HomeMy WebLinkAboutORD-21-96 Amend and Add New Ch. 15.44 Swimming Pool FencingORDINANCE NO. 21-
96 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE, AMENDING CHAPTER 15.44
OF THE ORANGE MUNICIPAL CODE BY DELETING
SAID CHAPTER 15.44 IN ITS ENTIRETY AND
SUBSTITUTING THEREFORE THE FOLLOWING NEW CHAPTER 15.
44 WHEREAS, the swimming pool requirements contained in Chapter15.44
are inconsistent with the swimming pool fencing requirements contained in Appendix
Chapter 4 of the Uniform Building Code and with the requirements of Orange County and
other municipalities in this area;
and WHEREAS, the City of Orange desires to provide swimming pool
fencing standards that will result in improved levels of safety for young
children.NOW, THEREFORE, the City Council of the City of Orange does ordain
as
follows:Sec:tion
I:Chapter15.44 of the Orange Municipal Code be deleted in its entirety, and that
a new Chapter15.44 be adopted to read as
follows:CHAPTER 15.
44
BARRffiRSFORSWIMMTNGPOOLS 15.44.010 Definitions. For the purpose ofthis Chapter, certain terms, words
and phrases are defined as
follows:BARRIER is a fence, wall, building wall or a combination thereof,
which completely surrounds the swimming pool and obstructs access to the
swimming
pool.GRADE is the underlying surface such as earth or a walking
surface.HOT TUB See definition of "swimming
pool"IN-GROUND POOL See definition of "
swimming pool"SEPARATION FENCE is a barrier which separates all doors of a
dwelling unit with direct access to a swimming pool from the
swimming pool.SPA See definition of "
swimming pool"SWIMMING POOL is any structure that contains or is capable
of containing water over 24 inches deep This includes, but is not limited to,
in-ground, above ground and on-ground swimming pools; hot
tubs; portable and non-portable
15.44.020 ReQuirements
A. Every person in possession of land within the City, either as owner,
purchaser under contract, lessee, tenant, licensee or otherwise, upon which is situated a
swimming pool, spa, or other out-of-doors body of water, having a depth in excess
of 24 inchl~s, shaU maintain in good condition an enclosure or fence of any material
or design,except as hereinafter provided, substantially constructed, not lower than five feet
in height above the surface of the ground measured vertically from the outside
grade and completely surrounding such pool or body
of water.B. Any pool enclosed by a fence which fence does not meet
the requirements of t~~s chapter shall be drained immediately and shall not be refilled until such time
as the enclosure is brought into compliance with the provisions of
this chapter.C. No opening between vertical member of a wood, metal picket,
stake or other fence shall exceed four inches between member. No opening
between horizontal members of a wood, metal or other fence shall exceed two inches
between members.D. The maximum vertical clearance between grade and the bottom
of the barrier shall be 2 inches. This maximum vertical distance may be increased to
4 inches when grade is a solid surface such as a concrete or
brick deck.E. Horizontal members placed on the pool side of a barrier shall not
be limited as to spacing. Any decorative design work on the side away from the
swimming pool,such as protrusions, indentations or cutouts which render the barrier easily
climbable,
isprohibited.15.44.030 Gates
and Doors.A. All gates and doors opening through a swimming pool enclosure
shall be equipped with a self-closing and self-latching device designed to keep
such door or gate securely closed at all times when not in actual use. The
unlocking or unlatching device shall be located not less than 54 inches above grade or steps at the
gate or door measured vertically outside the enclosed area. This shall include any passage
door or gate opening from an accessory building, such as a garage. All gates or doors in
the pool barrier shall swing
away from the pool.B. Where a wall of a single family dwelling unit serves as part
of the barrier and contains door openings between the dwelling unit and the
outdoor swimming pool, which provide direct access to the pool, a separation fence meeting
the requirements of this
Chapter shall be provided.Exception - when approved by the Building Official, one of the
following
1. Self-closing and self-latching devices installed on all doors
with direct access to the pool with the release mechanism located a minimum
of 54 inches above
the floor.2. An alarm installed on all doors with direct access to the pool.
The alarm shall sound continuously for a minimum of 30 seconds
immediately after the door and its screen, if present, are opened, and be capable
of providing a sound pressure level of not less than 85 dBA when measured
indoors at 10 feet. The alarm shall automatically reset under all conditions.
The alarm system shall be equipped with a manual means, such as a touch
pad or switch, to temporarily deactivate the alarm for a single
opening. Such deactivation shall last no longer than 15 seconds. The
deactivation switch shall be located at least 54 inches above the threshold of
the door.3. Other means of protection may be acceptable when in the judgment
of the Building Official, the degree of protection afforded is not less
than that afforded by any of the devices
described above.Section 15.44.
040 Enforcement A. The Building Official is hereby authorized to enforce all the
provisions of this chapter and to render interpretation of the provisions of
this chapter.Section 15.44.050 Violations
and Penalties A. Any person, firm or corporation violating any of the provisions
of this chapter shall be deemed guilty of a separate offense for each and every day
or portion thereof during which any violation of the provisions of this chapter
is committed,continued, or permitted and each such offense shall be punishable by a fine of
not more than One Thousand Dollars ($1,000.00) or by imprisonment for not more than
six months,or both such fine
and imprisonment.B. In addition, this code may be enforced by injunction or
by other appropriate
civil remedy.
Section II:A summary of this Ordinance shall be published and a certified copy of the
full text of this Ordinance shall be posted in the Office of the City Clerk at least five (5)
days prior to the City Council meeting at which this Ordinance is to be adopted. A summary
of this Ordinance shall also be published once within fifteen (15) days after this
Ordinance's passage in the Orange City news, a newspaper of general circulation,
published and circulated in the City of Orange. The City Clerk shall post in the Office of the City
Clerk a certified copy of the full text of such adopted Ordinance along with the names
of those City Council members voting for and against the Ordinance in
accordance with GoveITUllent Code Section 36933. This Ordinance shall take effect thirty (30)
days from and after the date of its
ADOPTED this 10th day of Septembe~ 1996.
ATTEST:
Il
City Clerk of the
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, Cassandra Cathcart, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Ordinance was introduced at the regular meeting of the City
Council held on the 27th day of August, 1996, and thereafter at the regular
meeting of said City Council duly held on the 10tlL- day of September, 1996 was
duly passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: MURPHY, BARRERA, COONTZ, SPURGEON,
SLATER
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
7
City Clerk of the
Ord.21-96