HomeMy WebLinkAbout92-21 - Amending Chapter 15.09 to the Newport Beach Municipal Code to Adopt the Uniform Swimming Pool Code 1991 EditionORDINANCE NO. 92- 21
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING CHAPTER 15.09 TO THE NEWPORT BEACH
MUNICIPAL CODE TO ADOPT THE UNIFORM SWIMMING POOL CODE
• 1991 EDITION
The City Council of the City of Newport Beach DOES ORDAIN as follows:
SECTION 1. Chapter 15.18 of the Newport Beach Municipal Code is adopted
to read:
Chapter 15.09
SWIMMING POOL CODE
Section:
15.09.010 Adoption of Uniform Swimming Pool Code
15.09.020 Deletion of Part 1 Administration.
15.09.030 Addition of Subsections (c), (d), (e) and (f) to Section 301
of the Swimming Pool Code
15.09.010 Adoption of the Uniform Swimming Pool Code. The City Council
•adopts and incorporates by reference, as though set forth in full in this
Chapter, the 1991 edition of the "Uniform Swimming Pool, Spa, and Hot Tub Code"
as published by the International Association Plumbing and Mechanical Officials.
The City Council also adopts and incorporates by referene all applicable portions
of Title 24, California Code of Regulations subject to the changes, and
modifications set forth in this chapter.
The various parts of this code, along with the amendments adopted in this
Chapter, shall constitute and be known as the Newport Beach "Swimming Pool" Code.
A copy of the 1991 Uniform Swimming Pool, Spa, and Hat Tub Code, printed in code
book form shall be kept on file in the office of the City Clerk.
15.09.020 Deletion of Part 1 Administration.
15.09.020 Part 1 Administration of the Swimming Pool Code is deleted in
•its entirety. All administrative provisions including enforcement, permit
process, fees, and inspections for this Chapter are contained in the
Administrative Code under Chapter 15.02.
15.09.030 Amendment to Section 301 of the Swimming Pool Code. Section
301 of the Swimming Pool Code is amended by adding a Subsection (c), (d), and (e)
as follows:
!1.
Sec. 301(c) Waste water from any filter, scum filter, scum gutter,
overflow, pool emptying line, or similar apparatus or appurtenance shall
discharge into an approved type receptor and subsequently into a public sewer.
The flood level rim of such receptor shall be at least six (6) inches above the
flood level of the adjacent ground. Each such receptor when permitted to be
• connected to any part of a drainage system shall be provided with an approved
trap with a minimum pipe size of three (3) inches.
Sec. 301(d)
(a) Any swimming pool, hot tub, or other man -made out -of -doors body of
water in excess of eighteen (18)inches deep shall be contained within an
enclosure or barrier conforming to the following requirements:
1. The top of the barrier shall be at least sixty (60) inches above
grade measured on side of the barrier which faces away from the
swimming pool.
2. Openings, holes or gaps in the barrier, doors and /or gates shall not
allow passage of a four (4) inch diameter sphere. Shrubs, trees, or
landscape materials cannot be considered as a part of the barrier.
• 3. Solid barriers, such as masonry, concrete, or stone walls shall not
contain indentations, protrusions except for tooled masonry joints.
4. Any configuration providing ladder -like access allowing entry to the
pool area shall be prohibited. Ladder -like access shall mean any
method assisting such action as climbing, crawling, pushing, jumping
or other means to gain access to a pool or spa area.
5. Where the barrier is composed of horizontal and vertical members,
the distance between the tops of horizontal members shall be forty -
five (45) inches or more, openings between vertical member shall not
exceed four (4) inches.
6. Maximum mesh size for chain link fences shall be a 1 -1/4 inch square
unless the fence is provided with slats fastened at the top or the
bottom which reduce the openings to no more than 1 -3/4 inches in
• width. The wire shall be not less than nine (9) gauge.
7. Where the barrier is composed of diagonal members, such as a lattice
fence, the maximum opening formed by the diagonal members shall be
no more than 1 -3/4 inches.
8. All required pool fence and gate enclosures shall extend to within
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two (2) inches of firm soil or pavement
All access gates shall be
constructed in compliance with all requirements stipulated for pool
fences in Items 1 through 7 above, and shall be equipped to
accommodate a locking device. Access gates shall open outward away
from the pool, spa, or hot tub, and shall be self closing and have
a self latching device. Where the release mechanism of a self
latching device is located less than fifty -four (54) inches from the
bottom of the gate or adjoining grade, (1) the release mechanism
shall be located on the pool side of the gate at least three (3)
inches below the top of the gate, and (2) the gate and barrier shall
have no opening greater than 1/2 inch within twenty -four (24) inches
of the release mechanism.
9. Where a wall of a dwelling serves as part of the barrier, doors with
direct access to the pool through that wall shall be equipped with
an alarm which produces an audible warning when the door and its
screen, if present, are opened. The alarm shall sound continuously
for a minimum of thirty (30) seconds immediately after the door is
opened and be capable of being heard throughout the house during
normal household activities. The alarm shall automatically reset
under all conditions. The alarm shall be equipped with a manual
means, such a touchpad or switch to temporarily deactivate the alarm
for a single opening. Such deactivation shall last not more than
fifteen (15) seconds. The deactivation switch shall be located at
least fifty -four (54) inches above the threshold of the door.
EXCEPTIONS:
The Building Official may approve the following alternatives:
(1) Self closing, with self latching devices, may be substituted,
provided they are installed at fifty -four (54) inches above
threshold.
(2) Automatic safety pool cover conforming to ASTM ES 13 -89.
(3) Other alternatives, including new technologies, after such
systems are evaluated to insure that this safety system is equal and
satisfies barrier requirements.
10. 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
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of access is a ladder or steps, then (1) the ladder or steps shall
be capable of being serviced, locked, or removed to prevent access
or (2) the ladder or steps shall be suspended by a barrier which
meets the requirements of Items 1 through 9 above. When the ladder
or steps are secured, locked, or removed, any opening created shall
• not allow the passage of a four (4) inch diameter sphere.
Access doors to indoor swimming pools shall be self - closing
and self- latching in accordance with requirements of this code as
stated above.
Section 301(e) Water Clarity
All swimming pool and spa water shall be maintained in a clear
condition which is free of algae, insects, debris, and in a sanitary
condition. The floor of the pool shall be clearly visible.
Section 301(f) Retroactivity
Subsection 301(d) shall not be enforced on a retroactive basis.
Existing barriers required at the time of pool construction shall
apply and be maintained.
•SECTION 2. That if any section, subsection, sentence, clause, or phrase
of this ordinance is, for any reason, held to be invalid or unconstitutional,
such decision shall not affect the validity or constitutionality of the remaining
portions of this ordinance. The City Council hereby declares that it would have
passed this ordinance, and each section, subsection, clause, or phrase hereof,
irrespective of the fact that any one or more sections, subsections, sentences,
clauses, and phrases be declared unconstitutional.
SECTION 3. This Ordinance shall be published once in the official
newspaper of the City and the same shall be effective thirty (30) days after the
date of its adoption.
This Ordinance was introduced at a regular meeting of the City Council of
the City of Newport Beach held on the 11th day of May . 1992
and was adopted on the 8th day of June . 1992, by the following
vote to wit:
0 AYES, COUNCIL MEMBERS WATT, TURNER,
SANSONE, HART, COX, PLUMMER
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NOES, COUNCIL MEMBERS HEDGES
ABSENT COUNCIL MEMBERS NONE
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ATTEST:
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