HomeMy Public PortalAboutOrdinance 709ORDINANCE NO. 709
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT,
CALIFORNIA, ADDING NEW CHAPTER 17.67 TO THE BEAUMONT MUNICIPAL
CODE DEALING WITH SWIMMING POOLS, SPAS AND HOT TUBS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, STATE
OF CALIFORNIA, AS FOLLOWS:
SECTION 1: Chapter 17.67 is hereby added to the
Beaumont Municipal Code to read as follows:
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Page 1
Sections:
17.67.005
17.67.010
17.67.015
17.67.020
17.67.025
17.67.030
17.67.035
Chapter 17.67
SWIMMING POOL, SPA AND SIMILAR
Adoption of Uniform Code
Application
Definitions
Requirements
Validity of Ordinance
Modifications
Violation --Penalty
17.67.005 Adoption of Uniform Code.
The Uniform Swimming Pool, Spa and Hot Tub Code, 1991
Edition, as published by the International Conference of
Building Officials, is hereby adopted and made a part of this
Chapter by reference with the following modifications.
17.67.010 Application.
The provisions of this Chapter shall control the design of
barriers and location of pools and equipment for residential
swimming pools, spas, and hot tubs. These design controls
are intended to provide protection against potential
drownings and near -drownings by restricting access to
swimming pools, spas, and hot tubs.
17.67.015 Definitions.
(1) Above-ground/on-ground pool. See definition of swimming
pool.
(2) Barrier. A fence, a wall, a building wall or a
combination thereof which completely surrounds the
swimming pool and obstructs access to the swimming pool.
(3) Hot tub. See definition of swimming pool.
(4) In -ground pool. See definition of swimming pool.
(5) Residential. That which is situated on the premises of
a detached one -or two-family dwelling or a one-f.mily
townhouse not more than three stories in height.
(6) Spa, non-portable. See definition of swimming pool.
(7) Spa, portable. A non -permanent structure intended for
recreational bathing, in which all controls, water -
heating, and water -circulating equipment are an integral
part of the product and which is cord -connected (not
permanently electrically wired).
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I:A
(8)
17.67.015--17.67.020
Swimming pool. Any structure intended for swimming,
diving, or recreational bathing that contains water over
24 inches deep. This includes, in -ground, above -ground,
and on -ground swimming pools, hot tubs, and spas.
(9) Swimming pool, indoor. A swimming pool which is totally
contained within a residential structure and surrounded
on all four sides by walls of said structure.
(10) Swimming pool, outdoor. Any swimming pool which is not
an indoor pool.
17.67.020 Requirements.
1. Private swimming pools and their mechanical equipment for
the use of the occupants of the premises and their
nonpaying guests shall be located not nearer than five
(5) feet to any property line or dwelling.
2. All other swimming pools shall be located not nearer than
ten (10) feet from any property line or building.
3. A swimming pool may be constructed contrary to
subdivision (1) above when it lies partially within and
partially without a dwelling which conforms with all
other provisions of this ordinance.
4. Outdoor swimming pool. An outdoor swimming pool,
including an in -ground, above -ground, or on -ground pool,
hot tub, or spa shall be provided with a barrier which
shall comply with the following:
The top of the barrier shall be at least 72 inches above
grade measured on the side of the barrier which faces away
from the swimming pool. The maximum vertical clearance
between grade and the bottom of the barrier shall be 2 inches
measured on the side of the barrier which faces away from the
swimming pool. Where the top of the pool structure is above
grade, such as an above -ground pool, the barrier may be at
ground level or mounted on top of the pool structure. Where
the barrier is mounted on top of the pool structure, the
maximum clearance between the top of the pool structure and
the bottom of the barrier shall be 2 inches.
(8) Openings in the barrier shall not allow passage of a 4 inch
diameter sphere.
(C) Solid barriers which do not have openings, such as a masonry
or stone wall, shall not contain indentations or protrusions
except for normal construction tolerances and tooled masonry
joints.
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17.67.020
(D) Where the barrier is composed of horizontal and vertical
members and the distance between the tops of the horizontal
members is less than 45 inches, the horizontal members shall
be located on the swimming pool side of the fence. Spacing
between vertical members shall not exceed 1 3/4 inches in
width. Where there are decorative cutouts shall not exceed 1
3/4 inches in width.
(E) Where the barrier is composed of horizontal and vertical
members and th9 distance between the tops of the horizontal
members is 45 inches or more, spacing between vertical
members shall not exceed 4 inches. Where there are
decorative cutouts within vertical members, spacing within
the cutouts shall not exceed 1 3/4 inches in width.
(F) 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.
(G) 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.
(H) Access gates shall comply with the requirements of Paragraph
(A) through (G) of Section 17.67.020, and shall be equipped
to accommodate a locking device. Pedestrian access gates
shall open outwards away from the pool and shall be self-
closing and have a self -latching device. Gates other than
pedestrian access gates shall have a self -latching device.
Where the release mechanism of the self -latching device is
located less than 54 inches from the bottom of the gate, (A)
the release mechanism shall be located on the pool side of
the gate at least 3 inches below the top of the gate; and (8)
the gate and barrier shall have no opening greater than 1/2
inch within 16 inches of the release mechanism.
(I) Where a wall of a dwelling serves as part of the barrier,
direct access to the pool through the wall shall be limited
to doors and windows which meet the following conditions:
(1) Pedestrian doors leading from the garage to the pool
area shall be self-closing and shall have a
self -latching device.
(2) Indoor swimming pool. All walls surrounding an indoor
swimming pool shall comply with Chapter 15.04 Building
Codes.
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17.67.020--17.67.030
17.67.020 Validity of Ordinance.
If any section, subsection, sentence, clause of phrase of
this Ordinance for any reason, held to be invalid or
unenforceable by a final determination of a court of
competent jurisdiction, such determination shall not affect
the validity of the remaining portions of this Ordinance.
The City Council hereby declares it would have passed this
Ordinance, and each section, subsection, sentence, clause and
phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases might
be declared invalid or unenforceable.
17.67.030 Modifications.
The City Council hereby expressly finds that each of the
foregoing modifications to the uniform codes adopted by this
Ordinance are reasonably necessary because of local climatic,
geological or topographical conditions.
17.67.035 Violation --Penalty.
Any person, firm or corporation violating any of the
provisions of the Code so adopted in Section 15.20.010, shall
be guilty of a misdemeanor, and upon conviction thereof,
shall be punishable by a fine of not more than five hundred
dollars or by imprisonment in the County jail for a period of
not more than six months, or by both such fine and
imprisonment.
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Ordinance No. 709
SECTION 2: This Ordinance shall take effect as
provided by law.
MOVED, PASSED AND ADOPTED this 14th day of September ,
1992.
i
MA. i' OF THE CI1Y OF BEAUMONT
ATTEST:
CIT CLERK rilaid4444.
CERTIFICATION
I, Robert J. Bounds, City Clerk of the City of Beaumont, DO HEREBY
CERTIFY, that the foregoing Ordinance was introduced at a regular
meeting of the City Council of said City held on August 24
1992, and was duly adopted upon second reading on September 14
1992, upon the following roll call vote:
AYES: Council Member Brey, McLaughlin, Russo and Mayor Pro
Tem Parrott.
NOES: None.
ABSTAIN: None.
ABSENT: Mayor Leja.
CITY CLERK, CFTY OF BEAUMONT
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