Chapter 8.28
SWIMMING POOLS
Sections:
8.28.020 Fencing/enclosure required.
8.28.030 Construction beneath electrical conductors.
8.28.060 Plans for new construction.
8.28.070 Conditional use permit.
8.28.010 Findings.
It is found, declared, and determined that public and/or private swimming pools shall be fenced as a precautionary measure to prevent a severe hazard to the health, safety, and welfare of the inhabitants of the city of Angels, particularly small children, unless alternatives are approved in accordance with Section 8.28.070. (Ord. 513 §1 (Att. Option B), 2021; Ord. 199 §1, 1974)
8.28.020 Fencing/enclosure required.
Except as otherwise provided in Section 8.28.070:
A. Every person who owns or is in possession of any premises in the city on which there is situated a swimming pool, fish pond, wading pool or any outside body of water created by artificial means, any portion of which is two feet deep or more, shall provide and maintain, on the lot or premises upon which such body of water is located, a permanent enclosure, not less than sixty inches in height. For the purposes of this section, an enclosure means a fence, wall, or other barrier that prevents access to a swimming pool or other water feature subject to this section from neighboring properties and may prevent access from the home or other habitable buildings on the same lot.
Buildings (dwelling or accessory buildings) on the subject lot may be used as part of, or located within, the pool enclosure. Where a separate enclosure does not fully separate the pool from a habitable structure, at least two additional drowning prevention safety features specified under the California Swimming Pool Safety Act shall be provided for each habitable structure accessible to the pool, unless otherwise amended by state law.
B. The fence or wall shall be constructed so as to prevent any person, including small children, from crawling or passing through, under or over the same, except at gates therein. (Ord. 513 §1 (Att. Option B), 2021; Ord. 199 §2, 1974)
8.28.025 Setbacks.
Unless otherwise established in Title 17, swimming pools shall be located outside of the front setback and shall have a minimum setback of five feet from any side or rear parcel boundary. (Ord. 513 §1 (Att. Option B), 2021; Ord. 405 §2, 2003)
8.28.030 Construction beneath electrical conductors.
A swimming pool, fish pond, wading pool or any outside body of water created by artificial means shall not be constructed beneath any electric conductor or within fifteen feet of the centerline of any line of poles devoted to public use. (Ord. 513 §1 (Att. Option B), 2021; Ord. 199 §3, 1974)
8.28.040 Gates or doors.
Except as otherwise provided in Section 8.28.070:
Gates or doors opening through the fence, wall or structure protecting the body of water mentioned in Section 8.28.020 shall be equipped with self-closing and self-latching devices capable of keeping such gate or door securely closed at all times when not in actual use. Such latching devices shall be located on the inside of such gates, and shall be of such size as to completely fill any opening in the fence or wall. The owner or person in possession of the premises on which such a body of water exists shall keep such doors and gates closed and securely latched at all times when such body of water is not under supervision by a competent person. (Ord. 513 §1 (Att. Option B), 2021; Ord. 199 §4, 1974)
8.28.050 Compliance.
Except as otherwise provided in Section 8.28.070:
The fencing required by these regulations shall be installed around all existing pools or bodies of water. No pool or other body of water shall be filled with water until the fencing required by the provisions of this chapter has been provided. (Ord. 513 §1 (Att. Option B), 2021; Ord. 199 §5, 1974)
8.28.060 Plans for new construction.
All plans submitted to the city of Angels shall show compliance with the requirements of this chapter and final inspection and approval of all pools shall be withheld until all requirements of this chapter have been complied with. (Ord. 513 §1 (Att. Option B), 2021; Ord. 199 §6, 1974)
8.28.070 Conditional use permit.
Subject to acquisition of a conditional use permit, the city planning commission may:
A. Fencing, Wall, Gates, Latches. Make modifications in individual cases, upon a showing of good cause, with respect to the height, nature or location of the fence, wall, gates or latches, or the necessity therefor, provided the degree of protection provided for in this chapter is not reduced and the provisions of California Health and Safety Code Section 115920 et seq., the Swimming Pool Safety Act, are met.
B. Fencing Alternatives. Approve alternatives to fencing. Any alternatives approved by the planning commission shall, at a minimum, include those pool safety features as required by California Health and Safety Code Section 115920 et seq., the Swimming Pool Safety Act. Approved alternatives shall not require fewer safety features than mandated by state law. The use of alarms only, because they may easily be removed subsequent to final inspection, is discouraged.
C. Prior to issuance of a conditional use permit, the applicant shall supply written verification from the owner’s homeowner’s insurance provider that identified safety alternatives are accepted by the insurer. This verification may be required prior to processing an application for a conditional use permit. (Ord. 513 §1 (Att. Option B), 2021; Ord. 199 §7, 1974)
8.28.080 Violation--Penalty.
Any violation of this chapter is a misdemeanor. (Ord. 514 §3 (Att. G), 2021; Ord. 513 §1 (Att. Option B), 2021; Ord. 202 §1, 1974: Ord. 199 §7(a), 1974)