Chapter 15.40 — SWIMMING POOLS

The City Council finds that there is an unusually large number of privately owned swimming pools within the city, and that the maintenance of these pools without adequate protective measures constitutes a severe hazard to the safety of the inhabitants, and particularly to the small children of the city. (CCCC § 718-4.102)

A. All swimming pools in the city shall be fenced with an approved fence as provided in this chapter. B. The Director of Building Inspection is authorized and directed to enforce and administer the provisions of this chapter. C. Upon presentation of proper credentials, the Director of Building Inspection or his or her duly authorized representatives may enter at reasonable times any premises in the city to perform duties imposed on him or her by this chapter. (CCCC § 718-4.104)

Swimming pools shall be constructed so that there shall be at least five feet between a side lot line or a rear lot line and the swimming pool. (CCCC § 718-4.106)

For any swimming pool constructed pursuant to a swimming pool permit issued after September 14, 1984, an approved fence shall meet the requirements of Sections 15.40.050 and 15.40.060. (CCCC § 718-4.302)

A. Every person in possession of land within the city, either as owner, purchaser under contract, lessee, tenant, licensee or otherwise, upon which land is situated a swimming pool shall maintain on the lot or premises upon which such pool is located, and completely surrounding such pool, a fence not less than four and one-half feet high, with openings, holes or gaps therein no larger than four inches measured horizontally, except for doors or gates. The fence shall be installed before the pool is put into use. B. A building wall may be used as part of such fence enclosure where it is not a dwelling house (residence) wall with doors or other exit openings to the pool. C. All gates or doors opening through such fence enclosure shall be equipped with a self-closing and self- latching device designed to keep, and capable of keeping, such door or gate securely closed at all times when not in actual use, and such latching shall be placed at least four feet above the ground level, or otherwise made inaccessible from the outside of the enclosure to small children. (CCCC § 718-4.304)

After approval of the Director of Building Inspection, one of the following may be provided in lieu of the section of the fence enclosure separating the dwelling house (residence) from the pool: A. A safety-type pool cover, either manual or automatic, or a pool dome; B. An alarm capable of detecting unauthorized entry into the pool which when activated emits a sound of sufficient volume to be heard in the dwelling; C.

An audible alarm(s) on all exits of the dwelling opening to the pool; and D. Self-closing and self-latching devices on all exits from the dwelling opening to the pool. (CCCC § 718-4.306)

For any swimming pool constructed pursuant to a swimming pool permit issued prior to September 15, 1984, an approved fence shall meet the requirements of Sections 15.40.080 through 15.40.100. (CCCC § 718-4.502)

A. Every person in possession of land within the city, either as owner, purchaser under contract, lessee, tenant, licensee or otherwise, upon which land is situated a swimming pool or 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 eighteen (18) inches, or with a surface area exceeding two hundred fifty (250) square feet, shall maintain on the lot or premises upon which such pool or body of water located, and completely surrounding such pool or body of water, a fence or wall not less than four and one-half feet high, with openings, holes or gaps therein no larger than four inches measured horizontally, except for doors or gates; provided, however, that a dwelling house or accessory building may be used as a part of such enclosure. The fence shall be installed before the pool is put to use. B. All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device designed to keep, and capable of keeping, such door or gate securely closed at all times when not in actual use; provided, however, that the door of any dwelling occupied by human beings and forming a part of the enclosure hereinabove required need not be so equipped, with the exception of breezeways, back doors of garages, and similar structures, affording access to the pool, which shall be self-closing and self-latching, with such latching placed at least four feet above the ground level, or otherwise made inaccessible from the outside to small children. (CCCC § 718-4.504)

The fence required by Section 15.40.080 need not be erected or maintained when all of the following conditions exist: A. The lot is not smaller than twenty thousand (20,000) square feet, not including any area within the lines of a public road;

B. The density of residential development within a radius of two hundred fifty (250) feet surrounding the pool does not exceed a total of four residences, including the residence with the pool; C. The pool is not within three hundred (300) feet of a public school, private school, or public playground; D. The pool is not within fifty-five (55) feet of an inhabited dwelling on adjacent property. (CCCC § 718-4.506)

The Director of Building Inspection may grant an exception to the requirements of Sections 15.40.080 and 15.40.090, fencing of a swimming pool, when he or she is satisfied that there is a barrier existing on the premises by reason of vegetation, landscaping or topography suitable to protect the pool and to protect children from straying into the pool. (CCCC § 718-4.508)

Any person dissatisfied with the decision of the Director of Building Inspection in his or her application of this chapter may submit an appeal of such decision to the Planning Commission. The method of appeal shall be as described in Chapter 2.40. (CCCC § 718-4.702)