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HomeMy WebLinkAboutORD 1024ORDINANCE NO. 1024 ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA REVISING CHAPTER 19.01 IN TITLE 19 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA RELATING TO SWIMMING POOL CONSTRUCTION AND SAFETY WHEREAS, the City Council of the City of Palm Desert, California has adopted the Uniform Swimming Pool, Spa and Hot Tub Code and adopted Child Safety Standards for design and construction of swimming pools, it has subsequently become more aware of the dangers of swimming pools at private single-family homes. The City Council now desires to enhance the safety feature design and requirements for swimming pools, to be more consistent with the California Swimming Pool Safety Act. NOW, THEREFORE, the City Council does hereby ordain as follows: Section 1. Chapter 19.01 of Title 19 of the Code of the City of Palm Desert, California is hereby revised, and replaced in its entirety, to read as follows: Chapter 19.01 SWIMMING POOL CODE Sections Article I. Uniform Swimming Pool, Spa and Hot Tub Code 19.01.010 Adoption of Uniform Swimming Pool, Spa and Hot Tub Code. 19.01.020 General Provisions. 19.01.030 Permit fee. 19.01.040 Deletion of Table 1-1. 19.01.050 Violation - Penalty. Article H. Child Safety Standards 19.01.060 General 19.01.070 Definitions. 19.01.080 Requirements. 19.01.090 Violations. Article III. Safety Features (added) 19.01.100 Definitions. 19.01.110 Required Safety Features. 19.01.120 Enclosure. 19.01.130 Consumer Notice. 19.01.140 Inapplicability. Ordinance No. 1024 Page 2 of 7 19.01.150 State Social Services. 19.01.160 Violations. Article I. Uniform Swimming Pool, Spa and Hot Tub Code 19.01.010 Adoption of Uniform Swimming Pool, Spa and Hot Tub Code. Subject to the particular additions and amendments hereinafter set forth in this Article I, the rules, regulations, provisions and conditions set forth in that certain code entitled, Uniform Swimming Pool, Spa and Hot Tub Code, 2000 Edition, including the Appendices and Installation Standards therein contained, promulgated and published by the International Association of Plumbing and Mechanical Officials, one full printed copy of which, printed as a code in book form, was by the city council ordered filed and which has been actually filed in the office of the city clerk, and which as so on file is referred to and by this reference expressly incorporated in this Article I and made a part hereof as fully and for all intents and purposes as though set forth in this Article I at length, shall be and the same are established and adopted as the rules, regulations, provisions and conditions to be observed and followed in the construction, erection, installations, alterations, repair, changing, removal, demolitions, condemnation, maintenance and use of plumbing, water distribution system, pool drainage, gas piping, gas and electric pool heaters, gas and water vents, swimming pool piping and related electrical connections and subjects referred to and covered by said code; and subject to said additions and amendments hereinafter set forth, said code with its said Appendices containing said rules, regulations, provisions and conditions is established and adopted; and the same shall be designated, known and referred to as the Swimming Pool Code of and for the City of Palm Desert, California. The city council finds that the following provisions, additions and amendments thereto are necessary for the proper administration of this code by the Building and Safety Department of the City of Palm Desert. 19.01.020 General Provisions. General Provisions. This Code provides the minimum standards for the protection of the public health and safety; the qualifications of persons engaged in the trade of swimming pool construction requiring a permit and inspection for the installations, alteration or repair of plumbing and drainage systems and the inspection thereof; providing penalties for violations of said Code and repealing conflicting ordinances. If any section, subsection, sentence, clause, phrase or portion of this Code 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 portions of this Code. 19.01.030 Section 1.3 — Swimming pool contractor's license and business license. This section of the code is deleted in its entirety and replaced with the following: 19.01.030 Permit Fee. Cost of Permit and Schedule of Fees. Each applicant shall pay for each permit issued at the time of issuance a fee in accordance with the applicable schedule and at the rate provided by resolution of the City Council. Ordinance No. 1024 Page 3 of 7 19.01.040 Deletion of Table 1-1. Table 1-1 of the 2000 Uniform Swimming Pool, Spa and Hot Tub Code identified as "Schedule of fees" is hereby deleted in its entirety. 19.01.050 Violation --Penalty. It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this Article I. Any person violating any provision of this Article I or failing to comply with any of the requirements is deemed guilty of a misdemeanor in accordance with Chapter 1.12 of this code. Article U. Child Safety Standards. 19.01.060 General. A. Application. The provisions of this Article U apply to the design and construction of barriers for swimming pools located on the premises of Group P, Division 3 Occupancies as defined by the Uniform Building Code. The provisions in this Article H shall apply to swimming pools and spas constructed on or after the effective date of the ordinance codified in this Article U. Exception: The provisions of this Article H shall not apply to private swimming pools and spas constructed within the golf communities, provided that such swimming pools and spas comply with the requirements of Article III of this Chapter 19.01. B. Standards of Quality. In addition to the other requirements of this code, safety covers for pools and spas shall meet the requirements for pool and spa safety covers as listed below. The standard listed below is a recognized standard. 19.01.070 Definitions. For the purpose of this Article U, certain terms, words and phrases are defined as follows: Aboveground/On-ground Pool. See definition of "Swimming pool." "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" means a fence, wall, building wall, or a combination thereof, which completely surrounds the swimming pool and obstructs access to the swimming pool. "Grade" means the underlying surface such as earth or a walking surface. "Hot Tub" See definition of "Spa, non -self-contained" and "spa, self-contained." Ordinance No. 1024 Page 4of7 "In -ground Pool" See definition of "Swimming pool." "Separation fence" means a barrier, which separates all doors of a dwelling unit with direct access to a swimming pool. "Spa, non -self-contained" means a hydro massage pool or tub for recreational or therapeutic use, not located in health-care facilities, designed for immersion of users and usually having a filter, heater and motor -driven blower. It may be installed indoors or outdoors, on the ground or on a supporting structure, or in the ground or in a supporting structure. It is intended for recreational bathing and contains water over twenty- four (24) inches deep. "Spa, self-contained" means a continuous -duty appliance in which all control, water -heating and water -circulating equipment is an integral part of the product, located entirely under the spa skirt. A self-contained spa is intended for recreational bathing and contains water over eighteen (18) inches deep. "Swimming pool" means any structure intended for swimming or recreational bathing that contains water over eighteen (18) inches deep. This includes in -ground, aboveground, and on -ground swimming pools; and fixed -in -place wading pools. 19.01.080 Requirements. All requirements shall be set and approved by the Building Official prior to construction. 19.01.090 Violations. It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this Article II. Any person violating any provision of this Article II or failing to comply with any of the requirements is deemed guilty of a misdemeanor in accordance with Palm Desert Municipal Code, Chapter 1.12. Article III. Safety Features 19.01.100 Definitions. As used in this Article III the following terms have the following meanings: "Enclosure" means a fence, wall, or other barrier that isolates a swimming pool from access to the home. "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. Ordinance No. 1024 Page 5 of 7 "Public swimming pool" means a swimming pool operated 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" or "pool" means any structure intended for swimming or recreational bathing that contains water over eighteen (18) inches deep. "Swimming pool" includes in -ground and above -ground structures and includes, but is not limited to, hot tubs, spas, portable spas, and non -portable wading pools. 19.01.110 Required Safety Features. Commencing with the effective date of the ordinance codified in this Article III, except as provided in Section 19.01.150, when a construction permit is issued for construction of a new swimming pool, it shall be equipped with at least one of the State mandated safety features. The following features are listed in the order of priority: A. The residence shall be equipped with exit alarms on those doors providing direct access to the pool. B. All doors providing direct access from the home to the swimming pool shall be equipped with a self -closing, self -latching device with a release mechanism placed no lower than fifty-four (54) inches above the floor. C. The pool shall be isolated from access to a home by an enclosure that meets the requirements of Section 19.01.120. D. The pool shall be equipped with an approved safety pool cover. E. Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by anyone of the devices set forth in subdivisions A to D, inclusive, as determined by the building official of the jurisdiction issuing the applicable building permit. 19.01.120 Enclosure. An enclosure shall have all of the following characteristics: A. Any access gates through the enclosure open away from the swimming pool, and are self -closing with a self -latching device placed no lower than sixty (60) inches above the ground. B. A minimum height of sixty (60) inches. C. A maximum vertical clearance from the ground to the bottom of the enclosure of two (2) inches. D. Gaps or voids, if any, do not allow passage of a sphere equal to or greater than four (4) inches in diameter. Ordinance No. 1024 Page 6 of 7 E. An outside surface free of protrusions, cavities, or other physical characteristics that would serve as handholds or footholds that could enable a child below the age of five years to climb over. 19.01.130 Consumer Notice. Any person entering into an agreement to build a swimming pool shall give the consumer notice of the requirements of this Article III. 19.01.140 Inapplicability. The requirements of this Article III shall not apply to any of the following: A. Public swimming pools. B. Hot tubs or spas with locking safety covers that comply with the American Society for Testing Materials -Emergency Performance Specification (ASTM-ES 13-89). C. An apartment complex, or any residential setting other than a single-family home shall comply with State public swimming pool regulations. 19.01.150 State Social Services. This Article III does not apply to any facility regulated by the State Department of Social Services even if the facility is also used as the private residence of the operator. Pool safety in those facilities shall be regulated pursuant to regulations adopted therefore by the State Department of Social Services. 19.01.160 Violations. It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this Article III. Any person violating any provision of this Article III or failing to comply with any of the requirements is deemed guilty of a misdemeanor in accordance with Palm Desert Municipal Code, Chapter 1.12. Section 2. Upon the effective date, this ordinance will supersede, repeal and replace the ordinance adopted in 1985, which added Chapter 19.01 to the Palm Desert Municipal Code, together with subsequent ordinances, which amended Chapter 19.01 thereafter. Section 3. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published once and the same shall be in full force and effect thirty (30) days after its adoption. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] i Ordinance No. 1024 Page 7 of 7 PASSED, APPROVED AND ADOPTED this 12th lay of December , 2002, by the City Council of the City of Palm Desert, California, by the following vote, to wit: AYES: CRITES, FERGUSON, KELLY, SPIEGEL, BENSON NOES: NONE ABSENT: NONE ABSTAIN: NONE ,! 4'V JEAN . ENSON, MAYOR Ci ti of Palm Desert, California ATTEST: By: _Z2 -0. 22' RACHELLE D. KLASSEN, CITY CLERK City of Palm Desert, California APPROVED AS RM: By: DAVID J. WIN, City Attorney City of Palm Desert, California