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HomeMy WebLinkAbout1542 - ORDINANCES - 1/22/1997 ORDINANCE NO. 1542 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FURTHER EXTENDING , THE INTERIM SWIMMING POOL SAFETY STANDARDS FOR SINGLE-FAMILY RESIDENTIAL OCCUPANCIES . WHEREAS the City Council of the City of Palm Springs adopted Ordinance No . 1541 on December 18 , 1996, that established swimming pool safety standards for single-family residential occupancies; and WHEREAS the legislature of the State of California 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 not take effect until January 1, 1998 , local jurisdictions had 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, is the loss of local control in this matter; and WHEREAS, if not further extended, Ordinance No. 1541 shall be of no further force and effect; and WHEREAS, since the time of the: passage of Ordinance No. 1541, the ' City has undertaken, through its Department of Planning & Building, a planning and zoning study to determine the appropriate swimming pool safety standards for single-family residential occupancies; and WHEREAS, despite diligent efforts, the studies required to determine the appropriate swimming pool safety standards for single-family residential occupancies are not complete and further study is required; and WHEREAS Ordinance No. 1541 satisfies the intent of AB 3305 to establish minimum pool safety standards; and W ,EREAS the City Council finds that the establis' '.ien.t of swimming pool safety standards for single-family resident ' I_ occupancies is necessary and desirable, and the lack of such standards would result in an immediate threat_ to the public health, :safety and welfare; and WHEREAS the provisions of California Government Code Section 65858 permit an extension of an interim ordinance for a period of 10 months and 15 days . NOW, THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF ' PALM SPRINGS, CALIFORNIA,, DOES ORDAIN AS FOLLOWS : SECTION 1 . FINDINGS AND DECLARATION OF URGENCY. The City Council of the City of Palm Springs hereby finds and determines as follows : A. The current codes and ordinances of the City of Palm Springs do not provide sufficient safety standards or guidelines for the 01542 Page 2 City to review applications for the determination and approval of swimming pools for single-family occupancies . B . Failure to thoroughly study appropriate criteria for the ' establishment of sufficient swimming pool safety standards for single-family residential occupancies will result in a substantial number of swimming pools within the City without controls needed to protect the public health, safety and general welfare . C. The approval of applications for the establishment of swimming pools for single-family occupancies under the current provisions of the City' s codes and ordinances constitutes a current and immediate threat to the public health, safety and welfare of the City and its residents . D. The City has adopted Ordinance No. 1541 to alleviate the condition identified in AB 3305 and to maintain local control of this matter with the purpose of protecting the residents of and property located within the City from the threat to health, safety and welfare herein identified. E . Further extension of Ordinance No. 1541 for an additional 10 months and 15 days is required to allow sufficient time to complete appropriate studies regarding swimming pool safety standards for single-family occupancies, and to continue protecting the residents of and property located within the City from the threat to health., safety and welfare herein identified. SECTION 2 . APPROVAL OF APPLICATIONS FOR PERMITS FOR SWIMMING POOLS ' FOR SINGLE-FAMILY RESIDENTIAL OCCUPANCIES. The City Council hereby extends Ordinance No. 1541 for an additional period of 10 months and 15 days, and during the time this Ordinance is extended, (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: 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. 01542 Page 3 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 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 11/4 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. II� 01542 Page 4 lc 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 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 10 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 01.542 Page 5 shall automatically reset under all conditions . The alarm may he 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 & LANDSCAPING" of the Palm Springs Zoning Ordinance. SECTION 3 . PLANNING STUDIES . Among other things, the Department of Planning & Building has 1) reviewed the City' s existing regulations for swimming pool safety standards for single-family occupancies and 2) initiated an analysis of appropriate standards in this regard. However, the Department has not completed its review and analysis of this project . The Department of Planning & Building is hereby directed, utilizing appropriate staff, personnel and resources, to continue necessary studies, including undertaking all actions and conducting further studies, if needed, to determine what regulations are appropriate to provide adequate swimming pool safety standards for single-family occupancies . Such studies shall be completed within the time period permitted by this ordinance . The City Attorney shall cooperate in undertaking this review and study by providing appropriate legal analysis of the regulatory standards and guidelines recommended. The Department of Planning & Building shall periodically report to the City Council on the status of this project as needed. SECTION 4 . URGENCY. Based upon the findings in Section 1, the ' City Council hereby declares this Ordinance to be an urgency interim measure enacted pursuant to the provisions of California Government Code Section 65858 . SECTION 5 . DURATION. This Ordinance shall be effective immediately upon adoption by a four-fifths (4/5) vote of the City Council and shall remain in. effect for a period of 10 months and 15 days from the date hereof, or such shorter period as may be approved by ordinance adopted by the City Council . A�e"' 01542 Page 6 IC6 SECTION 6 . 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 7 . 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 this22nd day of January 1997 AYES : Mernbers Barnes, [lodges, Oden, Spurgin and Mayor Kleindienst NOES : [lone ABSENT : None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA L City Clerk ( Mayor REVIEWED & APPROVED: :'i!_ryt1PY Cc"TIFY that the foregoing Ordinance 154'2 was duly adop .ed y he City Council of the City of Palm Springs, California, a rneeCinq meld on the 22nd day of January and that sane was published in she OFSF"T SU01, a newspaper of general circulation on January 29, 1":7. ", JUDITI SUNICH City Cler2 1