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Home My WebLink About68-49 Swimming Pool PrecautionsORDINANCE NO. G8 -y9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RELATING TO PRECAUTIONARY MEASURES TO EE TAKEN FOR SWIMMING POOLS AND MAKING PROVISIONS FOR SAME. The City Council of the City of Costa Mesa, California, does hereby ordain as follows: SECTION 1. Section 9298.9 of the Costa Mesa Municipal Code is hereby repealed. SECTION 2. There is hereby added to the Costa Mesa Municipal Code, Section 8107, which shall read as follows: "Sec. 8107. Swimming Pools. 1. No swimming pool shall be constructed closer than five (5) feet to any property line, measured from water line of pool. 2. No swimming pool shall be constructed under any electric power lines or on any electric power easement. 3. Enclosure Required. Public Policy. It is found, declared and determined that the maintenance of a swimming pool without appropriate precautionary measures constitutes a hazard to the safety of small children in the City of Costa Mesa. Every person in possession of land within the incorporated area of the City of Costa Mesa, either as owner, purchaser under contract, lessee, tenant, licensee, or otherwise, upon which is situated a swimming pool or other out-of-doors body of water designed, constructed and used for swimming, dipping or immersion by men, women, or children, having a depth in excess of eighteen (18) inches, shall maintain in good condition an enclosure or fence of any material or design, except as hereinafter provided, substantially constructed, 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. No opening between vertical members of a wood, metal picket, stake or other fence shall exceed five inches (5") between members. No opening between horizontal members of a wood, metal or other fence shall exceed two inches (2") between members. If a fence combining vertical and horizontal members meets either the vertical or horizontal requirements of this section, it shall be deemed to meet the requirements of this section. EXCEPTION: Chain-link and masonry type fences are excepted from the provisions of this section. All enclosures and gates shall extend to within two inches (2") of firm soil or within four inches (4") of pavement. Gates. Doors and Latches. All gates or doors opening through a swimming pool enclosure shell be equipped with a self-closing and self -latching device designed to keep such door or gate securely closed at all times when not in actual use. The unlocking or unlatching device shall be located not less than five feet (5') above grade or steps at the gate or door measured vertically outside the enclosed areas. This shall include any passage door or gate opening from an accessory building, such as a garage. EXCEPTIONS: (1) The unlocking or unlatching device may be located on the inside of the enclosure at less than the required five feet (5') in height when not openable from the outside of the enclosure. (2) Self-closing and self -Latching devices shall not be required on doors leading from a dwelling unit into the pool area. (3) Double gates installed across vehicular accessways shall be self-closing and shall be equipped with a latching device five feet (5') above grade which may be manually operated. Such gates shall be securely closed at all times when not in actual use. Approval. Plaster inspection or approval to fill the pool with water shall be withheld by the Director of Building and Safety until there has been compliance with all fencing and other requirements of this Ordinance. Fence Maintenance. Any pool enclosed by a fence which fence does not meet the requirements of this Ordinance shall be drained immediately and shall not be refilled until such time as the enclosure fence is brought into compliance with all provisions of this Ordinance. Modification. Following written request by the owner, the Director of Building and Safety may modify or eliminate the foregoing requirements where, in the juagment of the Director of Building and Safety, local conditions afford protection equivalent to that outlined in this Section. The Director of Building and Safety may require that evidence or proof in the form of affidavits or otherwise be submitted to substantiate or justify such requests and may apply reasonable conditions to insure ultimate compliance with this code in the event of a change of conditions." SECTION 3. This Ordinance shall take effect and be in full force thirty (30) days from and after its passage and prior to the expiration of fifteen (15) days from its passage shall be published once in the Orange Coast Daily 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. �o PASSED AND ADOPTED this //' day of Ae'eew � e,E' , 1968. Mayor of the City of Costa Mesa ATTEST: City C1erk of the City of Costa Mesa STATE OF CALIFORNIA COUNTY OF ORANGE ) SS. CITY OF COSTA MESA ) I, C. K. PRIEST, City Clerk of the City of Costa Mesa and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. v6'tj was introduced and considered section by section at a regular meeting of said City Council on the ,2-1 day of dr.e , 1968, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the ZL! day of 1968, by the following roll call vote: 'L i AYES: CWNCILMEN Tc�t,t, ✓T L`�a ,/2r �lt�r'.✓4„y CYi .16n NOES: COUNCILMEN ABSENT: COUNCILMEN IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa, this /9� day of Jr,e,,(, of , 1968. City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF COSTA MESA ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. 1 am th '_o AC T,rt.`_ , 11 iiager of the ORANGE COAST DAILY PILOT, a newspaper of gen- eral circulation, printed and published in the City of Coeta Mesa, County of Orange, State of California, and 1 certify of which the copy attached hereto is a true and complete copy, was printed and published in the regular issue(s) of De.e;nber 20;1^6S said newspaper o - 1 declare, under penalty of perjury, that the foregoing is true and correct. Executed on D2Celnber 20 at Costa Mesa, California. , i mea STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF COSTA MESA i I, C. K. PRIEST, City Clerk of the City of Costa Mesa and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that Ordinance No. 68_69 was introduced and considered, section by section, at a regular meeting of the City Council of the City of Costa Mesa, held on the 2nd _ day of December , 19 68 and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 16th day of December , 19 68 , by the following roll -call vote: AYES: COUNCILMEN - TUCKER WILSON, ST. CLAIR, JORDAN NOES: COUNCILMEN - NONE ABSENT: COUNCILMEN - I FURTHER CERTIFY that said Ordinance No. 68-49 was published in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, on the 20th day of Decembe,19S$_ City C k and e� Clerk of the City Council of the City of Costa Mesa