Yuba County Municipal Code Ch. 10.40 Swimming Pool Safety Act

Footnotes:

--- (3) ---

State Law reference— Swimming Pool Safety Act, Health and Safety Code § 115920 et seq.

The purpose of this Chapter is to regulate certain safety standards, requiring swimming pool enclosures, safety pool covers, or exit alarms for pools for which a construction permit is issued after January 1, 1998, located at a private single-family residence within the unincorporated area of Yuba County, for the protection of children from drowning or near drowning.

(Prior Code, § 10.40.010; Ord. No. 1228)

This Chapter is enacted pursuant to the authority granted by the Legislature within Assembly Bill No. 3305 (Section 3), requiring the County to enforce all provisions of Article 2.5 of Chapter 5 of Part 10 of Division 104 of the Swimming Pool Safety Act (Health and Safety Code § 115920 et seq.), as they regulate swimming pools.

(Prior Code, § 10.40.015; Ord. No. 1228)

The State Legislature passed the Swimming Pool Safety Act (Health and Safety Code § 115920 et seq.). The act only provides protection from the residence on the lot where the pool was built, it doesn't take into consideration the neighboring residences. Those regulations for the protection of neighboring residences have been incorporated into this Chapter.

(Prior Code, § 10.40.020; Ord. No. 1228)

The provisions of this Chapter apply to the design and construction of barriers for swimming pools located on the premises of Group R, Division 3 Occupancies.

(Prior Code, § 10.40.025; Ord. No. 1228)

For the purpose of this Chapter, certain terms, words and phrases are defined as follows:

(1) Approved safety pool cover means 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 Standards F1346-91.

(2) Enclosure means a fence, wall, or another barrier that isolates a swimming pool from access to the home or adjoining property.

(3) Exit alarms means devices that make audible, continuous alarm sounds when any door or window, that permits access from the residence to the pool area that is without any intervening enclosure, is opened or is left ajar. Exit alarms may be battery operated or may be connected to the electrical wiring of the building.

(4) Public swimming pool means a swimming pool 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. Public swimming pool does not include a swimming pool located on the grounds of a private single-family home.

(5) Swimming pool or pool means any structure intended for swimming or recreational bathing that contains water over 18 inches deep. "Swimming Pool" includes in-ground and above-ground structures and includes, but is not limited to, hot tubs, spas, portable spas, and nonportable wading pools.

(Prior Code, § 10.40.030; Ord. No. 1228)

State Law reference— Similar provisions, Health and Safety Code § 115921.

(a) Commencing January 1, 2007, except as provided in Section 10.40.050, whenever a construction permit is issued for construction of a new swimming pool at a private, single-family home it shall be equipped with at least one of the following safety features:

(1) The pool shall be isolated from access to a home or adjoining property by an enclosure that meets the requirements of Section 10.40.040.

(2) The pool shall incorporate removable mesh pool fencing that meets American Society for Testing and Materials (ASTM) Specifications F 2286 standards in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device.

(3) The pool shall be equipped with an approved safety pool cover that meets the requirements of ASTM Specifications F 1346.

(4) The residence shall be equipped with exit alarms on all doors providing direct access to the pool.

(5) 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.

(6) Swimming pool alarms that, when placed in pools, will sound upon detection of accidental or unauthorized entrance into the water. These pool alarms shall meet and be independently certified to the ASTM Standard F 2208 "Standards Specification for Pool Alarms" which includes surface motion, pressure, sonar, laser, and infrared type alarms. For purposes of this Chapter, "swimming pool alarms" shall not include swimming protection alarm devices designed for individual use, such as an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water.

(b) 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 above, and have been independently verified by an approved testing laboratory as meeting standards for those devices established by the ASTM or the American Society of Mechanical Engineers (ASME).

(c) Prior to the issuance of any final approval for the completion of permitted construction or remodeling work, the Building Official shall inspect the drowning safety prevention devices required by this Chapter and if no violations are found, shall give final approval.

(Prior Code, § 10.40.035; Ord. No. 1228)

State Law reference— Similar provisions, Health and Safety Code § 115922.

An enclosure shall have the following characteristics:

(1) A minimum height of 60 inches.

(2) Any access gates through the enclosure shall open away from the swimming pool, and shall be self-closing with a self-latching device placed no lower than 60 inches above the ground and comply with items (3) through (9).

(3) A maximum vertical clearance from the ground to the bottom of the enclosure of two inches.

(4) Gaps or voids, if any, do not allow passage of a sphere equal to or greater than four inches in diameter.

(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) Where the enclosure is composed of a horizontal and vertical members and the distance between the top of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Space between vertical members shall not exceed 1¾ inches in width.

(7) Where the enclosure is composed of horizontal and vertical members and the distance between the top of the horizontal members is 45 inches or more, spacing between vertical members shall not exceed four inches in width.

(8) Maximum mesh size for chain-link fences shall be a 1¼-inch square, unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to no more than 1¾ inches. The wire shall not be less than 9 gauge.

(9) Where the enclosure is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall be no more than 1¾ inches.

(10) Where an above-ground pool structure is used as an enclosure or where the enclosure is mounted on top of the pool structure, the means of access is a ladder or steps, then (1) the ladder or steps shall be capable of being secured, locked or removed to prevent access or (2) the ladder or steps shall be surrounded by a barrier which meets the requirements of items (3) through (9). When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a four-inch diameter sphere.

(Prior Code, § 10.40.040; Ord. No. 1228)

State Law reference— Similar provisions, Health and Safety Code § 115923.

Any person entering into an agreement to build a swimming pool shall give the consumer notice of the requirements of this Chapter.

(Prior Code, § 10.40.045; Ord. No. 1228)

State Law reference— Similar provisions, Health and Safety Code § 115924.

Whenever a building permit is issued for the construction of a new swimming pool or spa, the pool or spa shall meet all of the following requirements:

(1) a.

The suction outlet of the pool or spa for which the permit is issued shall be equipped to provide circulation throughout the pool or spa as prescribed in Subsection (2).

b. The swimming pool or spa shall have at least two circulation drains per pump that shall be hydraulically balanced and symmetrically plumbed through one or more "T" fittings, and that are separated by a distance of at least three feet in any dimension between the drains.

(2) Suction outlets that are less than 12 inches across shall be covered with antientrapment grates, as specified in the ASME/ANSI Standard A 112.19.8, that cannot be removed except with the use of tools. Slots or openings in the grates or similar protective devices shall be of a shape, area, and arrangement that would prevent physical entrapment and would not pose any suction hazard to bathers.

(3) Any backup safety system that an owner of a new swimming pool or spa may choose to install in addition to the requirements set forth in Subsections (1) and (2) shall meet the standards as published in the document, "Guidelines for Entrapment Hazards: Making Pools and Spas Safer," Publication Number 363, March 2005, United States Consumer Product Safety Commission.

State Law reference— Similar provisions, Health and Safety Code § 115928.

• Building permit for remodel or modification of pool or spa; requirements for suction outlet.

Whenever a building permit is issued for the remodel or modification of an existing swimming pool, toddler pool, or spa, the permit shall require that the suction outlet of the existing swimming pool, toddler pool, or spa be upgraded so as to be equipped with an antientrapment cover meeting current standards of the American Society for Testing and Materials (ASTM) or the American Society of Mechanical Engineers (ASME).

State Law reference— Similar provisions, Health and Safety Code § 115928.5.

The requirements of this Chapter shall not apply to the following:

(1) Public swimming pools.

(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).

(3) Any pool within the jurisdiction of a political subdivision that adopts an ordinance for swimming pool safety that includes requirements that are at least as stringent as this Chapter.

(4) Any apartment complex, or any residential setting other than a single-family residence.

(5) This Chapter does not apply to any facility regulated by the State Department of Social Services even if the facility is also used as the private residence of the operator. Pool safety in those facilities shall be regulated pursuant to regulations adopted by the State Department of Social Services.

(Prior Code, § 10.40.050; Ord. No. 1228)

State Law reference— Similar provisions, Health and Safety Code §§ 115925, 115926.

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.