Chapter 16.36
SWIMMING POOLS

Sections:

Article I. Barriers for Swimming Pools, Spas and Hot Tubs

16.36.110    General.

16.36.120    Definitions.

16.36.130    Requirements.

16.36.140    Request for approval.

16.36.150    Applicability.

Article II. Title, Scope, and General

16.36.210    Swimming Pool, Spa and Hot Tub Code adopted.

16.36.220    Purpose.

16.36.230    Scope.

16.36.240    Short title.

16.36.250    Exceptions to swimming pool locations.

Article III. Amendments to the 1997 Edition, Uniform Swimming Pool, Spa and Hot Tub Code

16.36.320    Section 302, Turnover Time, amended.

16.36.330    Section 310, Wastewater Disposal, amended.

16.36.335    Section 317(a) amended.

Article I. Barriers for Swimming Pools, Spas and Hot Tubs

16.36.110 General.

The provisions of this article apply to the design and construction of barriers for swimming pools located on the premises of Group R, Division 3 Occupancies. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.36.120 Definitions.

For the purpose of this article, certain terms, words, and phrases are defined as follows:

A. Above-Ground/On-Ground Pools. See definition of “swimming pool.”

B. “Approved child safety device” is a swimming pool safety device that has been tested and listed by UL, or any other independent testing agency that has been recognized and accepted by the Building Official, specifically for use as a swimming pool safety device, such as a tested and listed door alarm system or a tested and listed swimming pool cover.

C. “Barrier” is a fence, wall, building wall, or combination thereof that completely surrounds the swimming pool and obstructs access to the swimming pool.

D. “Grade” is the underlying surface such as earth or a walking surface.

E. Hot Tub. See definition of “swimming pool.”

F. In-Ground Pool. See definition of “swimming pool.”

G. “Separation fence” is a barrier which separates all doors of a dwelling unit with direct access to a swimming pool from the swimming pool.

H. Spa. See definition of “swimming pool.”

I. “Swimming pool” is any structure intended for swimming or recreational bathing that contains water over eighteen (18") inches deep. This includes in-ground, above-ground, and on-ground swimming pools; hot tubs; portable and nonportable spas; and fixed-in-place wading pools.

J. “Swimming pool, indoor” is a swimming pool which is totally contained within a residential structure and surrounded on all four (4) sides by walls of said structure.

K. “Swimming pool, outdoor” is any swimming pool which is not an indoor pool. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.36.130 Requirements.

A. Outdoor Swimming Pool. An outdoor swimming pool shall be provided with a barrier that, once installed, shall be inspected and approved by the Building Official prior to filling the swimming pool with water. The barrier shall comply with each of the following:

1. The top of the barrier shall be at least forty-eight (48") inches above grade measured on the side of the barrier that faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be two (2") inches measured on the side of the barrier that faces away from the swimming pool. The maximum vertical clearance at the bottom of the barrier may be increased to four (4") inches when grade is a solid surface such as a concrete deck, or when the barrier is mounted on the top of the above-ground pool structure. When barriers have horizontal members spaced less than forty-five (45") inches apart between the tops of the horizontal members, the horizontal members shall be placed on the pool side of the barrier. 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.

2. Openings in the barrier shall not allow passage of a one and three-quarter (1.75") inch or greater diameter sphere.

Exceptions:

a. When vertical spacing between such openings is forty-five (45") inches or more, the opening size may be increased such that the passage of a four (4") inch or greater diameter sphere is not allowed;

b. For fencing composed of vertical and horizontal members, the spacing between vertical members may be increased to a maximum four (4") inches when the distance between the tops of the horizontal members is forty-five (45") inches or more.

3. Chain link fences used as the barrier shall not be less than eleven (11 ga) gauge.

4. Solid barriers that do not have openings, such as masonry or stone walls, shall not contain indentations or protrusions except for tooled masonry joints.

5. Access gates shall comply with the requirements of subsections (A)(1) through (4) of this section. Pedestrian access gates shall be self-closing and have a self-latching device. Where the release mechanism of the latching device is located less than fifty-four (54") inches from grade, a) 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 b) the gate and barrier shall have no opening greater than one-half (0.5") inch within eighteen (18") inches of the release mechanism. Pedestrian gates shall swing away from the pool. Any gates other than pedestrian access gates shall be equipped with lockable hardware or padlocks and shall remain locked at all times when the pool is not in use.

6. Where a wall of a Group R, Division 3 Occupancy 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 subsections (A)(1) through (5) of this section shall be provided.

Exception: An approved child safety device, as defined in EGMC Section 16.36.120(B), subject to a prior written determination by the Building Official that the degree of protection to small children afforded by such an approved device is equal to that provided by a separation fence meeting the requirements of subsections (A)(1) through (5) of this section.

7. Where an above-ground pool structure is used as a barrier, or where the barrier is mounted on the top of the pool structure and the means of access is a ladder or steps, then either a) the ladder or steps shall be capable of being secured, locked, or removed to prevent access, or b) the ladder or steps shall be surrounded by a barrier that meets the requirements of subsections (A)(1) through (6) of this section. When the ladder or steps are secured, locked, or removed, any opening created shall be protected by a barrier complying with subsections (A)(1) through (6) of this section.

B. Indoor Swimming Pool. For an indoor swimming pool, protection shall comply with the requirements of subsection (A)(6) of this section.

C. Spas and 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 subsection (A) of this section. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.36.140 Request for approval.

Any person desiring the approval of a swimming pool child safety device other than the type or kind mentioned in EGMC Section 16.36.130 shall file a written request for such approval with the Building Official describing the type of child safety device. If, in the opinion of the Building Official, the child safety device will afford equal protection to small children, the Building Official shall approve the same in writing. The Building Official shall establish specific compliance criteria for any such child safety device, which shall be installed and inspected for compliance therewith, prior to filling the swimming pool with water. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.36.150 Applicability.

This article is intended, and does hereby apply, to swimming pools for Group R, Division 3 Occupancies. Any public swimming pool shall meet the barrier requirements contained in Section 9024 of Title 24, Part 2 the California Code of Regulations. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

Article II. Title, Scope, and General

16.36.210 Swimming Pool, Spa and Hot Tub Code adopted.

The Uniform Swimming Pool, Spa and Hot Tub Code, 1997 Edition, and the standards cited in Table 1 thereof, hereafter collectively known as the USPC, as published by the International Association of Plumbing and Mechanical Officials, is adopted as the swimming pool code for the City of Elk Grove, with such revisions, exceptions, deletions, and additions approved by the City Council hereinafter set forth in this chapter as exceptions to the USPC. Part I of the USPC is not adopted as part of the City of Elk Grove pool code. Except as otherwise provided by this chapter and EGMC Chapter 16.02, all construction, electrification and maintenance of swimming pools and barriers within the City shall be in conformance with State codes and any rules and regulations promulgated pursuant thereto. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.36.220 Purpose.

The ordinance codified in this chapter provides minimum requirements and standards for the protection of the public health, safety, and welfare. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.36.230 Scope.

The provisions of this code shall apply to the erection, installation, alteration, addition, repair, relocation, replacement, maintenance, or use of any swimming pool, spa, or hot tub plumbing system except as otherwise provided for in this code. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.36.240 Short title.

The Uniform Swimming Pool, Spa and Hot Tub Code, 1997 Edition, including the standards cited in Table 1 thereof, and the revisions, exceptions, deletions, and additions provided herein, shall be known as the City of Elk Grove swimming pool code. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.36.250 Exceptions to swimming pool locations.

The Building Official may authorize the construction of a swimming pool, hot tub, spa, spa pool, or similar pools across a property line or in the rear yard or side yard of an adjacent lot or within the common area of a planned development, provided:

A. The construction of the swimming pool, spa, spa pool, hot tub, or other pool and the location thereof have been previously approved by the Development Services Department; or the locations of the swimming pool, spa, spa pool, hot tub, or other pool is specified on an approved tentative subdivision map.

B. Easements have been recorded and reserved for the lot which specifically provide for the location and construction of the swimming pool, hot tub, spa, spa pool, or other pool and necessary appurtenances and which allow for the use and maintenance of the swimming pool, spa, spa pool, hot tub, and other pool and appurtenances.

C. The easements, prior to the recordation thereof, have been approved by the City Attorney of City of Elk Grove. [Ord. 24-2015 §7 (Exh. E), eff. 2-12-2016; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

Article III. Amendments to the 1997 Edition, Uniform Swimming Pool, Spa and Hot Tub Code

16.36.320 Section 302, Turnover Time, amended.

Section 302 of the Uniform Swimming Pool, Spa and Hot Tub Code is amended to read as follows:

Section 302. Turnover Time. The entire design of matched components shall have sufficient capacity to provide a complete turnover of pool water in:

1. Private pools: twelve (12) hours or less;

2. Wading pools: two (2) hours or less;

3. Private spas and hot tubs: one (1) hour or less.

[Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.36.330 Section 310, Wastewater Disposal, amended.

Section 310 of the Uniform Swimming Pool, Spa and Hot Tub Code is amended to read as follows:

Section 310. Wastewater Disposal. No direct or indirect connection shall be made between any storm drain, sewer, drainage system, seepage pit, underground leaching pit, or subsoil drainage line and any line connected to a swimming pool unless approved by the administrative authority.

When wastewater from a swimming pool is permitted by the administrative authority to be disposed of through a public sewer, an approved eighteen (18") inch sump with a three (3") inch diameter external trap shall be installed with a connection to a four (4") inch diameter minimum house sewer and shall extend to a minimum of three (3") inches above finished grade and below the finished floor. The connection between the filter waste discharge piping and the sump shall be made by means of an air gap.

Plans and specifications for any deviation from the above manner of installation shall first be approved by the administrative authority before any portion of any such system is installed. When wastewater disposal is to a seepage pit installation, it shall be installed in accordance with the approval granted by the administrative authority.

[Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.36.335 Section 317(a) amended.

Section 317(a) of the Uniform Swimming Pool, Spa and Hot Tub Code is amended to read as follows:

(a) All pool, spa, and hot tub piping shall be inspected and approved before being covered or concealed. It shall be tested and proved tight to the satisfaction of the Building Official under a static water or air pressure test of not less than thirty-five (35 psi) pounds per square inch for fifteen (15) minutes.

EXCEPTIONS:

1. All exposed equipment need not be tested as required in this section.

2. Pool and/or spa solar systems and their related above-ground piping shall be tested under actual operating conditions.

[Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]