Martinez Municipal Code Ch. 17.36 Enclosures

All swimming pools within the jurisdiction of this Administrative Authority shall be fenced with an approved fence as provided in this title.

(Prior code § 9904(A))

An approved fence shall meet the following requirements:

A. Every person in possession of land within the jurisdiction of this local Administrative Authority, either as an owner, purchaser under contract, lessee, tenant, licensee or otherwise, upon which land is situated a swimming pool of other out-of-doors body of water designed, constructed and used for swimming, dipping or immersion purposes by men, women or children, having a depth in excess of 18 inches or with a surface area exceeding 250 square feet, shall maintain on the lot or premises upon which such pool or body is located, and completely surrounding such pool or body of water, a fence or wall not less than 4 feet, 6 inches high (measured outside the enclosure), with openings, holes or gaps therein no larger than 4 inches measured horizontally, except for doors or gates, provided however that a dwelling house or accessory building may be used as apart of the enclosure upon approval of the Building Official.

B. The maximum vertical clearance between grade and bottom of the fence/barrier shall be 2 inches measured on the side of the barrier which faces away from the pool. Where the top of the pool structure is above grade the barrier may be at ground level.

C. Where the fence/barrier is made of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1 ¾ inches in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1 ¾ inches in width.

D. Maximum mesh size for chain link fences shall be a 1 ¼ inch square unless the fences is provided with slats fastened at the top or the bottom which reduce the openings to 1 ¾ inches or less, the wire shall not be less than #9 gauge.

E. Where the barrier is made of diagonal members the maximum openings formed by the diagonal members shall be 1 ¾ inches or less.

F. Access gates shall comply with the same requirements as for fences/barriers and shall be equipped with a locking device. Pedestrian-access gates shall open outward away from the pool and shall have a self-closing and latching device. Gates other than pedestrian access gates shall have a self—latching device. Where the release mechanism of the self-latching device is located less than 54 inches from the bottom of the gate, (a) the release mechanism shall be located on the pool side of the gate at least 3 inches below the top of the gate, and (b) the gate and barrier shall have no openings greater than ½ inch within 18 inches of the release mechanism.

G. Where a wall of a dwelling serves as part of the barrier, doors with direct access to the pool through that wall shall be equipped with an alarm which produces an audible warning when the door and its screen, if present, are opened. The alarm shall sound continuously for a minimum of 30 seconds immediately after the door is opened, and be capable of being heard throughout the house during normal household activities. The alarm shall automatically reset under all conditions. The alarm system shall be equipped with a manual means, such as a touchpad or switch, to temporarily deactivate the alarm for a single opening. Such deactivation shall last for no more than 15 seconds. The deactivation switch shall be located at least 54 inches above the threshold of the door. Other means of protection, such as self-closing doors with self-latching devices approved by the Building Official, shall be acceptable so long as the degree of protection afforded is not less than the protection afforded by the alarm system described above.

H. 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 (a) the ladder or steps shall be capable of being secured, locked or removed to prevent access or (b) the ladder or steps shall be surrounded by a barrier which meets the requirements for fences/barriers. When the ladder or steps is secured, locked or removed, any openings created shall not allow the passage of a 4 inch diameter sphere.

I. Doors leading directly to indoor swimming pools shall comply with the requirements in G above and other applicable sections.

(Prior code § 9904; Ord. 916 C.S. § 8, 1980; Ord. 1188 C.S. § III, 1992)

The Administrative Authority may grant an exception to the requirements of fencing a swimming pool when he finds there is a barrier existing on the premises by reason of vegetation, landscaping, or topography suitable to prevent children from straying into the pool.

(Prior code § 9904)