§ 15.66

The purpose of this chapter is to protect small children from the danger of falling into outdoor swimming or wading pools.

(Ord. No. 2000 N.S., § 17, 1-26-2011; Ord. No. 2095 N.S., § 2, 11-20-2013)

15.66.020 - Swimming or wading pool defined.

"Swimming or wading pool," as used in this chapter, means an artificial basin, chamber or tank constructed of impervious material, which is attached to land in a permanent manner or is intended as a permanent installation, and having a depth of eighteen inches or more, and used, or intended to be used, for swimming, diving, wading or recreational bathing.

(Ord. No. 2000 N.S., § 17, 1-26-2011; Ord. No. 2095 N.S., § 2, 11-20-2013)

15.66.030 - New construction to conform with chapter provisions—Submittal of plans.

On and after the effective date of the ordinance codified in this chapter, no person who owns or is in possession of any premises, whether as legal or equitable owner, purchaser under contract, tenant or licensee, shall construct, install or place, or permit to be constructed, installed or placed, on or within such premises, any outdoor swimming or wading pool unless the same is enclosed or protected in the manner provided in this chapter. After such date, no building permit shall be issued for any such swimming or wading pool unless the plans for the same have been submitted and approved by the building department of the city and comply with both the California Building Code and the provisions of this chapter.

(Ord. No. 2000 N.S., § 17, 1-26-2011; Ord. No. 2095 N.S., § 2, 11-20-2013; Ord. No. 2337 N.S., § 8, 11-22022)

15.66.040 - Enclosure protection required—Specifications.

A.

Each outdoor swimming or wading pool constructed, installed, or placed within any premises on or after the effective date of the ordinance codified in this chapter shall be completely enclosed by a fence, wall, or other structure. Such fence, wall, or structure shall be not less than five feet in height at all points and shall be located a minimum of four feet from the nearest edge of the pool. The surrounding fence, wall, or other structure may consist of a house, building, or other permanent construction. The vertical clearance from the ground to the bottom of the enclosure shall be less than two inches. Gaps or voids in all required enclosures shall not allow a sphere of four inches in diameter to pass through. The enclosure shall be free of protrusions, cavities or other physical characteristics that would serve as handholds or foothold that would allow a small child to climb over the enclosure from the outside of the enclosure.

B.

Any access gate through the enclosure shall open away from the pool, be self-closing and be equipped with a self-latching device not lower than sixty inches above the ground. Any door that opens directly into the enclosure from a structure shall be self-closing and be equipped with a self-latching mechanism at least fifty-four inches above the threshold or be equipped with an approved door alarm. The alarm shall sound within seven seconds after the door and its screen, if present, are opened. The alarm shall sound continuously at eight-five dB at ten feet for a minimum of thirty seconds and shall automatically reset under all conditions. A fifteen-second temporary bypass switch shall be located at least fifty-four inches above the threshold.

(Ord. No. 2000 N.S., § 17, 1-26-2011; Ord. No. 2095 N.S., § 2, 11-20-2013; Ord. No. 2221 N.S., § 8, 11-22016; Ord. No. 2337 N.S., § 8, 11-2-2022)

15.66.050 - Enclosure protection required—Maintenance.

Any person who is required by the terms of this chapter to provide an adequate enclosure for a swimming or wading pool shall maintain the enclosure and all elements that create the enclosure. An existing pool enclosure shall not be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.

(Ord. No. 2000 N.S., § 17, 1-26-2011; Ord. No. 2095 N.S., § 2, 11-20-2013; Ord. No. 2276 N.S., § 63, 5-22018; Ord. No. 2337 N.S., § 8, 11-2-2022)

The provisions of this chapter shall not apply to swimming or wading pools, owned, operated and maintained by governmental bodies or political subdivisions thereof.

(Ord. No. 2000 N.S., § 17, 1-26-2011; Ord. No. 2095 N.S., § 2, 11-20-2013)

15.66.070 - Existing installations—Determination and conformance to chapter provisions.

A.

From and after the effective date of the ordinance codified in this chapter, the city building inspector or his or her authorized representative shall determine whether any existing swimming or wading pool which was constructed, installed, or placed within any premises in the city prior to the effective date of the ordinance codified in this chapter constitutes a health or safety hazard by virtue of such pool not being completely enclosed by a fence, wall, or other structure as provided in Section 15.66.040 of this chapter.

B.

Should the building inspector determine that a hazard exists as defined in this chapter, he or she may order the person legally responsible for the premises to comply with the provisions of this chapter in order to alleviate the unsafe or unhealthful condition. The building inspector shall in his or her order specify a reasonable time not to exceed thirty days for compliance with the order. It is unlawful to fail to comply with such order.

(Ord. No. 2000 N.S., § 17, 1-26-2011; Ord. No. 2095 N.S., § 2, 11-20-2013; Ord. No. 2221 N.S., § 8, 11-22016; Ord. No. 2276 N.S., § 63, 5-2-2018; Ord. No. 2337 N.S., § 8, 11-2-2022)

15.66.080 - Appeal procedures.

A.

Any person claiming to be aggrieved by an order of the city building inspector issued pursuant to this chapter may appeal the same by filing a written notice thereof with the city clerk. This appeal notice must be filed within ten days of receipt of the order of the building inspector, and must set forth the reasons and grounds for the appeal.

B.

The city council upon consideration of the appeal, may amend, modify or vacate the order of the building inspector, and the decision of the city council shall be final.

(Ord. No. 2000 N.S., § 17, 1-26-2011; Ord. No. 2095 N.S., § 2, 11-20-2013)

It is unlawful for any person to violate any of the provisions of this chapter or to fail to comply with the proper order of the building inspector as provided for in this chapter.

(Ord. No. 2276 N.S., § 63, 5-2-2018)

Editor's note— Ord. No. 2276 N.S., § 63, adopted May 2, 2018, amended § 15.66.090 in its entirety to read as herein set out. Former § 15.66.090 pertained to violation—penalty and derived from Ord. No. 2000 N.S., § 17, adopted Jan. 26, 2011; and Ord. No. 2095 N.S., § 2, adopted Nov. 20, 2013.

Chapter 15.80 - FLOOD DAMAGE PREVENTION