Chapter 15.44


15.44.010    Permits required.

15.44.020    Definition of swimming pool.

15.44.030    Fencing required.

15.44.040    Violation – Penalty.

15.44.050    Application to existing pools.

15.44.010 Permits required.

All swimming pools shall be constructed according to the applicable portions of the Uniform Building Code and Uniform Plumbing Code. (Ord. 107 § 1, 1990)

15.44.020 Definition of swimming pool.

“Swimming pool” means any contained body of water exceeding two feet in depth and either above or below the existing finished grade of the site, designed or used, or intended to be used for swimming, bathing or therapeutic purposes. (Ord. 107 § 1, 1990)

15.44.030 Fencing required.

The following provisions shall apply to every swimming pool located on any lot or parcel of one acre or less, and to every hotel, motel, apartment house, planned residential development, mobile home park, planned mobile home development and public swimming pool within the city:

A. Fence Required. In order to obstruct access thereto by persons other than the owners or occupants of the premises on which a swimming pool is located, every swimming pool shall be enclosed by a natural barrier, retaining wall, fence or other structure having a minimum height of five feet measured from the exterior grade of said barrier, wall, fence or structure. Said barrier, wall, fence or structure shall be constructed or installed so as to prevent ladder-like access and shall have no horizontal openings greater than five inches.

B. Gates. Such fences may include gates therein. All gates must be self-closing and self-latching, with latches placed at least four feet six inches above the grade immediately below the latch in order to be securely closed. All gates opening through such enclosure shall be kept securely closed and latched at all times.

C. Ingress and Egress. Such fence, gate or other protective device as required by this section shall be installed in such a manner as to comply with the fire exit requirements specified in the Uniform Fire Code and with state law. No swimming pool shall be installed in any court or yard if such a pool would interfere with ingress and egress to any building or occupancy.

D. Modification. The owner of any swimming pool may request approval of modification from the fencing requirements contained in this chapter by submitting to the community development director written application for such modification, setting forth a description of such pool and alternate safeguard or condition of the site by which entry into said swimming pool may be restricted or prevented. The community development director may approve such alternate safeguard or obstruction upon finding that one of the following conditions exists:

1. That the site in which the swimming pool is contained is a mobile home park, certified by the owner to be restricted to adult residents only, and alternate safeguards or conditions exist whereby entry into said swimming pool may be restricted or prevented;

2. That the physical conditions of the site would make the erection of a fence or wall impractical;

3. That the proposed limitation of access or conditions of control which would be continually effective would accomplish the intent of the fencing requirements. Application for modification shall be accompanied by a fee established by city council resolution.

E. Waiver. Other provisions of this chapter notwithstanding, the owner of any swimming pool may request of the community development director a waiver of all, or a portion of, the fencing requirements contained in this chapter when the following conditions exist:

1. A plot map is submitted to the community development director showing all parcels of land lying within 1,000 feet of the perimeter of the subject property;

2. Said map identifies all swimming pools existing within said area;

3. The number of such pools exceeds five;

4. Fifty percent of the pools identified on said map:

a. Are exempt from the fencing requirements of this chapter due to their construction prior to June 18, 1976,

b. Do not otherwise comply with the provisions of this chapter;

5. The fee for processing an application for a partial or complete waiver of fencing requirements shall be the same as provided for a modification of fencing requirements.

F. Building – Enclosed Pools. All swimming pools which are completely contained within the walls of a building shall be exempt from the provisions of this section.

G. Appeal. Any applicant dissatisfied with a decision of the community development director relating to modification or waiver under this section may appeal such decision to the city council. The decision of the city council in the case of any such appeal shall be final. (Ord. 107 § 1, 1990)

15.44.040 Violation – Penalty.

Any person, corporation, association or entity who violates any provision of this chapter is guilty of a misdemeanor or infraction as determined under Chapter 1.16 SBMC. The penalty for violations shall be determined under Chapter 1.16 SBMC. Each day or portion thereof that a violation of this chapter exists shall constitute a separate violation. Each violation of this chapter, in addition to the offenses under this section shall constitute a public nuisance. (Ord. 107 § 1, 1990)

15.44.050 Application to existing pools.

This chapter shall apply to all swimming pools constructed after June 18, 1976, which is the effective date of the ordinance of the county of San Diego requiring the fencing of swimming pools. (Ord. 107 § 1, 1990)