (part); April 5, 1960: Ord. 2536 § 8; August 22, 1989: Ord. 96-2663 § 8; January 9, 1996: Ord. 99-2697 § 4; June 22, 1999)

Repealed by Ord. 96-2663 § 9; January 9, 1996.

Repealed by Ord. 96-2663 § 9; January 9, 1996.

Repealed by Ord. 96-2663 § 9; January 9, 1996.

Repealed by Ord. 96-2663 § 9; January 9, 1996.

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 as contained in this code and the state law. 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. 1142 § 1 (part); April 5, 1960)

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

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

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

(Ord. 1142 § 1 (part); April 5, 1960)

A. Exclusive Duty to Supervise. Swimming pools constructed, maintained or used on the premises of any hotel, motel, apartment house, private club or institution, where use of such pool is continuously supervised by an adult lifeguard or managing employee assigned exclusively to such supervision, shall be exempt from the fencing requirements.

B. FAILURE TO SUPERVISE. In the event that the owner of the premises of any hotel, motel, apartment house, private club or institution, fails to provide continuous supervision of a swimming pool as required in paragraph A, then the swimming pool shall be enclosed as required by Section 14.20.030.

C. INDOOR POOLS. All swimming pools which are completely contained within the walls of a building shall be exempt from the provisions of the fencing requirements.

(Ord. 1142 § 1 (part); April 5, 1960)

All swimming pools shall have the fence and gates set forth in Sections 14.20.030 and 14.20.040 or approved equivalent protection, in place prior to the initial filling of the pool.

(Ord. 1142 § 1 (part); April 5, 1960)

A violation of any provision or the failure to comply with any of the requirements established by this chapter shall constitute a misdemeanor. Any person convicted of such violation or such failure shall be punishable by a fine of not more than five hundred dollars or by imprisonment in the county jail for a period of not more than six months or by both fine and imprisonment.

(Ord. 1142 § 1 (part); April 5, 1960)