§ 19.12

The board of supervisors finds that there is a large number of privately owned decorative pools, ponds and other artificially created bodies of water that are not intended for swimming or recreational bathing within the county and that the maintenance of such bodies of water without adequate supervision or protective measures constitutes a severe hazard to the safety of the inhabitants and particularly to the small children of the unincorporated territory of the county.

Swimming pools or pools intended for swimming or recreational bathing, including but not limited to inground and above-ground structures, hot tubs, spas, portable spas and non-portable wading pools are not subject to the requirements of this chapter. Swimming pools or pools intended for swimming or recreational bathing shall be subject to the requirements of Section 3109 Swimming Pools, Spas and Hot tubs, of Chapter 31 of the current edition of the California Building Code (Title 24, Part 2) of the California Code of Regulations, as adopted by Section 19.04.010 of this code.

(Ord. No. 3658, § II(exh. A), 2016; Ord. No. 3718, § II, 2019)

Every person who owns or is in possession of any premises on which there is situated a decorative pool, fish pond, or any outside body of water created by artificial means, any portion of which is eighteen inches deep or more, shall maintain, on the lot or premises upon which such body of water is located and completely surrounding such body of water, lot, or premises, a fence, wall, or other structure, not less than five feet in height with no openings, except doors or gates, with an area greater than fifty square inches, except that a rectangular opening having no horizontal dimension exceeding four inches may have a greater area. Such fence, wall, or other structure shall be constructed as follows:

(a)

Wood fences. Wood fences shall have posts not less than three inches by three inches, spaced not over ten feet on centers, and embedded at least eighteen inches into the ground. Posts, other than redwood, shall be treated with a preservative. Fencing shall be at least one-half inch in thickness and fastened securely to at least two rails not less than two inches by three inches in cross section.

(b)

Wire fences. Wire fences shall be constructed of wire mesh of not less than eleven gauge galvanized steel wire mounted on wood posts and rails conforming to subsection A above, or supported on one and onefourth inch diameter galvanized pipe spaced not over ten feet on centers. All pipes shall be embedded at least twelve inches into concrete fill in holes not less than six inches in diameter and eighteen inches in depth.

(c)

Masonry fences. Masonry fences shall be supported on a foundation of concrete extending at least twelve inches below grade, at least twelve inches in width, and at least six inches in thickness. Wall steel, when required, shall be embedded sixteen diameters into the footing.

(d)

Approved alternate. If the chief building official finds that any other type of construction has resulted in, or will result in, a fence in all respects the equivalent in strength and durability to a fence constructed as provided in subsections (a), (b), and (c) of this section, such type of construction may be used.

The standards contained in this section shall be regarded as minimum standards and all fences, walls, or other structures constructed pursuant to this chapter shall in addition comply with any more restrictive standards that may be imposed by other ordinances and regulations of the county.

(Ord. No. 3658, § II(exh. A), 2016)

In lieu of maintaining a fence, such persons may provide a competent person who shall keep such body of water under observation at all times while water stands therein at a depth of two feet or greater. In the event such body of water is not under the observation of a competent person, a pool cover or other protective device approved by the chief building official may be used.

(Ord. No. 3658, § II(exh. A), 2016)

Gates or doors opening through the fence wall or structure protecting such body of water as required by this chapter shall be equipped with self-closing and self-latching devices capable of keeping such gate or door securely closed at all times when not in actual use. Such latching devices shall be located on the inside of such gates and doors.

Such doors or gates shall be of such size as to completely fill any opening in the fence or wall. The owner or person in possession of the premises on which such body of water exists shall keep such doors and gates closed and securely latched at all times when such body of water is not under supervision by a competent person.

(Ord. No. 3658, § II(exh. A), 2016)

Any body of water which would otherwise be regulated by this chapter may be exempted from the provisions of this chapter if one of the following conditions is found to apply as to the location of that body of water:

(1)

In an area sufficiently remote from residential areas so as not to constitute a hazard for small children;

(2)

Where terrain conditions or dense vegetation effectively prevent the passage of small children;

(3)

On public or quasi-public property intended for decorative or recreational use, including fishing and boating;

(4)

Any artificially created body of water on a parcel of land of a minimum size of two acres where that body of water is no closer than seventy-five feet to any property line, and has a bank slope equal to or flatter than a ratio of six horizontal to one vertical; or

(5)

Decorative bodies of water less than eighteen inches in depth. Application for such an exemption shall be filed with the chief building inspector and shall be granted only after a public hearing, and only if it is the finding of the chief building inspector that such body of water complies with one or more of the conditions set forth herein.

The decision of the chief building inspector may be appealed to the board of supervisors in writing within five days of the chief building inspector's written decision delivered to the applicant for exemption. The chief building inspector shall transmit the appeal to the board of supervisors within thirty days of its filing. The decision of the board shall be final.

(Ord. No. 3658, § II(exh. A), 2016)

Chapter 19.13 - GATE SAFEGUARDS