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HomeMy WebLinkAbout1541 - ORDINANCES - 12/18/1996 ORDINANCE NO. 1541 AN ORDINANCE OF THE CITY OF PALM SPRINGS, ' CALIFORNIA, TO ESTABLISH SWIMMING POOL SAFETY STANDARDS FOR SINGLE-FAMILY RESIDENTIAL OCCUPANCIES, AND DECLARING TI4E URGENCY THEREOF. WHEREAS the City of Palm Springs has not established swimming pool safety standards for single-family residential occupancies; and WHEREAS the legislature of the State of California has adopted Assembly Bill (AB) 3305 to establish minimum pool safety standards, signed by the Governor; and WHEREAS, although the state standards established by AB 3305 do no take effect until January 1, 1998, local jurisdictions have until January 1, 1997, to adopt standards at least as protective as those of the state; and WHEREAS the effect of a local agency not adopting such pool safety standards before January 1, 1997, will be the loss of local control in this matter; and WHEREAS the City Council finds that the establishment of swimming pool safety standards for single-family residential occupancies is necessary and desirable. NOW, THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS : SECTION 1 . DECLARATION OF FACTS CONSTITUTING URGENCY. The City of Palm Springs hereby finds that this Ordinance is required to prevent a current and immediate threat to the public health, safety and welfare, in that the establishment of swimming pool safety standards for single-family residential occupancies by January 1, 1997, and, thereby, maintaining local control of this matter, is necessary and desirable to prevent that threat to public health, safety or welfare . AB 3305 requires compliance with its statutory requirements unless the City Council adopts local standards by January 1, 1997; the City Council will have no option to adopt a local ordinance after that date . However, establishing such standards without proper study is not in keeping with the integrity of the community. The image of the City of Palm Springs as a pleasant and attractive place to reside will be adversely affected by the establishment of undue standards . Therefore, the City needs to study the establishment of proper pool safety standards, and the overall effect on the integrity of the community. Reasonable establishment of pool safety standards protects the image of the community and its property values . SECTION 2 . APPROVAL OF APPLICATION FOR PERMITS FOR SWIMMING POOLS FOR SINGLE-FAMILY RESIDENTIAL OCCUPANCIES . The City Council hereby finds that, beginning on January 1, 1997, and during the time this Ordinance is in effect, (i) new swimming pools shall continue to be permitted, (ii) applications for swimming pool permits shall continue to be accepted for processing or processed, and (iii) permits shall continue to be issued for swimming pools, by meeting the standards established by this Ordinance as set forth below: 01541 Page 2 STANDARDS FOR SWIMMING POOLS, SPAS & HOT TUBS A. General : ' The provisions of this section apply to the design and construction of barriers for swimming pools„ spas and hot tubs provided for the use by no more than three families and their guests . B . Definitions : For the purpose of this Ordinance, certain terms, words and phrases are defined as follows : ABOVE-GROUND/ON-GROUND POOL. See definition of swimming pool . BARRIER is a fence, wall, building wall, safety cover complying with American Society for Testing Materials (ASTM) Standard F 1346-91 or a combination thereof, which completely surrounds the swimming pool and obstructs access to the swimming pool, spa or hot tub. When approved by the enforcement agency, barriers may also incorporate natural or manmade features, such as topography, waterways, restricted areas and similar features including geographically isolated areas which provide an effective access barrier to the pool area. GRADE is the underlying surface, such as earth or a walking surface. HOT TUB . See definition of spa. ' IN-GROUND POOL. See definition of swimming pool . SEPARATION FENCE is a barrier which separates all doors of a dwelling unit or building accessory thereto with direct access to a swimming pool, spa or hot tub from that swimming pool., spa or hot tub. SPA is a structure intended for recreational bathing, designed to contain water over 18 inches deep and outside dimensions not exceeding 160 square feet . SWIMMING POOL is any structure intended for swimming or recreational bathing that is designed to contain water over 18 inches deep . This includes in-ground, above-ground and on-ground swimming pools and fixed-in-place wading pools, and excludes spas . SWIMMING POOL, OUTDOOR, is any swimming pool which is totally outside the residential structure . C. Requirements : 1 . Outdoor Swimming Pool . An outdoor swimming pool, hot ' tub or spa shall be provided with a barrier_ . With respect to the installation or construction of an outdoor swimming pool, spa or hot tub, the City may require, either prior to plastering and/or filling with water, that the barrier be installed, inspected and approved. Outdoor swimming pools with electrically-operated or manual tracking safety covers that comply with the ASTM Standard F 1346-91 shall not be required to provide other 01541 Page 3 barriers . When electrically-operated safety covers are provided, the control for the pool cover shall be mounted at least 54 inches above grade . ' When barriers are required, the barrier shall comply with the following: a. The top of the barrier shall be at least 60 inches 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 two inches 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 four inches when grade is a solid surface impenetrable by a child, such as a concrete deck. Where the barrier is mounted on top of the above-ground pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be four inches . When barriers have horizontal members, the tops of which are spaced less than 45 inches apart, (1) the horizontal members shall be placed on the pool side of the barrier and (2) spacing between vertical members shall not exceed 1'/4 inches in width. 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. EXCEPTIONS : 1 . For fencing composed of vertical and horizontal members, the spacing between vertical members may be increased up to four inches when the distance between the tops of horizontal members is 45 inches or more . 2 . Existing fences surrounding property at pool area, which are at least 60 inches above grade, measured on the side of the barrier which faces away from the swimming pool, has a maximum vertical clearance between grade and the bottom of the barrier of two inches and has no openings that will allow the passage of a four-inch-diameter sphere are permitted. b. Openings in the barrier for chain link fences shall not allow passage of a 1% inch diameter sphere . The wire size shall not be smaller than 11 gauge . EXCEPTION: Maximum mesh size for chain-link fences shall be as provided in paragraph 2 above unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to no more than 1% inches . ' C . Access gates shall comply with the requirements of Items a. and b. and shall be equipped to accommodate a locking device . Separation fence gates shall open outward away from the pool and shall be self-closing and have a self-latching device . Gates other than separation fence gates are only required to have a self-latching device. Where the release mechanism of the self-latching devices is located less than 54 inches from grade, (1) the release mechanism shall be located on the pool side of the barrier at least three inches below the top of the 01541 Page 4 gate, and (2) the gate and barrier shall have no opening greater than one-half inch within 18 inches of the release mechanism. Any gates other than pedestrian access shall be equipped with lockable hardware or padlocks and shall remain locked at all times when not in ' use . d. Where a wall of a dwelling or buildings accessory to the dwelling serves as part of the barrier, and contains door openings providing direct access to the pool, those door openings shall be protected by one of the following means : (1) A self-closing and self-latching device installed on all doors with the release mechanism located a minimum of 54 inches above the floor. (2) An alarm capable of providing a sound pressure level of not less than 85 dba when measured indoors at a distance of 1.0 feet . The alarm shall. activate within 15 seconds after the door, and its screen if present, are opened and shall sound continuously for a minimum of 10 seconds then automatically reset . The alarm shall be equipped with a manual reset, such as a touchpad or switch, .located on the interior side of the wall not less than 54 inches above the threshold of the door to permit entry and exiting without activation of the alarm. The alarm shall automatically reset under all conditions . The alarm may be battery-operated or connected to ' the building wiring. (3) Other means of protection may be acceptable so long as the degree of protection afforded is substantially the same as that afforded by any of the devices described above . e . 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 a. through d. When the ladder or steps are secured, locked or removed, any opening created shall be protected by a barrier complying with Items a. through d. 2 . Spas & Hot Tubs . A spa or hot tub with a locking safety cover which complies with the ASTM Standard F 1346-91 shall not be required to provide other barriers . Where a locking safety cover is not provided, the spa or hot tub shall comply with the requirements of Section 1 . 3 . Indoor Swimming Pools . For an indoor swimming pool, , protection shall comply with the requirements of Section l .d. 4 . These requirements shall not preclude the requirements of Section 9302 . 00 "WALLS, FENCES 6 LANDSCAPING" of the Palm Springs Zoning Ordinance . 0154I Page 5 SECTION 3 . CONSISTENCY WITH CODES AND ORDINANCES . The City Council hereby finds that this Ordinance is consistent with all codes and ordinances of the City of Palm Springs in that it promotes consistency with the proper regulation of other uses ' within the community. SECTION 4 . URGENCY. The City Council hereby declares this Ordinance to be an urgency measure in accordance with Government Code Section 65858 . SECTION 5 . SEVERABILITY. It is the intention of the City Council that the sections, subsections, clauses and phrases of this Ordinance are severable, and if any portion of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of the Ordinance, and the City Council would have enacted such remainder without the portion found to be invalid or unconstitutional . SECTION 6 . PUBLICATION. The City Clerk of the City of Palm Springs shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted and published in the manner required by law. ADOPTED this 18th day of December , 1996 . AYES : Members Barnes, Hodges, Oden, Spurgin and Mayor Kieindienst NOES : ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By % Cj�t-y Clerk Mayor REVIEWED & APPROVED: AVr I HEREBY CERTIFY that the foregoing Ordinance 1541 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting held on the 18th day of December, 1996, and that same was duly published in the DESERT SUN, a newspaper of general circulation on December 26, 1996. JUDITH SUMICH City Clerk