La Verne Municipal Code Ch. 15.28 Fences

Note: Prior history: Prior code §§ 9980—9984 and Ord. 812.

Fences, walls, hedges and other barriers within the city shall be governed by the regulations provided in this chapter.

(Ord. 944 § 2, 2000)

A fence permit shall first be obtained from the community development department before the construction of any fence or wall equal to or exceeding three feet in height. The fee for the permit will be set by city council resolution. In addition, a building permit must be obtained for any fence or wall abutting public rights-of-way or where any portion of a fence or wall serves as a retaining structure. Any property abutting or within public rights-of-way must also comply with Section 12.04.010.

(Ord. 944 § 2, 2000)

The following limitations shall regulate the construction of any fence, wall, hedge, or other barrier in all agricultural, residential and commercial zones:

A. Front Yard. Fences, walls, hedges and other barriers shall not exceed three feet (.9144 meter) in height when situated on or within the front yard setback.

B. Side Yard. Fences, walls, hedges and other barriers shall not exceed six feet (1.8288 meters) in height when situated on or within the side yard except that within ten feet (3.048 meters) on either side of a driveway approach in any side yard abutting a street the height limitation shall be three feet (.9144 meter).

C. Rear Yard. Fences, walls, hedges and other barriers shall not exceed six feet (1.8288 meters) in height when situated on or within the rear yard.

(Ord. 944 § 2, 2000)

A. Alley Intersections. Fences, walls, hedges, and other barriers extending into the triangle formed by intersecting alley lines and a line joining the two points ten feet (3.048 meters) from the point of intersection, except where corner cut-offs are provided, shall have a height limitation of three feet (.9144 meter).

B. Corner Lots. Excepting reverse corner lots, a six-foot high fence, hedge, or wall may be located on the side property lines on the street side of a corner lot, except within the corner cut-off areas defined in Section 15.28.040(A).

C. Reverse Corner Lots. No fence, wall or hedge over three feet in height shall be permitted in any required front yard or in any required side yard on the street side of a reverse corner lot.

(Ord. 944 § 2, 2000)

In cases where there is a difference of elevation between adjoining lots not exceeding two feet along a common property line, the six-foot wall height shall be determined by measurement from the ground level on the higher side of the lot line. Where there is difference in elevation in excess of two feet, fences, walls, and hedges shall be permitted, but not to exceed a maximum overall height of eight feet. (Height to be determined by measurement from the ground level on the lower side of the lot line.)

(Ord. 944 § 2, 2000)

Section R332 of Residential Code and Section 3109 amended—Pool barriers.

A. Section R332 of Residential Code. Section R332 is hereby added to the California Residential Code to read, in word and figures, as follows:

R332. Pool Barrier Requirements. Pool barrier criteria are not explicitly located within the California Residential Code and are intended to refer to the California Building Code.

Where any body of water over 18″ occurs, refer to California Building Code Section 3109 for pool barrier requirements.

B. Section 3109.3 of Building Code. Section 3109.3 of the California Building Code is hereby added to read, in words and figures, as follows:

Section 3109.3 – Private Swimming Pools. Section 3109.3 is added to clarify that pool barriers shall apply on all private swimming pools as follows:

3109.3 Residential swimming pools. Residential swimming pools shall be completely enclosed by a barrier complying with Sections 3109.3.1 through 3109.3.3.

Exception: A swimming pool with a power safety cover or a spa with a safety cover complying with ASTM F1346 need not comply with this section.

3109.3.1 Barrier height and clearances. The top of the barrier shall be not less than 60 inches (1,219 mm) above grade measured on the side of the barrier that faces away from the swimming pool. The vertical clearance between grade and the bottom of the barrier shall be not greater than 2 inches (51 mm) measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on top of the pool structure, and the vertical clearance between the top of the pool structure and the bottom of the barrier shall be not greater than 4 inches (102 mm).

3109.3.1.1 Openings. Openings in the barrier shall not allow passage of a 4-inch-diameter (102 mm) sphere.

3109.3.1.2 Solid barrier surfaces. Solid barriers which do not have openings shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.

3109.3.1.3 Closely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches (1,143 mm), the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall be not greater than 1¾ inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 1¾ inches (44 mm) in width.

3109.3.1.4 Widely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches (1,143 mm) or more, spacing between vertical members shall be not greater than 4 inches (102 mm). Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 1¾ inches (44 mm) in width.

3109.3.1.5 Chain link dimensions. Mesh size for chain link fences shall be not greater than a 2¼-inch square (57 mm square) unless the fence is provided with slats fastened at the top or the bottom that reduce the openings to not more than 1¾ inches (44 mm).

3109.3.1.6 Diagonal members. Where the barrier is composed of diagonal members, the opening formed by the diagonal members shall be not greater than 1¾ inches (44 mm).

3109.3.1.7 Gates. Access doors or gates shall comply with the requirements of Sections 3109.3.1.1 through 3109.3.1.6 and shall be equipped to accommodate a locking device. Pedestrian access doors or gates shall open outward away from the pool and shall be self-closing and have a self-latching device. Doors or gates other than pedestrian access doors or gates shall have a self-latching device. Release mechanisms shall be in accordance with Sections 1010.1.9 and 1109.13. Where the release mechanism of the self-latching device is located less than 54 inches (1,372 mm) from the bottom of the door or gate, the release mechanism shall be located on the pool side of the door or gate 3 inches (76 mm) or more, below the top of the door or gate, and the door or gate and barrier shall be without openings greater than ½ inch (12.7 mm) within 18 inches (457 mm) of the release mechanism.

3109.3.1.8 Dwelling wall as a barrier. Where a wall of a dwelling serves as part of the barrier, one of the following shall apply:

1. Doors with direct access to the pool through that wall shall be equipped with an alarm that produces an audible warning when the door or its screen, if present, are opened. The alarm shall be listed and labeled in accordance with UL 2017. In dwellings not required to be Accessible units, the deactivation switch shall be located 54 inches (1,372 mm) or more above the threshold of the door. In dwellings required to be Accessible units, the deactivation switch shall be located not higher than 54 inches (1,372 mm) and not less than 48 inches (1,219 mm) above the threshold of the door.

2. The pool shall be equipped with a power safety cover that complies with ASTM F1346.

3. Other means of protection, such as self-closing doors with self-latching devices, which are approved, shall be accepted so long as the degree of protection afforded is not less than the protection afforded by Item 1 or 2 above.

3109.3.1.9 Pool structure as barrier. Where an above-ground 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 either shall be capable of being secured, locked or removed to prevent access, or the ladder or steps shall be surrounded by a barrier that meets the requirements of Sections 3109.3.1.1 through 3109.3.1.8. Where the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a 4-inch-diameter (102 mm) sphere.

3109.3.2 Indoor swimming pools. Walls surrounding indoor swimming pools shall not be required to comply with Section 3109.3.1.8.

3109.3.3 Prohibited locations. Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers.

(Ord. 944 § 2, 2000; Ord. 1000 § 13, 2007; Ord. 1020 § 7, 2010; Ord. 1042 § 6, 2013; Ord. 1075 § 6, 2016; Ord. 1088 § 7, 2019)

All plans hereafter submitted to the city for swimming pools, wading pools, or fish ponds to be constructed shall show compliance with the requirements of Section 15.28.060, and final inspection and approval of all such pools hereafter constructed shall be withheld until all requirements of Section 15.28.060 shall have been complied with. No swimming pool shall be filled with water until such time as all fences and gates as outlined in this chapter have been installed and final inspection and approval of same given by the city.

(Ord. 944 § 2, 2000)

All swimming pools and mechanical equipment shall be set back by a minimum of five feet from the property line.

(Ord. 944 § 2, 2000)