Chapter 17.28

SWIMMING POOL ENCLOSURES

Sections:

• 17.28.010 Purpose of chapter provisions.

• 17.28.020 Swimming or wading pool defined.

• 17.28.030 Exemptions to chapter applicability.

• 17.28.040 New installations.

• 17.28.050 Enclosure specifications.

• 17.28.060 Existing installations.

• 17.28.070 Enforcement agencies.

• 17.28.080 Appeals.

The purpose of this chapter is to protect small children of the age of five years or under from the attractive hazards of outdoor swimming and wading pools.

(Prior code § 8820.)

"Swimming or wading pool," as used in this chapter, means an artificial basin, chamber or tank constructed of impervious material, having a depth of eighteen inches or more, and used, intended to be used, or displayed for use or sale, for swimming, diving or recreational bathing.

(Prior code § 8821; Ord. 18955.)

T17:200

BUILDINGS AND CONSTRUCTION

§ 17.28.060

The provisions of this chapter shall not apply to swimming or wading pools owned, operated and maintained by governmental bodies or political subdivisions thereof. (Prior code § 8827.)

On and after March 22, 1962, on which date the provisions codified in this chapter first became effective, no person who owns or is in possession of any premises, whether as legal or equitable owner, purchaser under contract, lessee, tenant or licensee, shall construct, install, place or maintain, or permit to be constructed, installed, placed or maintained, on or within such premises, any outdoor swimming or wading pool unless the same is enclosed in the manner hereinafter provided; and, after such date, no building permit shall be issued for any such swimming or wading pool unless the plans for the same conform with the provisions of this chapter. (Prior code § 8822; Ord. 18955.)

• A. Each outdoor swimming or wading pool constructed or installed within any premises shall be completely enclosed by a fence, wall or other durable enclosure. Such fence, wall or enclosure shall be not less than four feet in height at all points, shall be located a minimum of four feet from the nearest edge of the pool, and shall be so constructed that openings, holes or gaps in the fence, wall or enclosure shall not exceed four inches in any dimension, except for openings, holes or gaps protected by doors or gates. The surrounding fence, wall or enclosure may consist of a house, building or other permanent construction.

• B. Any gate or door in the surrounding fence, wall or enclosure, including those which open from a garage into the enclosed pool area, but excepting doors in any surrounding building or enclosure other than a fence, shall be equipped with a self-closing and self-latching device designed to keep the gate or door se-

curely closed at all times when not in actual use. Such device shall be located at least threeand one-half feet above the deck or walkway.

• C. The provisions of this Section 17.28.050 shall apply only to outdoor swimming or wading pools for which building permits were filed on or after May 26, 1989.

• D. Swimming or wading pools not subject to this Section 17.28.050 shall be subject to the provisions of this chapter that were in effect at the time of construction or installation of such pools.

(Prior code § 8823; Ords. 18955, 23103.)

• A. From and after the effective date of the provisions codified in this chapter, the city health officer or his authorized representative shall have the power to determine whether any existing swimming or wading pool which was constructed, installed or placed within any premises in the city prior to such effective date 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 17.28.050 above. In making such determination, the health officer shall consider such factors as the character of the neighborhood, the physical nature of the premises and the location of the pool thereon, the accessibility of the pool thereon, the accessibility of the pool to small children, and similar circumstances.

• B. Should the health officer determine that a hazard exists, he may order the person legally responsible for the premises to comply with the provisions of Section 17.28.050, or such lesser provisions as shall alleviate the unsafe or unhealthful condition. The health officer shall in his order specify a reasonable time for compliance. Failure to comply with the order shall constitute a misdemeanor.

• (Prior code § 8824.)

T17:201

SAN JOSÉ CODE

§ 17.28.070

The enforcing agencies for this chapter shall be the city building department and the city health department.

(Prior code § 8826.)

• A. Any person claiming to be aggrieved by an order of the health officer issued pursuant to this chapter may appeal same by filing a written notice thereof with the secretary of the advisory board of health, such notice to be filed within ten days of receipt of the order, and setting forth reasons and grounds.

• B. The advisory board of health, upon consideration of the appeal, may amend, modify or vacate the health officer's order.

(Prior code § 8825.)