Monrovia Municipal Code Ch. 15.16 Barriers for Swimming Pools and Outside Bodies of Water

(A) Purpose. The purpose of this chapter is to provide minimum standards for the enclosure of swimming pools and outside bodies of water which pose a risk of child drowning or near-drowning.

(B) Scope. This chapter shall apply to any swimming pool or outside body of water having a depth over 24 inches.

(C) Exceptions. The provisions of this chapter shall not apply to the following:

(1) A public swimming pool for which a charge or admission price is required to be paid for use thereof;

(2) A swimming pool which is a part of and situated upon the same premises as a hotel or motel during the time that the owner, operator or adult employee of such owner or operator, is present at and in active charge of the premises upon which such swimming pool is located.

(`83 Code, § 15.16.010) (Ord. 93-28 § 1 (part), 1993)

For the purposes of this chapter, certain terms, words and phrases are defined as follows:

BARRIER. A fence, wall, building or a combination thereof, which completely surrounds a swimming pool or outside body of water and obstructs access to the swimming pool or outside body of water. The word BARRIER as used in this chapter shall include gates, doors or other openings through a barrier.

DWELLING. As defined in the Building Code.

GRADE. The underlying surface such as earth or a paved surface.

SWIMMING POOL. Any structure intended for swimming or recreational bathing that contains water over 24 inches deep. The term SWIMMING POOL shall include in-ground, above-ground and on-ground swimming pools, hot tubs and spas.

SWIMMING POOL, INDOOR. A swimming pool which is totally contained within and surrounded on all four sides by walls of said building.

(`83 Code, § 15.16.020) (Ord. 93-28 § 1 (part), 1993)

Every person, firm or corporation in possession of land within the city, either as owner, purchaser under contract lessee, tenant or licensee, upon which is situated a swimming pool or outside body of water subject to this chapter, shall erect and maintain on the lot or premises upon which the swimming pool or outside body of water is situated, a barrier which shall completely enclose such swimming pool or outside body of water and which shall comply with § 15.16.060.

(`83 Code, § 15.16.030) (Ord. 93-28 § 1 (part), 1993)

(A) Enforcement. It shall be the duty of the Building Official to enforce the provisions of this chapter.

(B) Plans, permits and inspections. All plans for construction of swimming pools shall show compliance with the requirements of this chapter. A separate building permit for construction of the barrier shall be obtained as required by the Building Code prior to inspection of pool reinforcing steel. A swimming pool shall not be plastered or filled with water until the barrier has been constructed and approved. Final inspection and approval shall be withheld until all applicable requirements of this chapter have been met.

(`83 Code, § 15.16.040) (Ord. 93-28 § 1 (part), 1993)

Any barrier erected for the purpose of complying with this chapter shall conform to all zoning regulations of the city; provided further, that no swimming pool shall be constructed where a barrier required by this chapter will be in conflict with said zoning regulations.

(`83 Code, § 15.16.050) (Ord. 93-28 § 1 (part), 1993)

Barriers shall comply with the following requirements:

(A) Permissible barrier types. Barriers may be solid fences or walls without openings except for complying gates and doors; picket or vertical railing fences; chain link or similar fences composed of diagonal members; or the wall of a building.

(B) Height.

(1) The top of the barrier shall be at least five feet above grade measured on the side of the barrier which faces away from the swimming pool or outside body of water.

(2) The maximum vertical clearance between grade and the bottom of the barrier shall be two inches, measured on the side of the barrier which faces away from the swimming pool or outside body of water. An existing barrier erected to protect a swimming pool for which a building permit was issued prior to February l, 1994 may have a vertical clearance of four inches at the bottom of the barrier.

(C) Solid barriers. Solid barriers which do not have openings shall contain no indentations or protrusions, except for tooled masonry joints, on the side of the barrier which faces away from the swimming pool or outdoor body of water. Solid barriers may have occasional openings or cutouts provided such openings or cutouts shall not allow passage of a four-inch-diameter sphere and further provided that such openings or cutouts do not afford ladder-like access.

(D) Picket or vertical railing fences.

(1) Open type barriers shall consist of vertical rails or pickets which may be supported by horizontal members spaced so as to not create ladder-like access. Such horizontal members shall be spaced so that the distance between the tops of the horizontal members are not less than 30 inches;

(2) Where the distance between the tops of horizontal members is less than 45 inches, the spacing between vertical rails or pickets shall not allow the passage of a 1¾-inch sphere. Where such distance is 45 inches or more, the spacing between vertical rails or pickets shall not allow the passage of a four-inch sphere;

(3) Decorative cutouts or ornamentation within vertical members shall not create ladder-like access;

(4) Existing picket or vertical rail fences erected to protect a swimming pool for which a building permit was issued prior to February l, 1994 may have vertical members spaced so that they will not allow passage of a four-inch diameter sphere regardless of the distance between the tops of horizontal members, provided however, that such existing fences were not constructed in such a manner as to create ladder-like access.

(E) Chain link or similar fences composed of diagonal members. Openings in chain link barriers or barriers composed of diagonal members, such as a lattice fence, shall not allow passage of a 1¼-inch sphere. Chain link fences shall be constructed of not less than No. 9 gauge wire.

(F) Access gates. Access gates shall comply with the provisions of divisions (B) through (E) of this section and shall be equipped to accommodate a locking device. Pedestrian-access gates shall open outward away from the swimming pool or outside body of water and shall be equipped with a self-closing and self-latching device designed to keep, and capable of keeping such gate securely closed and latched at all times when not in actual use. Latches shall be mounted not less than four feet six inches above grade measured on the side of the barrier which faces away from the swimming pool or outside body of water.

(G) Building walls.

(1) Building walls which contain openings, other than the walls of a dwelling, shall not be used as a barrier or portion thereof. Where a wall of a dwelling serves as part of the barrier, doors with direct access to the swimming 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 touch-pad 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;

(2) Large windows which, in the opinion of the Building Official, may provide potential access to a swimming pool, shall be equipped with an alarm system;

(3) In addition to dwelling walls, walls of buildings accessory to a dwelling may also be used as the barrier or portion thereof for a swimming pool for which a building permit was issued prior to February 1, 1994. Doors with direct access to a swimming pool for which a building permit was issued prior to February 1, 1994 need not be equipped with an alarm system.

(H) Above-ground pools. 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 shall be capable of being secured, locked or removed to prevent access, or the ladder or steps shall be surrounded by a barrier which meets the requirements of divisions (B) through (F) of this section. When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a four-inch-diameter sphere.

(I) Indoor swimming pools. Doors with direct access to an indoor swimming pool shall comply with division (G) of this section.

(J) Driveways. No barrier or access gate required by this chapter shall be constructed across any driveway.

(K) Posts. Supporting posts for barriers shall be set in concrete. Wood posts shall be treated or a wood of natural resistance to decay, as these terms are defined in the Building Code, and shall have nominal dimensions of four inches by four inches.

(`83 Code, § 15.16.060) (Ord. 93-28 § 1 (part), 1993)