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Home My WebLink AboutOrdinance #3310 �FFt'CT/✓E r/j/9L ORDINANCE NO. 3310 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 17.46 OF THE MUNICIPAL CODE PERTAINING TO THE UNIFORM SWIMMING POOL CODE AND ADOPTING THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE , BY REFERENCE NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain: SECTION 1: That Chapter 17.46 of the Huntington Beach Municipal Code is hereby amended to read as follows: Chapter 17.46 UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE Sections: 17.46.010 Adoption 17.46.020 Definitions 17.46.030 Waste Water Disposal 17,46.050 Pool Enclosures and Barriers 17.46.060 Construction Requirements 17.46.070 Authority to Abate 17.46.080 Installation.of Gas Piping 17.46.010 Adoption. There is hereby adopted by the City Council of the City of Huntington Beach that certain code known as the Uniform Swimming Pool, Spa and Hot Tub Code,compiled by the International Association of Plumbing and Mechanical Officials,being particularly the 1994 edition thereof and the whole thereof,excluding Part 1, "Administration". Such code, and amendments thereto, is hereby adopted and incorporated pursuant to California Government Code Sections 50022.2 et seq.,and Health and Safety Code Section 18941.5 as fully as though set out at length herein for the purpose of protecting public health and safety by prescribing minimum standards for the use,design and installation of swimming pool, spa and hot tub systems;by requiring a permit and inspection for installation,alteration and replacement of said systems. From the date on which this chapter takes effect,the provisions thereof shall be controlling within the corporate limits of the City of Huntington Beach. 17.46.020 Definitions. Section 102 of the USPSHTC is hereby amended by adding or modifying the following definitions: Barrier-A fence,wall,building wall or a combination thereof,which completely surrounds the swimming pool and obstructs access to the swimming pool. Grade-The underlying surface such as earth or a walking surface. Portable-A non-permanent structure intended for recreational bathing,in which all controls, water-heating and water-circulating equipment are an integral part of the product and which is _ cord connected(not permanently electrically wired). Swimming.Pool-A swimming pool is any body of water having a depth exceeding inches at any point, constructed, fabricated or installed for swimming,bathing or wading purposes. This includes in-ground,above-ground and on grade pools, spas and hot tubs. 4W=1746110124195 3310 17.46,030 Waste Water Disposal. Section 310(c) is hereby amended to add the following exception: Sec. 310 (c)--Exception: Spas and hot tubs under 750 gallons shall not be required to discharge into a trap. IT46.050 Pool Enclosures and Barriers. Section 320 is hereby added to read as foIIows: (a) Any swimming pool, hot tub, spa or similar outdoor body of water intended for swimming or recreational bathing, twenty-four (24) inches or more in depth, shall contain an enclosure or barrier to conform to the following requirements: Exception: Spas and Hot Tubs of less than 750 gallons may have a rigid locking cover to substitute for other barriers. 1. The top of the barrier shall be at Ieast sixty (60) inches above grade measured on the side of the barrier which faces away from the swimming pool. 2. Openings in the barrier shall not allow passage of a four (4) inch diameter sphere, Shrubs, trees, or Iandscape materials cannot be considered as part of the barrier. 3. Solid barriers, such as masonry or concrete; or stone walls shall not contain indentations, protrusions or plants closer than forty-five (45") apart vertically, horizontally, or from top of wall, except for tooled masonry joints. 4. Any configuration providing ladder-like access allowing illegal entry to the pool area shall be prohibited. Ladder-like access shall mean any method or action such as climbing, crawling, pushing,jumping or other means to gain access to a pool or spa area. 5. Where the barrier is composed of horizontal and vertical members,the distance between the tops of the horizontal members shall be forty-five (45") inches or more. Openings between vertical members shall not exceed four(4") inches. 6. Maxunum mesh size for chain link fences shall be a 1-1/4 inch square unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to no more than 1-3/4 inches,the wire shall be not less than nine(9)gauge. 7. Where the barrier is composed of diagonal members, such as a lattice fence,the maximum opening formed by the diagonal members shall be no more than 1-3/4 inches. 8. All required pool fence and gate enclosures shall extend to within two (2") inches of firm soil or pavement. All access gates shall be constructed in compliance with all requirements stipulated for pool fences in items 1 through 7 above, and shall be equipped to accommodate a locking device. Access gates shall open outward away from the pool, spa, or hot tub, and shall be self-closing and have a self-latching device. The release mechanism of the self-latching device is to be located not less than sixty(60") inches from the bottom of the gate or adjoining grade. _ 9. The barriers and all self-closing and self-latching devices, required by this section, shall be installed and in proper working order before any water is placed in the pool. 10, A dwelling or appurtenant structure may be used as a part of the required enclosure. 2 4/k/mc17461October 18,1995 3310 17.46.060 Construction Requirements. Section 321 is hereby added to read as follows: (a) All swimming pool construction shall be in conformance with engineered design for expansive soils,unless a soils report by a registered engineer, approved by the building official, indicates otherwise. 17.46.070 Authority to Abate. Section 322 is hereby added to read as follows: (a) It shall be unlawful and is hereby declared to be a public nuisance for any person owning, leasing, occupying or having charge of any residential property in the City to maintain such premises in such a manner that any of the following conditions are found to exist thereon: 1. The failure to secure and maintain from public access all doorways,gate access and other openings,with regards to the barrier requirements of this code. 2. Uncleanliness of swimming pool water as determined by the Building Official. All swimming pool and spa water shall be maintained in a clear condition which is free of algae, insects, debris and in a sanitary condition. The entire floor of the swimming pool shall be clearly visible. (b) Where a nuisance exists,the building official shall require the nuisance or violation to be abated and where necessary, shall seek such abatement in the manner provided by law. 17.46.080 Installation of Gas Piping. Subsection (f)of Section 509 is hereby amended to reference section 17.44.095 of this municipal code. •�0.n�r `� l�l°l{c SECTION 2. This ordinance shall take effect after adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the 20th day of November , 1995. 114�441r- MayorATTEST: City Clerk APPROVED AS TO FORM: r I DAN�APP E fa� City Attorney F-K D jig 5 it Admini TIATED AND APPROVED: Director of Comm ity Development 3 4/Wmc1 74611 0/1 8/95 Ord. No. 3310 STATE OF CALIFORNIA ) COUNTY OF ORANGE } ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of 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 r_e,gular meeting thereof held on the 6th of November„ 1995, and was again read to said City Council at a regular meeting thereof held on the 20th of November, 1995, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Councilmembers: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: Councilmembers: None ABSENT: Councilmembers: None 1,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council, do hereby certify that a synopsis of this ordinance has been published in the Independent on • � ,� lG�l! 9d61 fl41� G 19 In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway City Clerk of the City Council of the City Y&4.P'-e Deputy CiW Clerk of Huntington Beach, California G/or&nanc/ordbkpg 12/18/95