San Diego County Municipal Code Ch. 1 County Adoption of the California Building Code with County Amendments

(Added by Ord. No. 10146 (N.S.), effective 5-13-11; repealed and reenacted by Ord. No. 10464 (N.S.), effective 4-14-17; repealed and adopted by Ord. No. 10651 (N.S.), effective 2-28-20; repealed and adopted by Ord. No. 10829 (N.S.), effective 3-10-23; repealed and adopted by Ord. No. 10982 (N.S.), effective 4-3-26)

Sec. 3109.3 is added to the California Building Code to read:

Commencing January 1, 1998, whenever a construction permit is issued for construction of a new swimming pool at a private, single-family home or duplex, the swimming pool shall be separated from neighboring properties by a permanent enclosure that meets the requirements of section 3109.4. Additionally the pool shall be equipped with the safety features required by section 3109.2, with at least one of the safety features also complying with one of the following:

1. The pool shall be isolated from access to a home and other habitable buildings on the lot by an enclosure that meets the requirements of section 3109.4.

2. The pool shall be equipped with an electrically operated approved safety pool cover meeting ASTM F 1346 that can be opened or closed with a single switch. The switch shall be placed at least 54 inches above the ground.

3. The residence shall be equipped with an exit alarm on each door providing direct access to the pool. The alarm shall sound continuously for a minimum of 30 seconds, within seven seconds after the door and its screen, if present, are opened, and be capable of providing a sound pressure level of not less than 85 B when measured indoors at a distance of 10 feet from the alarm. The alarm shall automatically reset under all conditions. The alarm system shall be equipped with a manual means, such as a touchpad or switch, placed no lower than 54 inches above the floor, to temporarily deactivate the alarm for a single opening, but the alarm shall not be equipped with an on/off switch. The deactivation shall be for no more than 15 seconds.

4. 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 54 inches above the floor. The home shall also have a minimum of one exit door that does not provide direct access to the swimming pool and that complies with exit door regulations of the County Building Code.

5. 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 Items 1-4 above, as determined by the building official. Any ordinance governing child access to pools adopted by the County on or before January 1, 1997, is presumed to afford protection that is equal to or greater than that afforded by any of the safety features listed in Items 1-4.

Exception: On a lot or parcel having a net area of three acres or greater, a swimming pool enclosure that separates the pool from neighboring properties is not required when the minimum distance from the closest edge of the pool, measured directly to the nearest property line, is at least 100 feet.

Exception: The enclosure and safety feature requirements of this chapter do not apply to a self-contained hot tub or spa equipped with a locking safety cover listed to ASTM F 1346.

(Added by Ord. No. 10146 (N.S.), effective 5-13-11; repealed and reenacted by Ord. No. 10464 (N.S.), effective 4-14-17; repealed and adopted by Ord. No. 10651 (N.S.), effective 2-28-20; repealed and adopted by Ord. No. 10829 (N.S.), effective 3-10-23; repealed and adopted by Ord. No. 10982 (N.S.), effective 4-3-26)

Sec. 3109.4. is added to the California Building Code to read:

1. Any pedestrian access gates through the enclosure open away from the swimming pool and are self-closing with 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, the release mechanism shall be located on the pool side of the enclosure at least three inches below the top of the gate and the gate and enclosure shall have no opening greater than 1/2 inch within 18 inches of the release mechanism. Any gates other than pedestrian access gates shall be equipped with lockable hardware or padlocks and shall remain locked at all times when not in use.

2. A minimum height of 60 inches measured on the side of the enclosure that faces away from the swimming pool.

3. A maximum vertical clearance from the ground to the bottom of the enclosure of 2 inches. The maximum vertical clearance at the bottom of the enclosure may be increased to four inches when the grade is a solid surface such as a concrete deck or when the enclosure is mounted on the top of an above-ground pool structure.

4. Gaps or voids, if any, do not allow passage of a sphere equal to or greater than 1-3/4 inches in diameter. For fencing composed of vertical and horizontal members, the spacing between vertical members may be increased up to four inches when the distance between the tops of horizontal members is 45 inches or more.

5. 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 years to climb over.

6. Chain link fences used to separate the swimming pool from neighboring properties shall not be less than 11.5 gauge and the mesh size shall not be larger than 2-1/4-inch square. Chain link fences used to separate the swimming pool from the home shall not be less than 11.5 gauge and the mesh size shall not be larger than 1-3/4-inch square.

(Added by Ord. No. 10146 (N.S.), effective 5-13-11; repealed and reenacted by Ord. No. 10464 (N.S.), effective 4-14-17; repealed and adopted by Ord. No. 10651 (N.S.), effective 2-28-20; repealed and adopted by Ord. No. 10829 (N.S.), effective 3-10-23; repealed and adopted by Ord. No. 10982 (N.S.), effective 4-3-26)

Sec. 3109.5 is added to the California Building Code to read:

When a swimming pool was constructed or enlarged on or after July 29, 1977, the property owner shall maintain the safety features required by the code in effect at the time of construction. A swimming pool on any lot or parcel having a net area of less than one acre and constructed or enlarged between July 29, 1977, and April 17, 1996, shall have a barrier that meets the following minimum standards:

(a) A non-climbable fence or other structure having a minimum height of five feet measured from the exterior grade with no horizontal openings greater than five inches.

(b) All gates must be self-closing and self-latching, with latches placed at least four feet six inches above the grade

When an existing swimming pool is remodeled, enlarged, or modified it must have barriers and safety features installed in compliance with this chapter.

(Added by Ord. No. 10146 (N.S.), effective 5-13-11; repealed and reenacted by Ord. No. 10464 (N.S.), effective 4-14-17; repealed and adopted by Ord. No. 10651 (N.S.), effective 2-28-20; repealed and adopted by Ord. No. 10829 (N.S.), effective 3-10-23; repealed and adopted by Ord. No. 10982 (N.S.), effective 4-3-26)

Sec. 3120 is added to the California Building Code to read:

Newly constructed single-family dwelling units shall include solar zone area as specified in Sections 110.10(b)1A, 110.10(b)2, 110.10(b)3, and 110.10(b)4 of the California Building Energy Efficiency Standards.

Section 3410 is added to the California Building Code to read:

SECTION 3410

MOVED STRUCTURES

Exception: Moved residential buildings shall be allowed to retain their existing materials and methods of construction provided these buildings comply with the rules and regulations of the California Department of Housing and Community Development, are not substandard buildings and their foundations comply with the standards for new construction. An addition which increases the area, volume or size of a moved building shall comply with the requirements of this code for a new building.

(Added by Ord. No. 10146 (N.S.), effective 5-13-11; repealed and reenacted by Ord. No. 10464 (N.S.), effective 4-14-17; repealed and adopted by Ord. No. 10651 (N.S.), effective 2-28-20; repealed and adopted by Ord. No. 10829 (N.S.), effective 3-10-23; repealed and adopted by Ord. No. 10982 (N.S.), effective 4-3-26)

SEC. 92.1.APPI. APPENDIX I.

Appendix I of the California Building Code is adopted and revised in its entirety to read:

APPENDIX I

PATIO COVERS

SECTION APPI 101

GENERAL

APPI 101.1 Scope. Patio covers shall conform to the requirements of this appendix chapter.

APPI101.2 Allowed uses. Patio covers may be detached from or attached to dwelling units. Patio covers shall be used only for recreational, outdoor living purposes, and not as carports, garages, storage rooms or habitable rooms.

SECTION APPI 102

DEFINITION

PATIO COVER. A structure with open walls that is used for recreational, outdoor living purposes associated with a dwelling unit.

SECTION APPI 103

OPENINGS

APPI103.1 Required openings. Patio covers shall include openings on the longest exterior side and at least one additional exterior side. The openings on each qualifying side shall be at least 65 percent of the area of that side measured from the floor to minimum 6 feet 8 inches above the floor. Solid exterior walls located below required patio cover openings shall be maximum 2 feet 6 inches above the floor.

Exception: A patio cover with one fully open exterior side shall be allowed if the width-to-depth ratio of the patio cover is at least 2-to-1.

APPI103.2 Allowable opening enclosures. Required patio cover openings may be enclosed with insect screening or approved translucent or transparent plastic not more than 0.125 inch in thickness.

APPI103.3 Light, ventilation and emergency egress. Exterior building openings required for light or ventilation may open into a patio cover conforming to this appendix chapter. Exterior building openings serving as emergency egress or rescue openings from sleeping rooms or basements may open to a patio cover only if all open sides required by RAPPH103.1 are fully unenclosed.

SECTION APPI104

HEIGHT

APPI104.1 Height. Patio covers are limited to one-story structures not exceeding 12 feet in height.

SECTION APPI105

STRUCTURAL PROVISIONS

APPI105.1 Design loads. Patio covers shall be designed and constructed to sustain, within the stress limits of this code, all dead loads plus a minimum vertical live load of 20 pounds per square foot. Patio covers shall be designed to the wind and seismic criteria specified in Table R301.2(1).

APPI105.2 Footings. Patio covers shall be allowed to be supported on a slab-on-grade without footings, provided the slab conforms to the provisions of Section R506 of this code, is not less than 3.5 inches thick, any columns do not support live and dead loads in excess of 750 pounds per column, and any bearing walls do not support live and dead loads in excess of 100 pounds per foot.

(Adopted by Ord. No. 10651 (N.S.), effective 2-28-20; repealed and adopted by Ord. No. 10829 (N.S.), effective 3-10-23; repealed and adopted by Ord. No. 10982 (N.S.), effective 4-3-26)

SEC. 92.1.APPQ. APPENDIX Q.

Appendix Q of the California Building Code is adopted in its entirety as part of the County Building Code.

APPENDIX Q

EMERGENCY HOUSING

APPQ 101.1 Scope. This appendix shall be applicable to emergency housing and emergency housing facilities, as defined in Section Q102.

(Adopted by Ord. No. 10982 (N.S.), effective 4-3-26)