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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: / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / 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). Page 2 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. Page 3 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. Page 4 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. Page 5 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 Page 6