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HomeMy WebLinkAboutORD 821ORDINANCE NO. 821 AN ORDINANCE OF THE CITY OF PALM DESERT ESTABLISHING MINIMUM PRIVATE SWIMMING POOL CHILD SAFETY STANDARDS FOR THE PREVENTION OF ACCIDENTAL DROWNING BY CHILDREN WHEREAS, child drowning in private swimming pools is a major cause of death in children under four (4) years of age; WHEREAS, the City of Palm Desert encourages all parents of young children to provide constant supervision when children are in the vicinity of swimming pools and spas; WHEREAS, the City of Palm Desert strongly encourages that all homeowners associations within the city to allow and not unduly restrict parents of young children to voluntarily install safety barriers around existing swimming pools and spas; WHEREAS, it is the furtherance of the public health, safety and welfare for the City Council of the City of Palm Desert to adopt swimming pool child safety standards. WHEREAS, to protect the public health, safety and welfare of the children and citizens of the City of Palm Desert, California Government Code Section 36934 authorizes the City Council to adopt a swimming pool child safety standards ordinance as an urgency ordinance; and WHEREAS, California Government Code Section 36937 requires that an urgency ordinance be adopted by a four -fifths vote of the City Council. The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows: Section 19.01.070 to Section 19.01.110 of the code of the City of Palm Desert is hereby added as follows: "Section 19.01.070 - General" The provisions of this section applies to the design and construction of barriers for swimming pools located on the premises of Group R, Division 3 Occupancies as defined by the Uniform Building Code. The provisions in this ordinance shall apply to swimming pools and spas constructed on or after the effective date of this ordinance. ORDINANCE NO. 821 Page 2 EXCEPTION: These standards shall not apply to private pools or spas constructed within privately patrolled, gate guarded communities. 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. "Section 19.01.080 - Definitions" For the purpose of this section, certain terms, words and phrases are defined as follows: ABOVEGROUND / ON -GROUND POOL: See definition of "swimming pool". APPROVED SAFETY POOL COVER: 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 F1346-91. BARRIER: A fence, wall, building wall, or a combination thereof, which completely surrounds the swimming pool and obstructs access to the swimming pool. GRADE: The underlying surface such as earth or a walking surface. HOT TUB: See definition of "spa, non -self-contained" and "spa, self-contained". IN -GROUND POOL: See definition of "swimming pool". SEPARATION FENCE: A barrier which separates all doors of a dwelling unit with direct access to a swimming pool from the swimming pool. SPA, NON -SELF-CONTAINED: A hydromassage 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 24 inches (610 mm) deep. ORDINANCE NO. 821 Page 3 SPA, SELF CONTAINED: 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 24 inches (610 mm) deep. SWIMMING POOL: Any structure intended for swimming or recreational bathing that contains water over 24 inches (610 mm) deep. This includes in -ground, aboveground, and on -ground swimming pools; and fixed -in -place wading pools. "Section 19.01.090 - Requirements" OUTDOOR SWIMMING POOL: An outdoor swimming pool shall be provided with a barrier that shall be installed, inspected and approved prior to plastering or filling with water. The barrier shall comply as follows: 1. The top of the barrier shall be at least 48 inches (1219 mm) 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 (51 mm) measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance at the bottom of the barrier may be increased to 4 inches (102 mm) when grade is a solid surface such as a concrete deck, or when the barrier is mounted on top of the aboveground pool structure. When barriers have horizontal members spaced less than 45 inches (1143 mm) apart, the horizontal members shall be placed on the side of the barrier. Any decorative design work on the side away from the swimming pool, such as protrusions, indentations or cutouts, which render the barrier easily climbable, is prohibited. 2. Openings in the barrier shall not allow passage of a 1 3/4 inch -diameter (44 mm) sphere. EXCEPTIONS: 1. When vertical spacing between such openings is 45 inches (1143 mm) or more, the opening size may be increased such that the passage of a 4 inch -diameter (102 mm) sphere is not allowed. ORDINANCE NO. 821 Page 4 2. For fencing members, the increased up between the (1143 mm) or composed of vertical or horizontal spacing between vertical members may be to 4 inches (102 mm) when the distance tops of horizontal members is 45 inches more. 3. Chain link fences used as the barrier shall not be less than 11 1/2 gauge. 4. Access gates shall comply with the requirement of Items 1 through 3. Pedestrian access gates shall be self -closing and have a self -latching device. Where the release mechanism of the self -latching device is located less than 54 inches (1372 mm) from the bottom of the gate, (1) the release mechanism shall be located on the pool side of the barrier at least 3 inches (76 mm) below the top of the gate, and (2) the gate and barrier shall have no opening greater than 1/2 inch (13 mm) within 18 inches (457 mm) of the release mechanism. Pedestrian gates shall swing away from the pool. Any gates other than pedestrian access gates shall be equipped with lockable hardware or padlocks and shall remain locked at all times when not in use. 5. Where a wall of a Group R, Division 3 Occupancy dwelling unit serves as part of the barrier and contains door openings between the dwelling unit and the outdoor swimming pool, which provide direct access to the pool, a separation fence meeting the requirements of Items 1 though 4 shall be provided. EXCEPTION: When approved by the building official, one of the following may be used: 1. Self -closing and self -latching devises installed on all doors with direct access to the pool with the release mechanism located a minimum of 54 inches (1372 mm) above the floor. 2. An alarm installed on all doors with direct access to the pool. The alarm shall sound continuously for a minimum of 30 seconds within seven seconds ORDINANCE NO. 821 Page 5 after the door and its screen, if present, are opened, and be capable of providing a sound pressure level of not less than 85 dBA when measured indoors at 10 feet (3048 mm). The alarm shall automatically reset under all conditions. The alarm system shall be equipped with a manual means, such as a touch pad or switch, to temporarily deactivate the alarm for a single opening. Such deactivation shall last no longer than 15 seconds. The deactivation switch shall be located at least 54 inches (1372 mm) above the threshold of the door. 3. The pool, hot tub or spa shall be equipped with an approved pool safety cover. 4. Other means of protection may be acceptable so long as the degree of protection afforded is not less than that afforded by any of the devices described above. 6. 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 secured, locked or removed to prevent access or (2) the ladder or steps shall be surrounded by a barrier which meets the requirements of Items 1 though 5. When the ladder or steps are secured, locked or removed, any opening created shall be protected by a barrier complying with Items 1 through 5. INDOOR SWIMMING POOL: For an indoor swimming pool, protection shall comply with the requirements of Section 19.01.090, Item S. SPAS AND HOT TUBS: For a non -self-contained and self- contained spa or hot tub, protection shall comply with the requirements of Section 19.01.090. EXCEPTIONS: A self-contained spa or hot tub equipped with a listed safety cover shall be exempt from the requirements of Section 19.01.090. ORDINANCE NO. 821 Page 6 "Section 19.01.100 - Violations" It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter 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 10.01.110 - Severability" If any provision, clause, sentence, or paragraph of this chapter, or the application thereof, to any person, establishment, or circumstances, shall be held invalid, such invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are hereby declared to be severable. The City Council finds and determines that it is in the best interest of the public health, safety and welfare of the children and citizens of the City of Palm Desert to immediately adopt a swimming pool child safety standards ordinance, and the following urgent circumstances justify that this ordinance take effect immediately upon its adoption: 1. Child drowning in private swimming pools is a major cause of death in children under four (4) years of age, and the immediate implementation of swimming pool child safety regulations will help to combat this problem. 2. The State of California passed Assembly Bill 3305 in 1996, which allows local political subdivisions to adopt swimming pool child safety measures on or before January 1, 1997. If a local political subdivision fails to do so, the child safety standards will be binding on local political subdivisions effective January 1, 1998. Local political subdivisions will be unable to enact or enforce any other swimming pool child safety regulations. 3. The City of Palm Desert has enforced and continues to enforce Riverside County Ordinance No. 421 with respect to swimming pool child safety standards. In order for the City to continue to regulate swimming pool child safety in accordance with the standards it has always applied, Assembly Bill 3305 requires the City to adopt its own swimming pool child safety standards on or before January 1, 1997. ORDINANCE NO. 821 PAGE 7 4. ' It is in the best interest of the City of Palm Desert to have its swimming pool child safety standards ordinance effective immediately, so that the City can continue to regulate swimming pool child safety in accordance with the standards it has always applied and in order to continue to protect the children and citizens of the City of Palm Desert. PASSED, APPROVED, and ADOPTED this 12th day of December, 1996, by the City Council of the City of Palm Desert, California, by the following vote: AYES: BENSON, CRITES, SNYDER, SPIEGEL NOES: KELLY ABSENT: NONE ABSTAIN: NONE RICHARD` S . KELLY, MAR City of Palm Desert California ATTEST: SHEILA r: 6ILLIn� CITY CLERK City of Palm De er , California