HomeMy WebLinkAboutORD-49-79 REQUIRES ENCLOSURE OF SWIMMING POOLS AND SPASORANGE CITY NEWS: Please publish \~ednesday, August 29, 1979 only and send PIl.OOF
and PROOF OF PUBLICATION to City Clerk, P.O, Box 449, Orange, California 92666.
LlcY.,'i_:L'__}ENSE.N_Lc:Dl~__c:.r:f:I{j(ORDINANCE
NO. 49-79
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ORANGE AMENDING CHAPTER 9 OF ARTICLE III
OF THE ORANGE MUNICIPAL CODE BY REVISING
SECTION 3900.1 TO REQUIRE ENCLOSURE OF SWIMMING
POOLS AND SPAS.
THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS FOLLOWS:
SECTION I:
section 3900.1 of Chapter 9 of Article III of the Orange
Municipal Code is hereby amended to read as follows:
section 3900.1 Swimming Pools and Spas
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 designed, constructed and used
for swimming,wading, dipping or immersion by men, women
or children,having a depth in excess of eighteen (18)
inches, shall maintain in good condition an enclosure or fence
of any material or design, except as
hereinafter provided,substantially constructed, not lower than five (
5) 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 this 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 article.c) No opening between vertical members of a
wood, metal picket, stake or other fence shall exceed
five (5)inches between members. No opening
between horizontal members of a wood, metal or other fence
shall exceed two (2) inches between members. If a
fence combining vertical and horizontal members meets either
the vertical or horizontal requirements of this section, it
shall be deemed to meet the requirements of
this section.d) All enclosures and gates for swimming pools
and spas shall extend to within two (2) inches of firm
soil or within four (4) inches
of pavement.e) All gates or 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 five (5) feet above grade
or steps at the gate or door measured
vertically outside the enclosed areas. This shall include any
passage door or gate opening from an accessory building,
such
as a garage.Exceptions:1) The unlocking or unlatching
device may be located on the inside of the enclosure
at less than the required five (5) feet in
height when not openab1e from the
outside of the enclosure.Published - Orange City News - August
2) Self-closing and self-latching devices
shall not be required on doors leading from a
dwelling unit into the
pool area.3) Double gates installed across
vehicular accessways shall be self-closing and shall
be equipped with a latching device which may
be manually operated.Such gates shall be securely closed
at all times when not
in actual use.f) Any lights used to illuminate any swimming
pool or spa shall be so arranged and shaded as
to reflect light away from
any adjoining premises.g) Following written request by the
owner, the building official may modify or eliminate
the foregoing requirements where, in the judgment of the
building official, local conditions afford protection equivalent
to that outlined in this article. The building
official may require that evidence or proof in the form
of affidavits or otherwise be submitted to substantiate
or justify such requests and may apply reasonable
conditions to insure ultimate compliance with this code in the
event of a
change of
conditions.ECTION II:This ordinance shall be published once
within fifteen (15)days after its passage in the Orange City News,
a newspaper of general circulation, published and circulated in
the City of Orange, and shall take effect thirty (30) days
from and after the date of
its final passage.ADOPTED this 21st day
of
August
1979.
J~_4 Mayor of the City
of
oraifge ATTEST:f. 2-t' O/~~t.. 1?L.i ';)-. k::}
I-~:U:<?~.'/'Ci ty Clerk' of thtl Cicty
of
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF ORANGE )
I, MARILYN J, JENSEN, City Clerk of the City of Orange, California,
DO HEREBY CERTIFY that the foregoing ordinance was introduced at a
regular meeting of the City Council duly held on the 14th day of
August, 1979, and thereafter at a regular meeting of said City Council duly
held on the 21st day of August, 1979, was duly passed and adopted
by the following vote, to wit:
AYES:
NOES:
ABSENT:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
BARRERA, SMITH, MAYOR HOYT, PEREZ, BEA!'1
NONE
NONE
WITNESS my hand and seal this 22nd day of August, 1979,
j]' .....
i(.."
Marilyn J, Jensen
City Clerk of the City of Orange