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HomeMy WebLinkAboutOrd 1205 - Swimming Pool Enclosures & Sfty Devices �4E�CBht�G,4�� ( _��'- ��C EJ l�e;��Tg��?�a���J'„,,,.,��`l( .,t..'� ~�� CITY OF PALM DES R� ������T� 2�JD RE��zt���.._ BUILDING & SAFETY DEP STAFF REPORT REQUEST: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT AMENDING SECTION 15.02.030 OF THE CITY MUNICIPAL CODE, AMENDING CHAPTER 31, SECTION 3109.4.4 OF THE 2007 EDITION OF THE CALIFORNIA BUILDING CODE RELATING TO SWIMMING POOL ENCLOSURES AND SAFETY DEVICES SUBMITTED BY: Russell A. Grance, Director of Building and Safety DATE: January 28, 2010 CONTENTS: Minutes — Public Safety Commission, Ordinance i2os Recommendation Waive further reading and pass Ordinance No. 1205 to second reading. Commission Recommendation On December 9, 2009, staff made a presentation to the Public Safety Commission with respect to the Pool Safety Act of 2006. The Public Safety Commission unanimously approved staff's amended code language dealing with pool safety for children. Executive Sumrr�ary Currently state law.requires one of seven safety features to be installed on all new and remodeled swimming pools. Staff is proposing removing three of the seven safety features currently required. It is staffs belief that any one of these three safety features installed independently of each other does not help protect children from drowning in a swimming pool or spa. By eliminating these three there would still remain four adequate pool safety feature requirements. Backqround According to government statistics, drowning is the number one cause of accidental death for children under the age of five (5) in California, Arizona and Florida. Nationally, drowning is the second leading cause of accidental deaths to children under five (5) Staff Report Pool Safety Act (H&S Code Section 155920) January 28, 2010 Page 2 of 5 years of age. Befinreen 1990 and 1998 there were 5,803 children FIVE years of age or under that were drowning victims in the United States. A well designed pool fence can change those facts for the better. Unfortunately, the current state law (Health & Safety Code, Sections 115920-115929, and California Building Code, 2007 Edition, Section 3109) requires that every new or remodeled swimming pool and spa meet only one the following safety features: 1. Enclosure — An approved fence, wall, or barrier serving as an enclosure that separates the pool from the house; or, 2. Removable Mesh Fencing -The pool shall incorporate removable mesh pool fencing that meets American Society for Testing and Materials (ASTM) Specifications F 2286 standards in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device; or, 3. Safety Cover — The pool shall be equipped with an approved safety pool cover that meets all requirements of the ASTM Specifications F 1346; or, 4. Exit Alarms —The residence shall be equipped with exit alarms on those doors providing direct access to the pool; or, . 5. Self-Closing, Self-Latching Doors -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 54 inches above the floor; or, 6. Swimming Pool Alarms - Swimming pool alarms that, when placed in pools, will sound upon detection of accidental or unauthorized entrance into the water. These pool alarms shall meet and be independently certified to the ASTM Standard F 2208 "Standards Specification for Pool Alarms" which includes surface motion, pressure, sonar, laser, and infrared type alarms. Swimming pool alarms shall not include swimming protection alarm devices designed for individual use, such as an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water; or, 7. Other Means of Protection - Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the devices set forth above, and have been independently verified by an approved testing laboratory as meeting standards for those devices established by the ASTM or the American Society of Mechanical Engineers (ASME). These seven different safety features do not require that a property line fence (wall/barrier), isolation fencing or pool safety cover be a mandatory requirement for new or remodeled residential pools and spas. An enclosure/barrier, isolation fencing, or safety pool cover are the most effective means to protect a child from drowning in a swimming pool or spa. Staff Report Pool Safety Act (H&S Code Section 155920) January 28, 2010 Page3of5 Nothing is quite as devastating as losing a child, such a sudden loss as occurs in drowning accidents, is especially traumatic. Even seasoned emergency responders have difficulty coping with incidents involving the drowning of a child. The outcome of these incidents can be fatalities, physical disabilities from brain damage, high medical costs and a long emotional recovery for parents. In 1997, accidental drowning was the third leading cause of death among children ages one (1) to four (4) in the U.S. and the leading cause of death among this age group in Arizona, Florida and California. It is estimated that for every ten children who drown, 36 are admitted to hospitals and 140 are treated in emergency rooms. Toddlers are often at high risk for drowning due to their curiosity, rapidly changing skills, and their inability to understand danger. Even with close supervision, it takes only a few seconds for a child to slip out of the house and into the pool, where they can lose consciousness after approximately finro minutes under water. Irreversible brain damage occurs after, at most, 4 to 6 minutes and survival, especially survival without impairment, is unusual after immersions of longer than five minutes. The City of Palm Desert has several ordinances dating back to 1981 that related to swimming pool construction and safety which are Ordinances 248, 411, 821, and 1024. These ordinances basically followed either State Law or the California Building Code (CBC) except when it related to golf communities. The City's most recent Ordinance 1024 (Chapter 19, PDMC — deleted with the adoption of the 2007 CBC) addressed the following features which are listed in the order or 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 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 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. State law and the California Building Code at that time of Ordinance 1024 required that all new or remodeled pools and spas have barriers installed around the pool have the following design elements: Staff Report Pool Safety Act (H&S Code Section 155920) January 28, 2010 Page 4 of 5 • Provide a fence, wall, building wall, or combination thereof, which completely surrounds the swimming pool/spa and obstructs access to the swimming pool; and • A minimum of 5 feet in height; and • All gates opening into the pool/spa enclosure to be self-closing, self-latching, open outward away from the pool, latch to be located at least 54" from the bottom of the gate; and • Maximum clearance from the ground to the bottom of the barrier fence should be 2 inches; and • Gaps in the fencing should be no more than 4 inches; and • Any protrusion that would allow a child a handhold or foothold to climb the fence should be removed; and If dwelling serves as part of the enclosure, all doors from the dwelling shall be equipped with alarms (listed in accordance with UL 2017). . Summary By approving the proposed code language it will effectively eliminate three (3) of the current seven (7) safety features which are: 1. Exit Alarms —The residence shall be equipped with exit alarms on those doors providing direct access to the pool; or, 2. Self-Closing, Self-Latching Doors - 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 54 inches above the floor; or, 3. Swimming Pool Alarms - Swimming pool alarms that, when placed in pools, will sound upon detection of accidental or unauthorized entrance into the water. These pool alarms shall meet and be independently certified to the ASTM Standard F 2208 "Standards Specification for Pool Alarms" which includes surface motion, pressure, sonar, laser, and infrared type alarms. Swimming pool alarms shall not include swimming protection alarm devices designed for individual use, such as an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water. None of these three safety features installed indeaendentiv go to help protect children from drowning in a swimming pool or spa. Staff Report Pool Safety Act (H&S Code Section 155920) January 28, 2010 Page 5 of 5 Drowning or near drowning statistics developed by Riverside County Department of Public Health shows the following data for Coachella Valley (15% of the population lives in Palm Desert): 2007 19 6' 7' 3 2008 17 4' 6' 1 2009 22 9' 9' 5 1.These totals only represent drowning/near drownings in in�round pools and does not include incidents that happened in other bodies of water;i.e.lake,pond,irrigation ditch,spa,or bathtubs. This ordinance will allow the golf communities to keep and maintain their open views which have been their main concern in the past as depicted in Ordinance 1024, but more importantly will ensure adequate pool safety for children. Fiscal Analvsis There is no fiscal impact associated with this ac�q+�,COUNCILAC"TION �� APPROVED DF,NtED RECEIVED OTHER Submitted By: MEET G DA ' � �� AYES: � r 1 NOES: Russell A. Grance, Director of Building & SafetyABSENh ABSTAIN: VERIFIED BY: N � �- Orlginal oa Fil�wjth City rk's Ot�ioe Paul S. Gibson, Director of Finance * 1) DENY the staff reco�endation and retain the current regulations for swi�ing pool enclosures and safety devices; 2) direct Appt'OVaI: City Manager to inform the Building � Safety Department that there is a Planning requirement for fences around swimming pools. 5-0 Johr� Wohlmuth, City Manager �� , PRELIMINARY MINU1`�S REGULAR PUBLIC SAFETY COMMISSION MEETING DECEMBER 9, 2009 + C. Pool Safety Act (H&S Code Section 155920). � i � Stephen Aryan introduced Russell Grance, the City's Building & � Safety Director, to the Commissioners. Upon inquiry by Commissioner Lebel, Russell Grance did not believe that there would be a fiscal impact because under current � state law, homeowners would have to select one of the seven safety features. His proposed amendment was to eliminate three of 4� the seven features. The picture depicted in the staff report shows an installation in Palm Desert Greens wherein a homeowner opted � to install door alarms and no barrier around the swimming pool. ; Anyone could enter the backyard and fall into the pool. He believed that when the Legislature passed AB 2977, they tried to create building codes and, in that effort, they made a mistake. All building codes prior to the implementation of AB 2977, required barriers of some kind around a pool. Mr. Grance was aware that the City had i several ordinances dating back to 1981, the most recent being Ord. ( 1024, which allowed homes in golf communities to maintain views by not requiring any barriers around swimming pools. In Mr. Grance's opinion, this sets the City up for having two separate safety standards for children and a potential lawsuit in the event there is a drowning. He believed that among the seven safety features there were three that do not service child safety. Mr. Grance said the Pool Safety Act went into affect locally when the 2007 California Building Code was adopted. Any home built prior to 2007, had to comply with the City of Palm Desert's Ordinance No. 1024, which has five different safety features listed in order of priority. For example, if you built a home in Bighorn and you wanted to install a pool in your backyard, a barrier would not be required, just exit alarms (as depicted in the photo of the home in Palm Desert Greens). Upon inquiry by Chair Nethery, Mr. Grance stated that the amendments he was proposing would be more restrictive than current state law. Councilmember Jim Ferguson stated that when the State changed the Pool Safety Act from five safety features to seven, there was serious debate among the City Council as to whether they would consider suing the State of California over the ordinance because they did not like the additional restrictions. The Council believed that it was also an unfair encroachment on local control. 4 PRELIMINARY MINUTES REGULAR PUBLIC SAFETY COMMISSION MEETING DECEMBER 9, 2009 E. Canine Report — October - November 2009 Rec: By Minute Motion, receive and file. F. Coachella Valley Violent Crime Gang Task Force Report for October— November 2009 Rec: By Minute Motion, receive and file. Upon motion by Commissioner Larsh, seconded by Commissioner Lebel, the Consent Calendar was approved as presented by a unanimous vote. VI. CONSENT ITEMS HELD OVER None VII. NEW BUSINESS A. Request to Purchase Child Identification Fingerprint Kits. Lt. Shouse stated that the Child Identification Fingerprint Kits were very popular with the public and the Department receives multiple requests for them. Chairman Nethery commented that it sounds as though it is a very good thing to provide to the citizenry. Commissioner Butzbach moved, by Minute Motion, to concur with the Police DepartmenYs request to purchase Child Identification Fingerprint Kits in the amount of $996.00. Motion was seconded by Commissioner Larsh and carried unanimously. B. Recommendation to accept Cal COPS Supplemental Law Enforcement Services Funding (SLESF) for 2009/10. Chair Nethery stated that this was a new Cal COPS Grant Award. Upon inquiry by Commissioner Butzbach, Lt. Shouse stated that the State has committed to fund the Cal COPS Program for this fiscal year. Commissioner Butzbach moved to, by Minute Motion, recommend staff to concur with the Police DepartmenYs proposal and that the City Council accepts the Cal COPS Grant of $100,000. Motion was seconded by Commissioner Kirkwood and carried by a 5-0 vote. 3 PRELIMINARY MINUTES REGULAR PUBLIC SAFETY COMMISSION MEETING DECEMBER 9, 2009 Chair Nethery commented that these proposed amendments would certainly bring concern to homeowners in and out of country clubs. Mr. Grance stated that if the proposed amendments were enacted, existing legal non-conforming pools would not be subject to the new codes. In the event that a homeowner wanted to make improvements on his home to the degree that those improvements would generate a building permit, then the homeowner would have to adhere to the new codes. A discussion ensued regarding the cost to the homeowner with the approval of these amendments. Mr. Grance stated that the California Building Standards Commission, who is the author of all California Building Codes, gives local jurisdictions the authority to amend the codes; they just cannot be less restrictive. In this case, these proposed amendments would be more restrictive. The City Attorney has reviewed the proposed amendments and cautioned Mr. Grance that he may have difficulty getting the amendments approved due to past history with the gated golf communities. Upon inquiry by Commissioner Lebel, Mr. Grance responded that the scenario he outlined would not apply as the swimming pools at Monterey Country Club are public swimming pools. He added that private spas are required to have the same safety features as swimming pools. There are spa covers that now meet the safety standards. Mr. Grance said that upon endorsement by the Commissioners, the proposed amendments would be taken to the City Council for review and approval. Commissioner Lebel moved, by Minute Motion, to recommend approval of staff's draft code amendment language to require all new or remodeled swimming pools to install a pool enclosure, isolation fencing, or safety pool cover. Motion was seconded by Commissioner Butzbach and carried unanimously. D. Purchase of a Surplus Medic Unit from the City of Indian Wells. Upon inquiry by Chair Nethery, Chief Rios stated that the surplus medic unit was a good buy for $8,000. He said they can get about 120,000 to 130,000 miles on these vehicles. The unit was in good condition and has been well maintained. 5 PRELIMINARY MINUTES REGULAR PUBLIC SAFETY COMMISSION MEETING DECEMBER 9, 2009 Commissioner Lebel moved, by Minute Motion, to approve the purchase of a surplus medic unit, in the amount of $8,000, from the City of Indian Wells to serve as a reserve medic unit for the City of Palm Desert. Motion was seconded by Commissioner Kirkland and carried unanimously. VIII. CONTINUED BUSINESS None IX. OLD BUSINESS None X. REPORT ON CITY COUNCIL ACTION (S) A. Mayor Protempore Finerty reported that she went on a ride-along last Saturday evening, the swing shift, with Officer Steve Rivera and Van Snapp. She said it was interesting, informative and Van Snapp performed admirably. At the end of the shift, Van Snapp was able to locate Officer Rivera's bullet, garage door opener and car keys in the middle of a grassy field. After returning to the station, Van Snapp also opened a briefcase containing Methamphetamine, Cocaine and Marijuana. He also identified the location of three narcotic substances placed in the room by Officer Rivera. Mayor Protempore Finerty attended the Canine Trials in Temecula. Van Snapp received third place overall in a field of 57 dogs. The most important news that came from her attendance was that she garnered the Canine Trials to be held in Palm Desert in 2010. The Trials will be held either the first or second weekend of November. B. Councilmember Ferguson said that over 10 years ago, the City of Palm Desert made an effort to urge the County of Riverside to expand the police station that adjoins City Hall. Nearly one year ago, the City broke ground on a new police station, which is located on 10-acreas of land at Gerald Ford and Portola, and slated to open on May 5, 2010. He visited the most recent constructed police stations in Lake Elsinore, Hemet, Marino Valley, and Lake Perris. He said it was safe to say that the Palm Desert Police Station has the most "state-of-the-art" police facility in the county. A police presence will remain at City Hall with dispatchers and officers in south Palm Desert. The new facility will amply service the north sphere. He was pleased with the progress of construction 6 ORDINANCE N0.12o5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT REVISING CHAPTER 15.02 OF THE CITY MUNICIPAL CODE, AMMENDING THE 2007 EDITION OF THE CALIFORNIA BUILDING CODE RELATING SWIMMING POOL ENCLOSURES AND SAFETY DEVICES WHEREAS, The Department of Building and Safety recommends that changes and modifications be made to the 2007 Edition of the California Building Code are reasonably necessary to improve pool safety for child within the City of Palm Desert. FINDINGS, The City Council finds that the requirements set forth in this title are reasonable and necessary modifications within the City of Palm Desert. The "Findings of Need" contained herein address this condition which cause the established amendments to be adopted. A. According to government statistics, drowning is the number one cause of accidental death for children under the age of 5 in California, Arizona and Florida. Nationally, drowning is the second leading cause of accidental deaths to children under 5 years of age. Between 1990 and 1998 there were 5,803 children FIVE years of age or under that were drowning victims in the United States. A well designed Pool Fence can change those facts for the better. B. In 1997, accidental drowning was the third leading cause of death among children ages one (1) to four (4) in the U.S. and the leading cause of death among this age group in Arizona, Florida and California. It is estimated that for every ten children who drown, 36 are admitted to hospitals and 140 are treated in emergency rooms. Toddlers are often at high risk for drowning due to their curiosity, rapidly changing skills, and their inability to understand danger. Even with close supervision, it takes only a few seconds for a child to slip out of the house and into the pool, where they can lose consciousness after approximately two minutes under water. Irreversible brain damage occurs after, at most, 4 to 6 minutes and survival, especially survival without impairment, is unusual after immersions of longer than five minutes. NOW, THEREFORE, the City Council of the City of Palm Desert does ordain as follows: Section 1. Chapter 15.02, Section 15.02.030 of the Palm Desert Municipal Code is amended to add subsection E read as follows: Ordinance No. 1205 TITLE 15 BUILDINGS AND CONSTRUCTION Chapter: 15.02 Building Code CHAPTER 15.02 BUILDING CODE Sections: 15.02.030 Amendments to the Building Code 15.02.030 Amendments to the California Building Code E. Amendments to Chapter 31, Section 3109.4.4 3109.4.4 Private swimming pools (statewide).These regulations are subject to local government modification. The applicable local government requirements at the time of application for a building permit should be verified. These standards become applicable commencing January 1, 1998, to a private, single-family home for which a construction permit for a new swimming pool has been issued on or after January 1, 1998. 3109.4.4.1 Definitions. As used in this division, the following terms have the following meanings: 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. 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. ISOLATION FENCING means completely enclosinq the swimminq pool and spa isolatinq the pool and spa from the home play areas front and side vards and the neiqhbor's yard with a removable mesh pool fencinq that meets American Society for Testinq and Materials (ASTM) Specifications F 2286 standards in coniunction with a qate that is self-closinq and self-latchinq and can accommodate a kev lockable device. 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. Ordinance No. 1205 SWIMMING POOL or POOL means any structure intended for swimming or recreational bathing that contains water over 18 inches (457 mm) deep. Swimming pool includes in-ground and above- ground structures and includes, but is not limited to, hot tubs, spas, portable spas and nonportable wading pools. 3109.4.4.2 Construction permit; safety features required. Commencing January 1, 2007, except as provided in Section 3109.4.4.5, whenever a building permit is issued for construction of a new swimming pool or spa, or any building permit is issued for remodeling of an existing pool or spa, at a private, single-family home, it shall be equipped with at least one of the following seve� four drowning prevention safety features: 1. The pool shall be isolated from access to a home by an enclosure that meets the requirements of Section 3109.4.4.3. 2. The pool shall incorporate removable mesh pool fencing that meets American Society for Testing and Materials (ASTM) Specifications F 2286 standards in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device. 3. The pool shall be equipped with an approved safety pool cover that meets all requirements of the ASTM Specifications F 1346-91. �� , , , � „ 4.�Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the devices set forth in items a--41=3, and have been independently verified by an approved testing laboratory as meeting standards for those devices established by the ASTM or the American Society of Testing Mechanical Engineers (ASME). Prior to the issuance of any final approval for the completion of permitted construction or remodeling work, the local building code official shall inspect the drowning safety prevention devices required by this act and if no violations are found, shall give final approval. 3109.4.4.3 Enclosure; required characteristics. An enclosure shall have all of the following characteristics: An outdoor swimminq pool shall be provided with a enclosure that shall be installed, inspected and approved prior to plasterinq or fillinq the pool with water. The top of the barrier shall be at least 60 inches (1524 mm) above qrade measured on the side of the enclosure which faces away from the swimminq pool. The maximum vertical clearance between qrade and the bottom of the enclosure shall be 2 inches (51 mm) measured on the side of the enclosure which faces away from the swimminq pool. The maximum vertical clearance at the bottom of the enclosure may be increased to 4 inches (102 mm) when qrade is a solid surFace such as a concrete deck, or when the Ordinance No. 1205 enclosure is mounted on the top of the aboveqround pool structure. When enclosures have horizontal members spaced less than 45 inches (1143 mm) apart the horizontal members shall be placed on the pool side of the enclosure. Anv decorative desiqn work on the side away from the swimminq pool shail be free of protrusions cavities or other physical characteristics that would serve as handholds or footholds that could enable a child below the aqe of five years to climb over is prohibited. Openinqs in the enclosure shall not allow passaqe of a 4-inch (102 mm) diameter sphere. EXCEPTIONS: a. When vertical spacinq between such openinqs is 45 inches (1143 mm) or more the openinq size mav be increased such that the passaqe of a 4-inch (102 mm) diameter sphere is not allowed. b. For fencinq composed of vertical and horizontal members, the spacinq between vertical members may be increased up to 4 inches (102 mm) when the distance between the top and bottom of horizontal members is 45 inches (1143 mm) or more. Solid enclosures which do not have openinqs shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry ioints. Chain link fences used as the enclosure shall not be less than 11 qauqe, with an approved filler material interwoven between openinqs that provide a smooth surface free of foot and hand holds. Access qates shall not have a width qreater than 4 feet (1290 mm). Pedestrian access qates shall be self-closinq and have a self-latchinq device. Where the release mechanism of the self-latchinq device is located less than 57 inches (1448 mm) from the bottom of the qate, (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 qate and (2) the qate and enclosure shall have no openinq qreater than 1/2 inch (12.7 mm) within 18 inches (457 mm) of the release mechanism. Any qates other than pedestrian access qates shall be equipped with lockable hardware or padlocks and shall remain locked at all times when not in use. Where a wall of a dwellinq unit serves as part of the enclosure and contains door openinqs between the dwellinq unit and the outdoor swimminq pool that provides direct access to the pool shall be provided with alarms. The alarm shall be listed in accordance with UL 2017. The alarm shall sound continuously for a minimum of 30 seconds within seven seconds after the door and its screen if present are opened and be capable of providinq 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 touchpad or switch to temporarily deactivate the alarm for a sinqle openinq. Such deactivation shall last no lonqer than 15 seconds. The deactivation switch shall be located at least 54 inches (1372 mm) above the threshold of the door. In dwellinqs not required to be Accessible, Type A or Type B units, the deactivation switch shall be located 54 inches (1372 mm) or more above the threshotd of the door. In dwellinqs required to be Accessible, Type A or Type B units, the deactivation switch(es) shall be located at 54 inches (1372 mm) maximum and 48 inches (1219 mm) minimum above the threshold of the door. Alarms are not permitted on qaraqe doors that provide direct access to the pool and shall be self-closinq and have a self-latchinq device located at a minimum of 54 inches Ordinance No. 1205 (1372 mm) above the threshold of the door. g�� 7 � minimi im hoiirh4 nf G.`(1 ir�nhoc /1 F'�/) mml . -��ar rcJr-rr-vrvv�rrvrrc.. � ..� � �... .�. /F1�mmrlr. /'I(17 mml in �i'�mo4or trF�t�Fi�� 3109.4.4.4 Agreements to build; notice of provisions.Any person entering into an agreement to build a swimming pool or spa, or to engage in permitted work on a pool or spa covered by this article, shall give the consumer notice of the requirements of this article. Pursuant to existing law, the Department of Health Services shall have available on the department's web site, commencing January 1, 2007, approved pool safety information available for consumers to download. Pool contractors are encouraged to share this information with consumers regarding the potential dangers a pool or spa poses toddlers. Additionally, pool contractors may provide the consumer with swimming pool safety materials produced from organizations such as the United States Consumer Product Safety Commission, Drowning Prevention Foundation, California Coalition for Children's Safety & Health, Safe Kids Worldwide, Association of Pool and Spa Professionals, or the American Academy of Pediatrics. 3109.4.4.5 Exempt facilities. The requirements of this article shall not apply to any of the following: 1. Public swimming pools. 2. Hot tubs or spas with locking safety covers that comply with the American Society for Testing Materials Emergency Performance Specification (ASTM ES 13-89). 3. Any pool within the jurisdiction of any political subdivision that adopts an ordinance for swimming pool safety that includes requirements that are at least as stringent as this division. 4. An apartment complex or any residential setting other than a single-family home. 3109.4.4.6 Application to facilities regulated by Department of Social Services. This division does not apply to any facility regulated by the State Department of Social Services even if the facility is also used as a private residence of the operator. Pool safety in those facilities shall be regulated pursuant to regulations adopted therefor by the State Department of Social Services. 3109.4.4.7 Modification and interpretation of division. Notwithstanding any other provision of law, this article shall not be subject to further modification or interpretation by any regulatory agency of the state, this authority being reserved exclusively to local jurisdictions, as provided for in Item 5 of Section 3109.4.4.2 and Item 3 of Section 3109.4.4.5. 3109.4.4.8 Construction requirements for building a pool or spa. Ordinance No. 120� Whenever a building permit is issued for the construction a new swimming pool or spa, the pool or spa shall meet all of the following requirements: 1. The suction outlet of the pool or spa for which the permit is issued shall be equipped to provide circulation throughout the pool or spa as prescribed in paragraph 2. 2. The swimming pool or spa shall have at least two circulation drains per pump that shall be hydraulically balanced and symmetrically plumbed through one or more "T" fittings, and that are separated by a distance of at least three feet in any dimension between the drains. Suction outlets that are less than 12 inches across shall be covered with antientrapment grates, as specified in the ASME/ANSI Standard A 112.19.8, that cannot be removed except with the use of tools. Slots of openings in the grates or similar protective devices shall be of a shape, area and arrangement that would prevent physical entrapment and would pose any suction hazard to bathers. 3. Any backup safety system that an owner of a new swimming pools or spa may choose to install in addition to the requirements set forth in subdivisions (1) and (2) shall meet the standards as published in the document, "Guidelines for Entrapment Hazards: Making Pools and Spas Safer," Publication Number 363, March 2005, United States Consumer Products Safety Commission. 4. Whenever a building permit is for the remodel or modification of any existing swimming pool, toddler pool or spa, the permit shall require that the suction outlet of the existing swimming pool, toddler pool or spa be upgraded so as to be equipped with an antientrapment cover meeting current standards of the American Society for Testing and Materials (ASTM) or the American Society of Mechanical Engineers (ASME). 3109.5 Entrapment avoidance. Suction outlets shall be designed to produce circulation throughout the pool or spa. Single-outlet systems, such as automatic vacuum cleaner systems, or other such multiple suction outlets whether isolated by valves or otherwise shall be protected against user entrapment. 3109.5.1 Suction fittings. All pool and spa suction outlets shall be provided with a cover that conforms to ASME A112.19.8M, a 12-inch by 12-inch (305 mm by 305 mm) drain grate or larger, or an approved channel drain system. Exception: Surface skimmers. 3109.5.2 Atmospheric vacuum relief system required. All pool and spa single- or multiple- outlet circulation systems shall be equipped with an atmospheric vacuum relief should grate covers located therein become missing or broken. Such vacuum relief systems shall include at least one approved or engineered method of the type specified herein, as follows: 1. Safety vacuum release systems conforming to ASME A112.19.17; or 2. Approved gravity drainage system. 3109.5.3 Dual drain separation. Single- or multiple-pump circu�ation systems shall be provided with a minimum of two suction outlets of the approved type. A minimum horizontal or vertical distance of 3 feet (914 mm) shall separate such outlets. These suction outlets shall be piped so that water is drawn through them simultaneously through a vacuum-relief-protected line to the pump or pumps. Ordinance No. 1205 3109.5.4 Pool cieaner fittings. Where provided, vacuum or pressure cleaner fitting(s) shall be located in an accessible position(s) at least 6 inches (152 mm) and not greater than 12 inches (305 mm) below the minimum operational water level or as an attachment to the skimmer(s). PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California at its regular meeting held this 28th day of January, 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CINDY FINERTY, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA CITY OF PALM DESERT NOTICE OF PUBLIC HEARING CALIFORNIA BUILDING STANDARDS CODE NOTICE IS HEREBY GIVEN that a hearing will be held before the Palm Desert City Council to consider the adoption of Ordinance No. which amends specified chapters of the City Municipal Code and amends the 2007 Edition of the California Building Code, Section 3104.4.4, Swimming Pool Enclosures and Safety Devices. Copies of the Ordinance No. together with the code adopted by reference thereto are available for viewing in the office of the City Clerk, City of Palm Desert, California, which include the 2007 Edition of the California Building Code. Said hearing will be held at 4:00 p.m. on Thursday, February 25, 2010, in the Palm Desert City Council Chambers, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written consent concerning all items covered by this notice shall be accepted up to the date and time of the hearing. If you challenge the proposed action in Court, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice, as in written compliance delivered to the City Council prior to the meeting. DATE: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA (760) 346-0611