Chapter 18.32
SWIMMING POOLS*

    Editor’s Note: Chapter 18.32 entitled “Swimming Pools” adopted by prior code §§ 3800-3802 has been superseded in its entirety by Ordinance 84-23.

Sections:

18.32.010    Definitions.

18.32.020    Swimming pools – General.

18.32.030    Enclosure of swimming pools.

18.32.040    Enclosure of swimming pool equipment.

18.32.010 DEFINITIONS.

“Swimming pool” or “pool” means any structure intended for swimming or recreational bathing that contains water over eighteen inches (four hundred fifty-seven millimeters) deep or with a surface area exceeding one hundred square feet. “Swimming pool” includes in-ground and above-ground structures and includes, but is not limited to, hot tubs, spas, portable spas and nonportable wading pools, lakes, ponds, and other natural or artificial bodies of water.

(Ord. 2019-18 § 14, 2019: Ord. 84-23 § 1, 1984).

18.32.020 SWIMMING POOLS – GENERAL.

(1)    The issuance of a permit based upon submitted plans and specifications, shall not prevent the chief building official from thereafter requiring the correction of any errors in said plans and specifications, or from preventing construction operations being carried on thereunder, when in violation of this code, or of any state law, or the regulations of any state department, agency or board, or from revoking any approval when issued in error.

(2)    The permittee shall indicate on the plans and specifications, facilities for the disposal of swimming pool wastewater, to the satisfaction of the chief building official.

(3)    The application for permit shall be filed with the chief building official and shall be accompanied by plans in duplicate and in sufficient detail, including plot plan, to indicate clearly the intended method of construction and location of said swimming pool.

(4)    Any permit granted by the chief building official hereunder may be revoked by him for failure to comply with the provisions of this chapter, or the rules promulgated hereunder, or whenever, in the determination of the chief building official, further operation under such permit creates a menace to the health or safety of the users of the swimming pool; provided, that the holder of any permit which has been revoked may appeal to the city council the chief building official’s revocation of the permit, in accordance with the provisions of Chapter 1.16, in order to have the city council determine the legality or reasonableness of the revocation of said permit. No appeal so taken, however, shall entitle the permit holder to continue operation of the swimming pool pending action by the city council on the appeal.

(Ord. 84-23 § 1, 1984).

18.32.030 ENCLOSURE OF SWIMMING POOLS.

(1)    Every outdoor swimming pool shall be completely surrounded by a fence or wall not less than five feet in height, which shall be so constructed so as to have no openings through which a four-inch sphere can pass. The maximum vertical clearance from the ground to the bottom of the enclosure shall not exceed two inches. Access gates to such enclosures shall be both self-closing with a gate height of not less than five feet and self-latching with a latching device height of not less than sixty inches. Gates, fences and walls shall be of a design to discourage climbing and be free of protrusions or cavities that could serve as hand or footholds that a child under five could climb.

Gates shall open away from the pool area.

(2)    Enclosures which do not isolate the pool from access directly from an adjoining residence shall be prohibited unless one of the following devices is installed:

a.    An approved locking pool cover complying with ASTM F1346-91.

b.    Exit alarms shall be installed on all doors providing direct access to the pool area. Such alarms shall be continuous sounding until reset and shall be audible throughout the residence. Reset devices shall be located not closer than fifty-four inches from the floor.

(3)    The chief building official may 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 protection sought hereunder is not reduced thereby. The chief building official may permit other protective devices or structures, including, but not limited to, hedges to be used so long as the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the wall, fence, gate and/or latch described herein.

(4)    The fence or wall, or other enclosure, as herein specified, shall be installed or provided around all existing swimming pools within ninety days from and after the effective date of these regulations. No swimming pool, the construction of which is completed after the effective date of these regulations, shall be filled with water until the fencing, wall, or other enclosure required hereby has been provided.

(5)    The requirements of this section shall be applicable to all outdoor swimming pools now existing or hereafter constructed, except hotel and motel pools where an attendant or supervisor is on duty on the premises at all times. No person in possession of land within the city, either as owner or purchaser, lessee, tenant or licensee, upon which is situated an outdoor swimming pool which is subject to the regulations hereof, shall fail to provide and maintain such fence or wall as is herein specified.

(Ord. 2019-18 § 15, 2019: Ord. 99-08 § 6, 1999: Ord. 84-23 § 1, 1984).

18.32.040 ENCLOSURE OF SWIMMING POOL EQUIPMENT.

All mechanical equipment associated with the operation of any swimming pool shall be enclosed in such a manner so as to minimize noise generated by said equipment.

(Ord. 85-67 § 1, 1985).