HomeMy WebLinkAbout93-12 Adopting 1991 Uniform Swimming Pool Code and Local AmendmentsORDINANCE NO. 93-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER IV
OF TITLE 5 OF THE COSTA MESA MIINICIPAL CODE BY
ADOPTING THE 1991 UNIFORM SWIMMING POOL CODE,
AND LOCAL AMENDMENTS THERETO.
Section 1. The City Council of the City of Costa Mesa does
hereby find as follows:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 2. Chapter IV of Title 5, of the Costa Mesa
Municipal Code is hereby amended to read as follows:
"Chapter IV Swimming Pools.
ARTICLE I GENERAL
Sec. 5-65. Regulations Applicable -
(a) Except as provided herein, the Swimming Pool Code of the
City shall be the Uniform Swimming Pool Code, 1991 Edition, as set
forth in Section 5-1 of this Title.
(b) No swimming pool shall be constructed closer than five
(5) feet to any property line, measured from the waterline of the
pool.
(c) No swimming pool shall be constructed under any
electrical power lines or any electric power easement.
(d) Section 311 of the Uniform Swimming Pool Code is hereby
amended to read as follows:
Waste water from any filter, scum filter, scum gut-
ter, overflow, pool emptying line or similar
apparatus or appurtenance shall discharge into an
approved type receptor and subsequently into a
public sewer. The flood level rim of such receptor
shall be at least six (6) inches above the flood
level of the adjacent ground. Each such receptor
when permitted to be connected to any part of a
drainage system shall be provided with an approved
three (3) inch trap..
(e) The following is hereby added to the Uniform Swimming
Pool Code to read as follows:
(1) Every person in possession of land within the City,
either.as owner, purchaser under contract, lessee,
tenant, licenses.or otherwise, upon which is situ-
ated a swimming pool or .other body of water
designed, constructed and used for swimming,
dipping or immersion and having a depth in excess
of eighteen (18) inches, shall maintain in good
condition an enclosure, building, barrier or fence
of any material or design, .except as hereinafter
provided, not lower than five (5) feet in height
above the surface of the ground measured vertically
from the outside grade and completely surrounding
such pool or body of water.
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(2) No opening between vertical members of a wood,
metal picket, stake or other fence shall allow
passage of a four (4) inch diameter sphere between
members. Shrubs, trees or landscape materials
cannot be considered as part of the barrier.
(3) Solid barriers or walls shall not contain any
addition or object which will create a ladder -
like access, indentations, protrusions or
plants closer than 45 inches apart vertically,
horizontally, or from top of wall, except for
tooled masonry joints.
(4) Any configuration providing ladder -like access
and allowing.entry to the pool area shall be
prohibited. Ladder -like access shall mean any
method or action which constitutes access to
an area and which provides vertical and
horizontal members fixed or provided in such a
method so as to provide access by climbing,
crawling, pushing, or jumping from the
enclosure or barrier to a pool or body of
water.
(5) Where the barrier is composed of horizontal
and vertical members and the distance between
the tops of the horizontal members is forty-
five (45) inches or more, spacing between
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vertical member shall not exceed four (4)
inches.
(6) Maximum mesh size for chain link fences shall
be a 1-1/4 inch square unless the fence is
provided with slats fastened at the top or the
bottom which reduce the openings to no more
than 1-3/4 inches. The wire shall be not less
than nine (9) gauge.
(7) Where the barrier is composed of diagonal
members, such as a lattice fence,the maximum
opening formed by the diagonal members shall
be no more than 1-3/4 inches.The lattice shall
be installed to a V pattern. The material
shall be a minimum of 1/2 inch thickness.
(8) All enclosures and gates for swimming pools
shall extend to within two (2) inches of firm
soil or pavement. All access gates shall be
constructed in compliance with all
requirements for pool fences as set forth in
this section and shall be equipped to
.accommodate a locking device. All gates or
doors opening through a swimming pool enclo-
sure shall open outward away from the pool and
shall be equipped with a self-closing and
self -latching device designed to keep such
door or gate securely closed at all times when
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not in actual use. The unlocking or
unlatching device shall be located not less
than five (5) feet above grade or steps at the
gate or door measured vertically outside the
enclosed areas. The release mechanism shall be
located on the pool side of -the gate at least
three (3) inches below the top of the gate,
not less than forty-eight (48) inches from
grade on side and outside fence and installed
inside shall be no more than forty-five (45)
inches from grade. The gate and barrier shall
have -no opening greater than 1/2 inch within
twenty-four (24) inches of the release mecha-
nism.
(9) Double gates installed across vehicular ac-
cess -ways , one gate shall be fixed by means
of a lockable bar penetrating sleeve by four
(4) inches. Such sleeve shall be imbedded in
concrete eight (8) inches deep and six (6)
inches wide minimum. The locking bar shall be
fastened shut or lockable in the closed
position. The openable .gate shall meet the
self closing and self latching requirements of
this ordinance. Provided, however, the
Building Official may approve the following
alternatives:
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(A) The unlocking or unlatching device may be lo-
cated on the inside of the enclosure at less
than the required five (5) feet in height when
not openable from the outside of the enclo-
sure.
(B) Self-closing and self -latching devices may be
substituted, installed at fifty-four (54)
inches above the threshold.
(10) Where an above ground pool structure 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: (1) The ladder or steps shall be capable of being
locked, or removed to prevent access; or (2) The ladder
of steps shall be suspended by a barrier which meets the
requirements of Subsection(1) through (10), inclusive.
When the ladder or steps are secured, locked, or removed,
any opening created shall not allow the passage of a four
(4) inch diameter sphere.
(11) Access doors to swimming pools shall be self-
closing and self -latching in accordance with
requirements of this section. Where perimeter
fencing is required in other Codes, this
section must provide the equivalent protection
and requirements, in addition to other
perimeter fencing established by other Codes.
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EXCEPTIONS•
The Building Official may approve the following as
alternatives:
(1) A wall of a dwelling may only serve as part of
the barrier when doors with direct access to
the pool are equipped with an approved alarm
which produces an audible warning when the
door and its screen, if present, are opened.
The alarm shall sound continuously for a
minimum of thirty (30) seconds -immediately
after the door is opened and be capable of
being heard throughout the house, during normal
household activities. The alarm shall
automatically be reset under all conditions.
The alarm shall be equipped with a manual
means, such as touch pad or switch to
temporarily deactivate the alarm for a single
opening. Such deactivation shall last not
more than fifteen (15) seconds. The
deactivation switch shall be located at least
60 inches above the threshold of the door.
(2) Automatic safety pool covers meeting the
standards of an approved testing agency.
(3) A pool or spa safety system which satisfies
the barrier requirements of this section.
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(12) All swimming pool and spa water shall be maintained in a
clean and sanitary condition which is free of algae,
insects, and debris. The floor of the pool shall be
clearly visible.
(13) The provisions of this subsection shall .apply to
swimming pools and spas that are constructed pursuant to
a building permit issued after the effective date of the
ordinance.
Sec. 5-66 Public Nuisance Declared.
It is found, declared and determined that the maintenance of
a swimming pool without appropriate precautionary measures set
forth in this Chapter shall constitute a hazard to the safety of
small children in the City and is a public nuisance.
Sec. 5-67 Withholding Approval.
Plaster inspection or approval to fill a swimming pool with
water shall be withheld by the Development Services Director, or
his or her designee,. until there has been compliance with this
Chapter.
Sec. 5-68 Violations; Discontinuing Use.
Any swimming pool enclosed by a fence which fence does not
meet the requirements of this Chapter shall be drained immediately
and shall not be refilled until such time as the enclosure fence is
brought into compliance with all of the provisions of this Chapter.
Section 14. Severability Clause.
If any chapter, article, section, subsection,- subdivision,
sentence, clause, phrase, or portion of this Ordinance, or the
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application thereof to any person, 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 portion of this Ordinance or its application to
other.persons. The City Council hereby declares that it would have
adopted this Ordinance and each chapter, article, section,
subsection, subdivision, sentence, clause, phrase or portion
thereof, irrespective of the fact that any one or more subsections,
subdivisions, sentences, clauses, phrases, or portions of the
application thereof to any person, be declared invalid or
unconstitutional. No portion of this Ordinance shall supersede any
local, State, or Federal law, regulation, or codes dealing with
life safety factors.
SECTION 3. Publication and.Adoption
This Ordinance shall take effect and be in full force and
effect thirty (30) days from and after the passage thereof, and
prior to the expiration of fifteen. (15) days from its _passage shall
be published once in the NEWPORT BEACH -COSTA MESA PILOT, a
newspaper of general circulation, printed and published in the City
of Costa Mesa, together with the names of the members of the City
Council voting for and against the same.
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PASSED AND ADOPTED this 21st day of June, 1993.
ATTEST:
Deputy ty Clerk of the City
of Cost Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
May of the City ,of Costa Mesa
A PROVED. AS TO FORM
CITY ATTORNEY
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of
the City Council of the City of Costa'Mesa, hereby certify that the
above and foregoing Ordinance No. 93-12 was introduced and
considered section by section at a regular meeting of the City
Council held on the 17th day of May, 1993, and thereafter passed
and adopted as a whole -at a regular meeting of the City Council
held on the 21st day of June, 1993, by the following roll call
vote:
AYES: 61r JIS, 9UMP�IRFY //6,Q J13a01,eLr= buFFA I�.ICe50ni
NOES: NOJJE
ABSENT: AJ 0A)E
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the Seal of the City of Costa Mesa this 22nd day of June, 1993.
Deputy City CtOrk and ex -officio Clerk of
the City Council of .the. City of Costa Mesa
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