Sec. 7-15. - Private swimming pool—General.

(a)

For purposes of this section, "private swimming pool" shall include any structure, whether in-ground or above-ground, designed or used for swimming or recreational bathing that contains water in excess of eighteen (18) inches. For purposes of this section, "private swimming pool" shall not include:

(1)

Swimming pools operated for the use of the general public with or without charge, or for the use of the members and guests of a private club, unless such pool is located on the grounds of a private single-family home;

(2)

Hot tubs or spas with locking safety covers that comply with the American Society for Testing Materials - Emergency Performance Specification (ASTM-ES 13-89 and ASTM-ES 13-91);

(3)

Swimming pools located at an apartment complex or any residential setting other than a single-family home; and

(4)

Swimming pools located at any facility regulated by the State Department of Social Services even if the facility is also used as the private residence of the operator.

(b)

No building permit shall be issued for any private swimming pool, except in compliance with this section and Article 2.5 of Chapter 5 of Part 10 of Division 104 of the California Health and Safety Code (commencing with Section 115920 of the California Health and Safety Code), and further providing that:

(1)

If the pool is equipped with a power-operated safety pool cover pursuant to California Health and Safety Code Section 115922(b), the control for the pool cover shall be mounted at least sixty (60) inches above grade or above the floor; and

(2)

If doors providing direct access from the home to the pool are equipped with exit alarms pursuant to California Health and Safety Code Section 115922(c), the exit alarms shall produce sounds at or exceeding sound pressure of eighty (80) DB at ten (10) feet distance from the alarm emitter.

(c)

Private swimming pools constructed prior to June 1, 1998, shall be equipped with at least one of the following safety features:

(1)

The pool is isolated from access to a home by an enclosure that has all of the following characteristics:

(A)

Any access gates through the enclosure open away from the swimming pool, and are self-closing with a self-latching device placed no lower than sixty (60) inches above the ground;

(B)

A minimum height of sixty (60″) inches;

(C)

A maximum vertical clearance from the ground 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; and

(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.

(2)

The pool is equipped with a manually or power-operated safety pool cover that meets all of the performance standards of the American Society for Testing and Materials (ASTM), in compliance with standard F1346-91. If the safety, pool cover is electrically operated, the control for the pool cover shall be mounted at least sixty inches (60″) above grade or above the floor;

(3)

All doors providing direct access from the home to the pool are equipped with exit alarms, either battery operated or connected to the electrical wiring of the residence, that make audible, continuous alarm sounds when the door is opened or left ajar. The exit alarms shall produce sounds at or exceeding sound pressure

of eighty (80) DB at ten feet (10′) distance from the alarm emitter;

(4)

All doors providing direct access from the home to the pool are equipped with a self-closing, self-latching device with a release mechanism placed no lower than fifty-four (54″) inches above the floor; or

(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 subdivisions (1) through (4), inclusive, of this subsection, as determined by the building official.

(d)

Applications for building permits for the construction of private swimming pools shall show compliance with the requirements established by subsection (b) and with following:

(1)

All plans submitted to the county for private swimming pools shall include a plot plan. Pool plans, specifications and design calculations shall be prepared by a civil or structural engineer, licensed to practice in the state of California.

(2)

Soil around the private swimming pool shall slope away from the pool to prevent surface waters from draining into the pool and to prevent ponding, or a drainage system shall be provided to collect surface water.

(3)

Drywells shall be ten feet, ten inches (10′ 10″) minimum in depth. The drywell must be lined with masonry, having solid mortar joints to a point two feet, zero inches (2′ 0″) below the bottom of the swimming pool. Alternate methods of waste water disposal may be approved by the county public health officer.

(4)

For private swimming pool design and construction, soils in Sonoma County shall be assumed to be expansive unless the owner can show by actual soil tests, performed by a recognized soil testing laboratory, that the soils are not expansive.

(5)

Additional design criteria for private swimming pools may include, but not necessarily be limited to, consideration of geologic, geographic and topographic features of a pool site, groundwater, soil conditions, performance standards and maintenance requirements. The building official may require whatever information he deems necessary to satisfy himself that a pool design protects the public health and safety.

(6)

Final inspection, approval and use of all new, repaired or remodeled private swimming pools shall be withheld until all of the above requirements have been met.

(Ord. No. 5167 § 1(j), 1999; Ord. No. 5102 § 1, 1998: Ord. No. 4906 § 3 (part), 1995.)