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HomeMy WebLinkAboutOrdinance #1519 ORDINANCE NO. 1519 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING ARTICLE 814, AND ADDING THERETO A NEW ARTICLE 814 ENTITLED, "UNIFORM SWIM- MING POOL CODE, " 1967 EDITION The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. Article 814 of the Huntington Beach Ordinance Code is hereby repealed. SECTION 2. The Huntington Beach Ordinance Code is hereby amended by adding thereto a new article entitled, "Uniform Swimming Pool Code, " being Sections 8141 through 8145 to read as follows : ARTICLE 814 UNIFORM SWIMMING POOL CODE 8141 . There is hereby adopted by the City Council of the City of Huntington Beach for the purpose of protecting public health, welfare and safety by prescribing minimum standards for the design, construction or installation, repair or alteration of swimming pools , public or private, and equipment related thereto; requiring a permit and inspection therefor; providing for the administration and enforcement of the standards set forth therein; and prescribing penalties for violations thereof, that certain code known as the Uniform Swimming Pool Code, 1967 edition, com- piled by the International Association of Plumbing and Mechanical Officials , of which code not less than three (3) copies have been and are now filed in the office of the City Clerk of the City of Huntington Beach, and the same is hereby adopted and incorporated as fully as if set forth at length herein. This article may be cited and referred to as the Huntington Beach Swimming Pool Code . 8142 . AMENDMENTS . The Uniform Swimming Pool Code, 1967 edition, is hereby amended and changed in the following respects : 8142 . 1. Section 1. 0 is hereby amended to read as follows : ADMINISTRATIVE AUTHORITY shall mean the Building and Safety 1 . i Director of the City of Huntington Beach. 8142 . 2 . Section 1. 1 is hereby amended to read as follows : DEPARTMENT HAVING JURISDICTION shall mean the Department of Building and Safety. 8142 . 3 . Section 1. 11 is hereby amended to read as follows : The issuance of a permit upon plans and specifications shall not prevent the Administrative Authority from thereafter requiring the correction of errors in said plans and specifications or from preventing construction operations being carried on thereunder when in violation of this code or of any other ordinance or from revoking any certificate of approval when issued in error. Every permit issued by .the Administrative Authority, under the provisions of this code , shall expire by limitation and be- come null and void if the work authorized by such permit is not commenced within sixty (60) days from the date of such permit , or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of sixty (60 ) days . Before such work can be recommenced a new permit shall be first obtained. 8143 . ADDITIONS . The Uniform Swimming Pool Code, 1967 edition, is hereby amended by adding the following sections : 8143 . 1 . Section 1. 7. 1 is hereby added to read as follows : 1. 7 . 1. CASH BOND. All applications for swimming pool building permits shall be accompanied by a cash bond in the amount of Three Hundred Dollars ($300) . This bond shall be retained by the city until all construction materials have been removed from city streets and alleys and all repairs have been made to curbs , walls , sidewalks , streets and other public property damaged by applicant, or as a result of the construction or repair of the swimming pool or any part thereof. In the event applicant does not remove said materials and make said repairs to the satisfaction of the building inspector, the full amount of the .bond shall be forth- with and summarily forfeited. Upon the final inspection, and ap- proval by the Administrative Authority, the bond shall be returned to the applicant, unless such bond has been forfeited as provided herein. 8143 . 2 . Section 1. 7 . 2 . is hereby added to read as follows : 1. 7. 2 . FENCING REQUIREMENTS . All plans submitted to the Administrative Authority for swimming pools to be constructed shall show compliance with the fencing requirements of this code , and final inspection and approval of all pools hereafter con- structed shall be withheld until all such fencing requirements 2 . have been complied with. The fencing requirements of this code shall not apply to public swimming pools for which a charge or admission price is required to be paid for the use thereof. 8143 . 3 . Section 1. 15 is hereby added to read as follows : 1. 15 . RECEPTOR BACKWASH. A receptor-backwash line is not required, but in the event a receptor-backwash line is in- stalled, the line must meet the requirements of the latest edition of the Uniform Plumbing Code and have an approved type of "P" trap . 8143 .4 . Section 1. 16 is hereby added to read as follows : 1. 16 . SLAB. Pool equipment shall be installed on a slab four (4) inches above ground level. 8143 . 5 . Section 1. 17 is hereby added to read as follows : 1 . 17 . HOSE BIBBS . All hose bibbs within fifty (50) feet of the pool must be protected with anti-syphon devices . 8143 . 6 . Section 215 is hereby added to read as follows : 215 . MAINTENANCE. After completion of the pool, the owner must keep the pool filtered and clean and in a sanitary condition at all times . 8143 . 7 . Section 216 is hereby added to read as follows : 216. FENCING . Every person in possession or control of land within the city, either as owner, purchaser under contract, lessee, tenant or licensee, upon which is situated a swimming pool, shall at all times maintain, on the lot or premises upon which such pool is located and completely surrounding such pool, lot or premises, a substantial fence or wall not lower in height than five (5) feet, measured from ground level on the exterior side of the fence or wall, including gates , with no holes, gaps or openings larger than four (4 ) inches in any horizontal di- mension; provided, that if the fence is designed with over two (2) inch horizontal openings between vertical risers , no horizontal member will be installed that will afford a means of climbing such fence, wall or gates . These horizontal members must be lo- cated at or near the top and bottom of the fence or wall to pro- vide the maximum amount of vertical clearance . A dwelling house or appurtenant structure may be used as a part of such enclosure . Gates or doors shall be provided with latches and closing devices capable of keeping such gates or doors securely closed at all times . Such devices shall be located not less than five (5) feet above exterior grade of such doors . This section in- 3 . cludes . walk-through garage doors . This section is not designed to prevent the use of other protective devices, subject to approval of the Administrative Authority, provided the degree of protection is not reduced from that given above . Fencing Existing Pools . Swimming pools in existence on the effective date of this code shall be fenced in accordance with the requirements of this code on or before the ninetieth day after adoption hereof. , It shall be unlawful to maintain or cause to be maintained any swimming pool which is not fenced in accordance with the requirements of this code . 8143 . 8. Section 217 is hereby added to read as follows : 217 . Soil Conditions . All areas in Huntington Beach are considered expansive soil areas unless otherwise specified by an engineer' s report . Pool decking design must be as shown on plans for expansive soil . Expansion Joint . Separation between pool coping and decking must be provided and seal joint with approved com- pound. A nonsetting mastic, rubber or similar compound is necessary . Cantilevered Decks . All cantilevered decks must have a nonsetting mastic , rubber or similar compound between top portion of the and underside of cantilevered decks . All canti- levered decks must have a strip of mastic on top of the bond beam, between the bond beam and deck, before the deck is poured, unless preparations are made for the steel to extend from the bond beam into the deck. 8144 . PENALTY. It shall be unlawful for any person to construct , install, repair or alter swimming pools , public or private, and equipment related thereto contrary to or in vio- lation of any of the provisions of this code . Any person, firm or corporation violating any of the provisions of this code shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than Five Hundred Dollars ($500) or by imprisonment in jail for a period not ex- ceeding six (6) months , or by both such fine and imprisonment . Each such person, firm or corporation shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of the provisions of this code is committed, con- tinued or permitted by such person, firm or corporation, and shall be punishable therefor as herein provided. 8145 . SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this code is for any reason held 4 . to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this code . The City Council of the City of Huntington Beach hereby declares that it would have adopted this code and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections , clauses , phrases or portions be declared invalid or unconstitutional . SECTION 3 . REPEALS . All provisions and sections in con- flict with this ordinance are hereby repealed; provided, how- ever that any such repeal shall not affect or prevent the prose- cution and punishment of any person, firm or corporation for any act done or committed prior to the effective date hereof in vio- lation of the provisions which are repealed hereby . SECTION 4 . The provisions of this ordinance insofar as they are substantially the same as existing provisions of the Huntington Beach Ordinance Code, relating to the same subject matter, shall be construed as restatements and continuations , and not as new enactments . SECTION 5 . This ordinance shall take effect thirty days from its adoption. The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen days of its adoption in the Huntington Beach News , a newspaper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 18th day of August 1969 . Mayor ATTEST: APPROVED AS TO FORM: r City GIferk City At orney 5 . Ord. No. 1519 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH ) I , PAUL C. JONES, The duly elected, qualified, and acting City Clerk of the City of Huntington Beach and ex- officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 4th day of August , 4 19 69 and was again read to said City Council at a regular meeting thereof held on the l8th day of August , 19 L�_, and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Bartlett . McCracken, Kaufman, Ma, n y, Coen, Green NOES: Councilmen: None ABSENT: Councilmen: Sh-i =1 Py City er and e fficio Clerk of the City Council of the City of Huntington Beach,, California 1, PA1JL C. JONES, CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council, do hereby certify that this ordinance has been published in the untington Beach News n 1 in accorda. a with the City Charter of said City. ........(...._._ ........ i City Clerk --------------- Deputy city Clerk