Monte Sereno Municipal Code Ch. 9.08 Barriers for Swimming Pools, Spas and Hot Tubs

The City Council finds that there is a constantly growing number of privately owned swimming pools, spas and hot tubs within the City of Monte Sereno and that the maintenance of either private or public swimming pools, spas and hot tubs without protective measures constitutes a severe hazard to the safety of the inhabitants, and particularly to the small children, of the City of Monte Sereno. Therefore, the primary purpose of this Chapter is to establish minimum standards and requirements relating to barriers for swimming pools, spas and hot tubs, and procedures by which these standards and requirements may be enforced. It is intended that this Chapter be administered with the foregoing purposes in mind.

(Ord. 119 § 1 (part), 1999)

For the purpose of this Section, certain terms, words and phrases are defined as follows:

A. "Swimming pool" is any structure intended for swimming or recreational bathing that contains water over eighteen (18) inches deep. "Swimming pool" includes in-ground and aboveground structures and includes but is not limited to hot tubs, spas, portable spas, and nonportable wading pools.

B. "Enclosure" means a fence, wall, or other barrier that isolates a swimming pool from access to the home.

C. "Exit alarm" means devices that make audible, continuous alarm sound 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.

D. "Approved safety swimming pool cover" means pool covers that meet the requirements for swimming pool, spa and hot tub safety covers as listed below. The standard listed below is a recognized standard.

ASTM F 1346-91, Standard Performance Specification for Safety Covers and Labeling Requirement for All Covers for Swimming Pools, Spas and Hot Tubs.

(Ord. 119 § 1 (part), 1999)

Commencing from the effective date of the ordinance codified in this chapter, whenever a construction permit is issued for construction of a new swimming pool or alteration of an existing swimming pool at a private, single/multi-family home, it shall be equipped with at least one of the following safety features:

A. The swimming pool shall be isolated from access to a home by an enclosure that meets the requirements of Section 9.08.040.

B. The swimming pool shall be equipped with an approved safety swimming pool cover.

C. The residence shall be equipped with exit alarms on those doors providing direct access to the swimming pool.

D. All doors providing direct access from the home to the swimming pool shall be equipped with a self-closing, self-latching device with a release mechanism placed no lower than fifty-four (54) inches above the floor.

E. Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the devices set forth in subsections (A) through (D) of this section inclusive, as determined by the Building Official.

(Ord. 119 § 1 (part), 1999)

The enclosure shall be constructed to the following standard:

A. The top of the enclosure shall be a minimum height of sixty (60) inches above grade measured on the side of the enclosure that faces away from the swimming pool;

B. Any access gates through the enclosure shall open away from the swimming pool, be self-closing and self-latching with the device placed no lower than sixty (60) inches to grade;

C. The maximum vertical clearance from grade to the bottom of the enclosure of two (2) inches;

D. Gaps or voids, if any, do not allow passage of a sphere equal to or greater than four (4) inches in diameter;

E. An outside surface free of protrusions, cavities, or other physical characteristics that would serve as handholds or footholds that could enable a child below the age of five (5) years to climb over; and

F. Where a wall or walls of a private, single-family dwelling serves as part of the enclosure and contains door openings between the dwelling unit and the swimming pool that provide direct access to the swimming pool, one or more of the safety features meeting the requirements of Section 9.08.030 (A) through (E) shall be provided.

(Ord. 119 § 1 (part), 1999)

Any person entering into an agreement to build or alter a swimming pool shall give the consumer notice of the requirements of this chapter.

(Ord. 119 § 1 (part), 1999)

The requirements of this chapter do not apply to the following:

A. Public swimming pools; or

B. Hot tubs or spas with locking safety covers that comply with the American Society for Testing Materials-Emergency Performance Specification (ASTM-ES 13-89).

(Ord. 119 § 1 (part), 1999)