HomeMy WebLinkAboutOrdinance 2198 - Amending Chapter 16.28 r .
ORDINANCE NO. 2_� 18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF REDDING AMENDING REDDING MUNICIPAL CODE
CHAPTER 16.28, SWIMMING POOLS.
The City Council of the City of Redding does ordain as follows:
Section 1. The contents of Chapter 16.28 of the Municipal Code—Sections 16.28.010
through 16.28.050—are hereby repealed.
Section 2. Sections 16.28.010 through 16.28.090 are added to Chapter 16.28, Swimming
Pools, to read as described in Exhibit A attached hereto and made a part hereof as if fully set forth
herein.
Section 3. The passage of this ordinance is not a "project" according to the definition in the
California Environmental Quality Act, Section 1537.8(a), and therefore is not subject to the provisions
requiring environmental review.
Section 4. This ordinance shall take effect January 1, 1998; and the City Clerk shall certify
to the adoption of this ordinance and cause its publication according to law.
I HEREBY CERTIFY tha this ordinance was introduced and read at a regular meeting of the
City Council on the � day of1-11 {, 1997; and was read and adopted at a regular meeting of
the City Council on the day of� �Cev4 r 1997, by the following vote:
AYES: COUNCIL MEMBERS: Anderson, Kehoe, McGeorge and Murray
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
KEN MUR A , Mayo
Attest., Form Approved.
Connie Strohmayer, ity Clerk W. Leonard Wingate, Attorney
CHAPTER 16.28
SWIMMING POOLS
Sections:
16.28.010 Purpose.
16.28.020 Scope.
16.28.030 Enforcement.
16.28.040 Responsibility.
16.28.050 Exceptions.
16.28.060 Definitions.
16.28.070 Barrier Requirements.
16.28.080 Barrier Substitute.
16.28.090 Construction Locations.
16.28.010 Purpose. 16.28.060 Definitions.
The purpose of this chapter is to provide For the purpose of this section, certain terms,
minimum standards requisite of pool barriers and words, and phrases are defined as follows:
establish property-line setback requirements for
swimming pools. A. "Aboveground/On-Ground Pool." See
definition of"swimming pool."
16.28.020 Scope.
B. "Approved Safety Cover" means a manually
The provisions of this chapter apply to the design or power-operated safety pool, spa, or hot tub
and construction of barriers for swimming pools cover that meets all of the performance
located on the premises of Group R, Division 3 standards of the American Society for Testing
Occupancies, and the minimum property-line Materials (ASTM) in compliance with
setback requirements for all outdoor swimming Standard F 1346-91 for pools or ES 13-89 for
pools. Any public swimming pool shall meet the spas and hot tubs.
barrier requirements contained in Section 3101B C. "Barrier" is a fence, wall, building wall, or a
of the California Code of Regulations, Title 24,
Part 2 (California Building Code) combination thereof, which completely
surrounds the swimming pool and obstructs
16.28.030 Enforcement. access to the swimming pool.
The enforcement officer shall be the Building D. "Grade" is the underlying surface such as
Official. earth or a walking surface.
16.28.040 Responsibility. E. "Group R, Division 3 Occupancy," is any
dwelling which contains not more than two
The owner or his designated agent shall be (2) dwelling units, congregate residence
responsible for compliance with the requirements accommodating ten (10) persons or less, a
set forth in this chapter. lodging house, or as defined in the latest
16.28.050 Exceptions. edition of the Uniform Building Code adopted
under Section 16.08.020 of this code.
No provisions of this.chapter shall supersede or
overrule any local, State, or Federal laws, F. "Hot Tub." See definition of "swimming
regulations, or codes dealing with life-safety. pool.
G. "In-ground Pool." See definition of
"swimming pool."
H. "Separation Fence" is a barrier which
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• CHAPTER 16.28
separates all doors of a dwelling unit with horizontal members shall be placed on the
direct access to a swimming pool from the pool side of the barrier. Any decorative
swimming pool. design work on the side away from the
I. "Spa." See definition of"swimming pool." swimming pool, such as protrusions,
indentations,or cutouts,which render the
J. "Swimming Pool" is any body of water barrier easily climbable, is prohibited.
eighteen (18) inches or more in depth 2. Openings in the barrier shall not allow
including without limitation, structures passage of a one and three-fourths- (13/4)
intended for swimming or recreational inch diameter sphere.
bathing such as in-ground and
aboveground/on-ground swimming pools,hot "Exceptions" when approved by the
tubs, portable and non-portable spas, fixed- Building Official, one of the following
in-place wading pools, or similar structures may be used:
and bodies of water such as fish ponds,
fountains,water gardens,or similar bodies of a. When vertical spacing between such
water, except that this definition shall not openings is forty-five (45) inches or
more, the opening size may be
include any body of water which is part of or
formed by the Sacramento River; any natural increased such that the passage of a
lake, pond, or watercourse; any storm-drain four- (4) inch diameter sphere is not
facility; or any irrigation canal. allowed.
K. "Swimming Pool, Indoor" is a swimming b. For fencing composed of vertical and
pool which is totally contained within a horizontal members, the spacing
residential structure and surrounded on all between vertical members may be
four sides by walls of said structure. increased up to four (4) inches when
the distance between the tops of
L. "Swimming Pool,Outdoor" is any swimming horizontal members is forty-five (45)
pool which is not an indoor pool. inches or more.
16.28.070 Barrier Requirements. 3. Chain-link and similar wire-type fences
used as the barrier shall not be less than
A. An outdoor swimming pool shall be provided eleven(11)gage.
with a barrier that shall be installed,
inspected,and approved prior to plastering or 4. Solid barriers that do not have openings,
filling with water. The barrier shall comply such as masonry or stone walls, shall not
with the following: contain indentations or protrusions except
1. The top of the barrier shall be at least for tooled masonry joints.
sixty(60)inches above grade, measured 5. Access gates shall comply with the
on the side of the barrier which faces requirements of Subsections 1 through 4.
away from the swimming pool. The Pedestrian access gates shall be self-
maximum vertical clearance between closing, have a self-latching device, and
grade and the bottom of the barrier shall shall accommodate a lock. Where the
be two (2) inches measured on the side release mechanism of the self-latching
of the barrier which faces away from the device is located less than fifty-four(54)
swimming pool. The maximum vertical inches from the bottom of the gate, [1]the
clearance at the bottom of the barrier release mechanism shall be located on the
may be increased to four (4) inches pool side of the barrier at least three (3)
when grade is a solid surface such as a inches below the top of the gate, and
concrete deck or when the barrier is [2] the gate and barrier shall have no
mounted on the top of the aboveground/ opening greater than one-half(1/2) inch
on-ground pool structure. When barriers within eighteen (18) inches of the release
have horizontal members spaced less mechanism. Pedestrian gates shall swing
than forty-five (45) inches apart, the away from the pool. Any gates other than
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• CHAPTER 16.28
pedestrian access gates shall be equipped 7. Where an aboveground/on-ground pool
with lockable hardware or padlocks and structure is used as a barrier or where the
shall remain locked at all times when not barrier is mounted on top of the pool
in use. structure and the means of access is a
ladder or steps, then (1) the ladder or
6. Where a wall of a Group R, Division 3 steps shall be capable of being secured,
Occupancy, dwelling unit serves as part locked, or removed to prevent access or
of the barrier and contains door openings (2)the ladder or steps shall be surrounded
between the dwelling unit and the by a barrier which meets the requirements
outdoor swimming pool which provide of Subsections 1 through 5. When the
direct access to the pool, a separation ladder or steps are secured, locked, or
fence meeting the requirements of removed, any opening created shall be
Subsections 1 through 5 above shall be protected by a barrier also complying with
provided. Subsections 1 though 5 above.
"Exceptions" when approved by the g. A spa or hot tub with an approved
Building Official, one of the following locking safety cover shall not be required
may be used: to provide other barriers. Where a
a. Self-closing and self-latching devices locking safety cover is not provided, the
installed on all doors with direct spa or hot tub shall comply with the
access to the pool with the release barrier requirements of this chapter.
mechanism located a minimum of B. For an indoor swimming pool,protection shall
fifty-four(54) inches above the floor. comply with the requirement of Subsection
b. An alarm installed on all doors with 16.28.070.A.6.
direct access to the pool. The alarm C. For any outdoor pool located on the front half
shall sound continuously for a of a lot, the barrier fence required by this
minimum of thirty (30) seconds chapter shall be at least seventy-two (72)
immediately after the door and its inches high,constructed as a solid decorative
screen, if present, are opened and be block wall or block post with wood board
capable of providing a sound pressure fence. Posts shall be a minimum of
level of not less that 85 dB' when sixteen(16)inches square. Fence plans shall
measured indoors at ten (10) feet. be submitted for approval along with the
The alarm shall automatically reset permit application to construct a pool. All
under all conditions. The alarm other requirements of Subsections
system shall be equipped with a 16.28.070.A.1 through 7 shall apply.
manual means, such as a touch pad or
switch, to temporarily deactivate the 16.28.080 Barrier Substitute.
alarm for a single opening. Such
deactivation shall last no longer than A. The Building Official may allow other
fifteen (15) seconds. The protective structures or means to satisfy the
deactivation switch shall be located at barrier requirements of this chapter so long as
least fifty-four(54) inches above the the degree of protection afforded by the
door. substitute structures or means is not less than
the protection afforded by the barrier as
c. The pool shall be equipped with an required by this chapter. The substitute
approved safety cover. means may include natural geographic
d. Other means of protection may be features such as waterways or topography or
acceptable so long as the degree of may also include any approved child safety
protection afforded is not less than device that has been tested and listed by
that afforded by any of the devices Underwriter's Laboratories(UL),or any other
described above. independent testing agency that has been
recognized and accepted by the Building
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• . CHAPTER 16.28
Official, specifically for use as a swimming
pool safety device, such as a tested and listed 3. All swimming pools shall be set back a
door alarm or swimming pool cover. minimum of five (5) feet from any
residential or accessory-type structure on
B. Any person desiring the approval of a the property. Furthermore, no portion of
swimming pool child safety device other than an in-ground pool shall encroach into the
the type or kind mentioned in Section area created by an imaginary line
16.28.070 shall file a written request for such traversing at a forty-five(45)degree angle
approval with the Building Official, away from the bottom of the foundation
describing the type of child safety device. If, of any residential or accessory structure
in the opinion of the Building Official, the unless a supporting engineered wall is
child safety device will afford equal constructed in conjunction with the pool.
protection to small children,the device shall
be approved in writing. The Building 4. Filtering systems and heating equipment
Official shall establish specific compliance for all pools shall not be located closer
criteria for any such child safety device, than thirty(30)feet to any dwelling other
which shall be installed and inspected for than the owner's,or they shall be enclosed
compliance therewith, prior to filling the or housed to attenuate noise levels on
swimming pool with water. abutting properties to within the standards
of City's General Plan in a manner
16.28.090 Construction Locations. approved by the Planning Division of the
A. Outdoor Swimming Pools in "R" or "U„ Development Services Department.
Zoning Districts. B. Outdoor Swimming Pools in "C" or "M"
1. In-ground pools shall not be constructed Zoning Districts.
within thirty(30)feet of a front property 1. Pools in commercial districts, intended
line; within ten (10) feet of the street- for businesses, or business uses shall not
side property line of a corner lot; within be located closer than ten(10)feet to any
five (5) feet on an interior side-yard public street or alley or within five (5)
property line; within five (5) feet of a feet of any side or rear property line.
rear property line provided that the pool
location shall not preclude the 2. Pools in commercial districts, intended
requirement of any zoning district for a for residential uses other than motels or
side yard which must maintain ten (10) hotels, shall meet the same as required for
usable feet for the passage of residential zoning districts.
automobiles and recreational vehicles to C. Indoor Swimming Pools in All Zoning
the rear of the residential structure. To Districts.
maintain usable access to the rear yard,
the setback cannot be obstructed by 1. Indoor swimming pools shall be
mechanical or utility appurtenances for considered as part of the structure and
the pool or pool decking in excess of shall meet all applicable setback
six(6) inches above grade. All setbacks requirements appurtenant to the structure
shall be measured from the inside face of in which the pool is enclosed.
the pool wall.
2. Filtering systems and heating equipment
2. Aboveground/on-ground pools shall be for all pools, when located outside the
located on the rear half of the lot and not building, shall meet the requirements set
closer than ten (10) feet to any side or forth in Subsection 16.28.090.A.4.■
rear property line.
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