§ 15.04.060. Swimming pool barriers and safety devices.

A.

General. Swimming pools shall comply with the requirements of this section and other applicable sections of the California Building Code.

B.

Definitions. The following words and terms shall, for the purposes of this section and as used elsewhere in this chapter, have the meaning shown herein.

"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 Standard F 1346-91.

"Barrier (enclosure)" means a fence, wall, or other barrier that isolates a swimming pool from access to the home or other buildings and grounds.

"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.

"Private swimming pool" means a swimming pool located on the grounds of a single-family home.

"Public swimming pool" means a swimming pool 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.

"Swimming pool" means any structure intended for swimming, recreational bathing, or wading that contains water over eighteen (18) inches (457 mm) deep. This includes in-ground, above-ground, and on-ground pools; hot tubs, spas, portable spas, and fixed-in-place wading pools.

C.

Barriers (Enclosures).

1.

Barrier Height and Clearances. The top of the barrier shall be at least sixty (60) inches (1,524 mm) above grade measured on the side of the barrier that faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be two inches (51 mm) measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on top of the pool structure, and the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be four inches (102 mm).

2.

Openings. Openings in the barrier shall not allow passage of a four-inch-diameter (102 mm) sphere.

3.

Solid Barrier Surfaces. Solid barriers which do not have openings shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.

4.

Closely Spaced Horizontal Members. Where the barrier is composed of vertical and horizontal members and the distance between the tops of the horizontal members is less than forty-five (45) inches (1,143 mm), the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed one and three-quarter inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within cutouts shall not exceed one and three-quarter inches (44 mm) in width.

5.

Widely Spaced Horizontal Members. Where a barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is forty-five (45) inches (1,143 mm) or more, spacing between vertical members shall not exceed four inches (102 mm). Where there are decorative cutouts within vertical members, spacing within cutouts shall not exceed one and three-quarter inches (44 mm) in width.

6.

Chain Link Dimensions. Maximum mesh size for chain link fences shall be two and one-quarter inch square (57 mm square) unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to no more than one and three-quarter inches (44 mm) in width.

7.

Diagonal Members. Where the barrier is composed of diagonal members, the maximum opening formed by diagonal members shall be no more than one and three-quarter inches (44 mm).

8.

Gates. Access doors or gates shall be equipped to accommodate a locking device. Pedestrian access doors or gates shall open outward away from the pool and shall be self-closing and have a self-latching device. Doors or gates other than pedestrian access doors or gates shall have a self-latching device. Release mechanisms shall be in accordance with Section 1010.1.9, 1132A and 11B-404 of the California Building Code. Where the release mechanism of the self-latching device is located less than fifty-four (54) inches (1,372 mm) from the bottom of the door or gate, the release mechanism shall be located on the pool side of the door or gate at least three inches (76 mm) below the top of the door or gate, and the door or gate and barrier shall have no opening greater than ½ inch (12.7 mm) within eighteen (18) inches (457 mm) of the release mechanism.

9.

Dwelling Wall as a Barrier. Where a wall of a dwelling serves as part of the barrier, one of the following shall apply:

a.

Doors with direct access to the pool through that wall shall be equipped with an alarm that produces an audible warning when the door and/or its screen, if present, are opened. The alarm shall be listed and labeled in accordance with UL 2017. In dwellings not required to be Accessible Units, Type A units, or Type B units, the deactivation switch shall be located fifty-four (54) inches (1,372 mm) or more above the threshold of the door. In dwellings required to be Accessible units, Type A units, or Type B units, the deactivation switch(es) shall be located at fifty-four (54) inches (1,372 mm) maximum and forty-eight (48) inches (1,219 mm) minimum above the threshold of the door.

b.

The pool shall be equipped with a power safety cover that complies with ASTM F 1346.

c.

Other means of protection, such as self-closing doors, with self-latching devices, which are approved, shall be accepted so long as the degree of protection afforded is not less than the protection afforded by Item 1 or 2 above.

10.

Pool Structure as Barrier. Where an above-ground pool is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then the ladder or steps either shall be capable of being secured, locked, or removed to prevent access, or the ladder or steps shall be surrounded by a barrier which meets the requirements of this section. When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a four-inch diameter (102 mm) sphere.

11.

Indoor Swimming Pools. Walls surrounding indoor swimming pools shall not be required to comply with this section.

12.

Prohibited Locations. Barriers shall be located so as to prohibit permanent structures, equipment, or similar objects from being used to climb the barriers.

D.

Safety Features Required. Whenever a building permit is issued for remodeling of an existing pool or spa, at a private, single-family home, it shall be equipped with at least one of the following drowning prevention safety features:

1.

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.

2.

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

3.

All doors providing direct access from the home to the swimming pool shall be equipped with a self-closing, self-latching device with an exit alarm and a release mechanism placed no lower than fifty-four (54) inches (1,372 mm) above the floor.

4.

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 "Standard Specification for Pool Alarms" which includes surface motion, pressure, sonar, laser, and infrared type alarms. For purposes of this article, "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.

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, 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 Testing Mechanical Engineers (ASME).

E.

Construction Requirements. Whenever a building permit is issued for the construction of a new swimming pool or spa:

1.

It 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. Suction outlets that are less than twelve (12) inches across shall be covered with anti-entrapment 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 arrangements that would prevent physical entrapment and that would pose a suction hazard to bathers. Suction outlets shall be designed and installed in accordance with ANSI/APSP-7.

( Ord. No. 2016-08 , § 3(Exh. A), 11-15-16)