HomeMy WebLinkAboutOrdinance #3427 ORDINANCE NO. 3427
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 17.46 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 17.46.010 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
17.46.010 Adoption. There is hereby adopted by the City Council by reference 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 1997
edition thereof and the whole thereof, except as hereafter provided excluding Part 1,
"Administration". Such code, and amendments thereto, is hereby adopted and incorporated
pursuant to California Government Code § 50022.2 et seq., and Health and Safety Code §
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.
SECTION 2. Section 17.46.030 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
17.46.030 Waste Water Disposal,. §310.1 is hereby amended add the following exception:
§310.1--Exception: Spas and hot tubs under 750 gallons shall not be required to
discharge into a sewer
SECTION 3. Section 17.46.050 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
17.46.050 Pool Enclosures and Barriers. § 320 is hereby added to read as follows:
(a) Any swimming pool, hot tub, spa or similar outdoor body of water intended for
swimming or recreational bathing, eighteen (18) 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 least sixty(60) inches above grade measured
on the side of the barrier which faces away from the swimming pool.
99ord/mc 1746a104115199
Ord. 3427
2. Openings in the barrier shall not allow passage of a four(4) inch diameter
sphere. Shrubs, trees, or landscape 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. Maximum 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.
11. Equivalent barriers may be approved on a case by case basis.
SECTION 4. Chapter 17.46 of the Huntington Beach Municipal Code is hereby amended
by adding Section 17.46.055, said section to read as follows-
2
99ord/mc I746o/04122/99
Ord. 3427
17.46.055.Additional Single Family Residential Barrier Requirements §320.1 is hereby
added to read as follows:
§320.1 Single Family Residential Barrier Requirements. Whenever a construction
permit is issued for construction of a new swimming pool or spa at a private, single
family home it shall be equipped with at least one of the following safety features:
1. The pool shall be isolated from the home by a barrier conforming to Section
17.46.050 HBMC.
2. The pool shall be equipped with an approved safety pool cover.
3. The residence shall be equipped with exit alarms on those doors providing
direct access to the pool, including garage exit doors.
4. All doors providing direct access from the home or garage to the swimming
pool shall be equipped with a self-closing, self-latching device with a release
mechanism placed no lower than 54 inches above the floor.
5. Other means of protection, if the degree of protection afforded is equal to or
greater than that afforded by any of the devices set forth in one through four above,
as determined by the building official.
SECTION 5. Section 17.46.060 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
17.46.060 Construction Requirements. § 321 is hereby added to read as follows:
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.
SECTION 6. Section 17.46.080 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
17.46.080 Installation of Gas Piping. Chapter 5 is amended to read as follows:
§Chapter 5. Fuel gas piping shall be installed in accordance with the requirements of the
Huntington Beach Plumbing Code.
3
99ordlmct 746o/04/22/99
Ord. 3427
SECTION2. This ordinance shall become effective --.7-.fl4A@r-4s AdeptiG�R.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 17th day of may ' 1999.
Mayor
ATTEST:
APPROVED AS TO FORM:
61rk
ity Attorney
REVIEWED AND APPROVED:
INITIATED AND APPROVED:
City Aidministrator
Building & Safety Director
4
990Td/TnC 17460/04/15199
FV'DI NNGS OF FACT PER 17958.7 OF THE CALIFORNIA HEALTH AND
_ SAFETY CODE IN SUPPORT OF AMENDIVIEITS TO THE BUILDING
STANDARDS CONTAINED Tiff THE CALIFORINLA AND UNIFORl1N7 CODES
ADOPTED BY CITY ORDINANCES NO. 3421 THROUGH NO. 3429
ORDINANCE NO. 3421 — 1997 UNIFORM ADMI�i TISTRATi VE CODE
• All amendments are administrative in nature and not subject to findings.
ORDINANCE NO. 3422 —1998 CALTFOWNLA BUILDING CODE
• Section 1900.4.4 — Amended to require minimum slab reinforcement and a vapor
barrier.
Finding - The amendment is reasonably necessary to address the following
geological conditions:
1. Much of the city is located in historical flood plain areas and is subject to high
ground water levels.
2. Many areas of the city contain soils that are expansive when subjected to
excessive moisture
Providing a vapor barrier beneath on-grade concrete slab floors will minimize
water intrusion. Installation of minimum on-grade concrete slab reinforcement
acts to control excessive cracking.
• Section 1503 - Amended to require wood shake and wood shingle roofs to have a
minimum Class C fire-retardant rating.
Finding - The amendment is reasonably necessary to address the following
climatic conditions:
1. The city is subject to relatively low amounts of precipitation and periods of
low humidity with high temperatures.
2. The city is subject to extremely strong winds, commonly referred to as "Santa
Ana Winds" which can reach speeds approaching 80 miles per hour. _
Installation of wood shake and shingle roofs with a minimum Class C fire-
retardant rating minimizes the spread of fire due to flying brands.
• Section 904.2 - Amended automatic fire-extinguishing system requirements to refer
to Chapter 17.55 (The Fire Code).
Finding--Refer to the Fire Code finding.
• Chapter 36 Building Security— Added to address security concerns.
This amendment addresses an issue that is not a California building standard and
is not subject to findings.
• . Chapter 55 Methane Districts - Added to address construction on or near former oil
field sites.
Finding - The amendment is reasonably necessary to address the following
aeoloaical condition: Y
1- Many areas of the city contain currently operating or former oil fields that can
be conducive to the migration of subterranean methane gas deposits to the
surface.
Methane District Regulations reduce hazards presented from the accumulation of
methane gas by requiring appropriate testing and mitigation measures for all new
buildings located in the overlay district.
Appendix Chapter 15, Section 1516.3(1) — Amended to limit asphalt shingle
overlays to one over existing roofing systems unless additional weight is justified by
structural calculations.
Finding - The amendment is reasonably necessary to address the following
geological condition:
1. The city is Iocated in high seismic hazard zone_
Adding significant weight to the roof of a building will adversely impact the
structure's performance when subjected to lateral loading from a seismic event.
ORDINANCE NO.3423--1997 UNIFORM HOUSING CODE
• Section 902— Added to be consistent with smoke detector requirements contained in
the California Building Code, Section 310.16.
This amendment is administrative in nature and not subject to findings.
ORDINANCE NO. 3424 —1997 UNIFORM CODE FOR THE ABATEMENT OF
DANGEROUS BUILDINGS
There are no amendments to this code.
ORDINANCE NO.3425—1998 CALIFORNIA MECHANICAL CODE
Section 508.1 — Amended to delete commercial kitchen hoods for minor warming
appliances in food establishments.
This amendment is administrative in nature and not subject to findings.
Section 1027 and 1028 - Amended to be consistent with boiler requirements
contained in the California State Boiler Safety Orders.
This amendment is administrative in nature and not subject to findings.
.................... ......................... . . ..
ORDINANCE NO. 3426--1998 CALIFORNIA PLUINIBLNG CODE
• Section 701.1.2 — Amended to clarify where ABS and PVC drain, waste and vent
pipe can be used consistent with existing state law.
This amendment is administrative in nature and not subject to findings.
• Section 1211.7 — Amended to clarify how exposed ferrous gas piping is protected
from corrosion.
Finding - The amendment is reasonably necessary to address the following
climatic condition:
1. The city is subject to periods of extensive coastal fog and salt laden air.
Adequately protecting exposed gas piping eliminates leaks due to corroded
Piping.
ORDitii TANCE NO. 3427 —1997 UNIFORM SWEVBIING POOL, SPA AND HOT
TUB CODE
• Section 310.1 — Amended to except spas and hot tubs under 750 gallons from
discharging to a sewer.
This amendment is administrative in nature and not subject to findings.
• Section 320 and 320.1 - Amended to add swimming pool and spa barrier
requirements consistent with state law.
This amendment is administrative in nature and not subject to findings.
• Section 321 -- Added to require swimming pool design to conform to the engineered
design for expansive soils unless a soil report by a registered engineer indicates
otherwise.
Finding - The amendment is reasonably necessary to address the following
geological conditions:
1. Many areas of the city contain soils that are expansive when subjected to
excessive moisture.
Constructing swimming pools to the design for expansive soils will eliminate
cracking and damage to these structures when expansive soils are present.
• Chapter 5 — Amended to refer to the Plumbing Code for the requirements on the
installation of gas piping.
This amendment is administrative in nature and not subject to findings.
ORDINANCE NO. 3428--1998 CALIFORNIA ELECTRIC CODE
• Articles 345 and 346— Amended to clarify how intermediate and rigid metal conduit
installed in the ground is protected.
Finding - The amendment is reasonably necessary to address the following
aeological conditions:
1. Many areas of the city contain soils that are highly corrosive.
Properly protected conduits insure that a proper grounding path exists and
conductors are protected from damage.
• Section 348-1 — Amended to clarify how electrical metallic tubing is protected from
corrosion in exposed locations.
Finding - The amendment is reasonably necessary to address. the following
climatic condition:
1. The city is subject to periods of extensive coastal fog and salt laden air.
Adequately protecting exposed electrical metallic tubing eliminates failure of the
conduit due to corrosion and damage to the conductors contained therein.
ORDINANCE NO. 3429--1997 UNIFORM SOLAR ENERGY CODE
• There are no amendments to this code.
J1 CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
roe
HUNTINGTON BEACH
TO: Connie Brockway, City Clerk
zz
FROM: Ross Cranmer, Director of Building and Safety
SUBJECT: Your Request for a Clarification of the July 1, 1999 Adoption Date for-,-'.
the California Construction Codes
DATE: 5/18/99 t;
The codes that were adopted by Council on 5/17/99 were both State Mandated and non-
mandated codes. The adoption of the 4 State Mandated Codes or the California Building,
Mechanical, Plumbing and Electrical Codes, are governed by the Health and Safety Code Section
18941.5 (a)(1). This section requires that the codes become effective 180 days after publication
or a later date after publication as established by the State Building Standards Commission. The
Commission published the codes on different dates in December and made a ruling that all the
codes would be enforced at the local level starting on July 1, 1999. Cities and Counties cannot
adopt the mandated codes prior to this date and this is why we adopt the codes ahead of time to
the specified date. The other non-mandated codes are not specifically mentioned but they contain
the administrative rules for the codes or some parts of the mandated regulations. We have always
adopted them at the same time to avoid confusion and accommodate the spirit of the law.
conic 1
Ord. No. 3427
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 regular meeting thereof held on the 3rd day of May, 1999, and was again read to
said City Council at a regular meeting thereof held on the 17th day of May, 1999, and
was passed and adopted by the affirmative vote of at least a majority of all the members
of said City Council.
AYES: Julien, Bauer, Garofalo, Green, Dettloff, Sullivan
NOES: None
ABSENT: Harman
ABSTAIN: None
I,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
�}
2S 19—q q
In accordance with the City Charter of said City City Clerk and ex-officio Clerk
Connie Brockwav City Clerk of the City Council of the City
Deputv Citv Clem of Huntington Beach, California
G/ordinanc/ordbkpg
5121199