HomeMy WebLinkAboutOrd 1205 - Revise Ch 15.02 Swimming Pool Enclosures & Sfty CITY OF PALM DESERT
BUILDING & SAFETY DEPARTMENT
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 1205
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 Summary
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. 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.
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
Page 3 of 5
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 oufinrard 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 independentiv 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-ground 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 action.
Submitted By:
Russell A. Grance, Director of Building & Safety
Paul S. Gibson, Director of Finance
Approval:
i
John ;Wohlmuth, City Manager
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PRELIMINARY MINUTES
REGULAR PUBLIC SAFETY COMMISSION MEETING DECEMBER 9, 2009
C. Pool Safety Act (H&S Code Section 155920).
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
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 �
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
PRELIM�NARY MINUTES
REGULAR PUBLIC SAFETY COMMISSIOIW 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 sfated 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 t
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
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 completelv enclosinq the swimminct pool and spa isolatinq the
pool and spa from the home plav areas front and side vards and the neiqhbor's vard with a
removable mesh pool fencinq that meets American Societv 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.
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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 �ever�
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.
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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�-4-1=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 awav from the
swimminq pool. The maximum vertical clearance between grade and the bottom of the enclosure
shall be 2 inches (51 mm) measured on the side of the enclosure which faces awav from the
swimminq pool. The maximum vertical clearance at the bottom of the enclosure mav be increased
to 4 inches (102 mm) when qrade is a solid surface such as a concrete deck, or when the
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Ordinance No. 12�5
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 awav from the
swimminq pool shall be free of protrusions, cavities or other phvsical characteristics that would
serve as handholds or footholds that could enable a child below the aqe of five vears 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 spacing between such openinqs is 45 inches (1143 mm)
or more, the openinq size mav be increased such that the passage 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. Anv aates 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 dwellina 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 automaticallv 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, Tvpe A or Tvpe B units,
the deactivation switch shall be located 54 inches (1372 mm) or more above the threshold of the
door. In dwellinqs required to be Accessible, Tvpe A or Tvpe 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
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Ordinance No. 1205
(1372 mm) above the threshold of the door.
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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. 12os
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 circulation 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.
�s��� �� �af 7
Ordinance No. �205
3109.5.4 Pool cleaner 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 JanuaN, 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
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CITY OF PALM DESERT
NOTICE OF PUBLIC HEARING
CALIFORNIA BUILDING STANDARDS CODE
NOTICE IS HEREBY GIVEN that a hearing will be heid 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