HomeMy WebLinkAboutOrdinance #3898 ORDINANCE NO. 3898
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 (USPSHTC), compiled by
the International Association of Plumbing and Mechanical Officials, being particularly the 2009
edition thereof and the whole thereof, except as hereafter provided excluding Chapter 1,
"Administration". Such code and amendments thereto, is hereby adopted and incorporated
pursuant to California Government Code § 50022.1 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 17.46.015 of the Huntington Beach Municipal Code is hereby
added to read as follows:
17.46.015 Administration. For administrative provisions of this code see Chapter 1 of the
Huntington Beach Building Code.
SECTION 3. Section 17.46.020 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
17.46.020 Definitions. The USPSHTC is hereby amended by adding or modifying the
following definitions:
204 Barrier—A fence, wall,building wall or a combination thereof, which completely
surrounds the swimming pool and obstructs access to the swimming pool.
209 Grade—The underlying surface such as earth or a walking surface.
218 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).
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221 Swimming Pool—A swimming pool is any body of water having a depth
exceeding eighteen (18) 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.
SECTION 4. Section 17.46.025 of the Huntington Beach Municipal Code is hereby
added to read as follows:
17.46.025 Pool, Spa and Hot Tub Outlets. § 309.4 is hereby amended to read as follows:
309.4 Pool, Spa and Hot Tub Outlets. Whenever a building permit is issued for the
construction of a new swimming pool or spa, the pool or spa shall meet all of the following
requirements:
(1) The suction outlet of the pool or spa for which the permit is issued shall be
equipped to provide circulation throughout the pool or spa as prescribed in
paragraph (2).
(2) The swimming pool or spa shall have at least two circulation drains per pump that
shall be hydraulically balanced and symmetrically plumbed through one or more
"T"fittings, and that are separated by a distance of at least three feet in any
dimension between the drains. Suction outlets that are less than 12 inches across
shall be covered with antientrapment grates, a specified in the ASME/ANSI
Standard A 112.19.8, that cannot be removed except with the use of tools. Slots
or openings in the grates or similar protective devices shall be of a shape, area,
and arrangement that would prevent physical entrapment and would not pose any
suction hazard to bathers.
(3) Any backup safety system that an owner of a new swimming pool or spa may
choose to install in addition to the requirements set forth in subdivisions (a) and
(b) shall meet the standards as published in the document; "Guidelines for
Entrapment Hazards: Making Pools and Spas Safer,"Publication Number 363,
March 2005, United States Consumer Product Safety Commission.
(4) Whenever a building permit is issued for the remodel or modification of an
existing swimming pool, toddler pool, or spa,the permit shall require that the
suction outlet of the existing swimming pool,toddler pool, or spa be upgraded so
as to be equipped with an antientrapment cover meeting current standards of the
American Society for Testing and Materials (ASTM) or the American Society of
Mechanical Engineers (ASME).
§§ 309.4.1, 309.4.2, 309.4.3 and 309.4.4 are hereby deleted.
SECTION 5. Section 17.46.030 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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Ordinance No. 3898
17.46.030 Waste Water Disposal. § 313.1 is hereby amended to add the following exception:
§ 313.I Exception: Spas and hot tubs under 750 gallons shall not be required to discharge into a
sewer.
SECTION 6. Section 17.46.050 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
17.46.050 Pool Enclosures and Barriers. § 324 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.
2. Openings in the barrier shall not allow passage of a four(4) inch diameter sphere.
Shrubs,trees, or landscape materials cannot e considered as part of the barrier.
3. Solid barriers, such as masonry or concrete or stone walls shall not contain indentations
or protrusions closer than forty-five (45") inches 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,
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Ordinance No.3898
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 thansixty (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 7. Section 17.46.055 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
17.46.055 Additional Single Family Residential Barrier Requirements. § 324.1 is hereby
added to read as follows:
324.1 Single Family Residential Barrier Requirements. Whenever a construction permit is
issued for construction of a new swimming pool or spa, or a construction permit is issued for
remodeling of an existing swimming pool or spa, at a private, single family home it shall be
equipped with at least one of the following seven drowning prevention 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 that meets all of the
requirements of ASTM Specification F 1346.
3. The residence shall be equipped with exit alarms listed in accordance with UL 2017 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. The swimming pool shall incorporate removable mesh pool fencing that meets
ASTM Specification F-2286 standard in conjunction with a gate that is self-
closing and self-latching and can accommodate a key lockable device.
6. Swimming pool alarms that, when placed in pools, will sound upon detection of
accidental or unauthorized entrance into the water. These pool alarms shall meet
and be independently certified to comply with ASTM Standard F-2208 "Standard
Specification for Pool Alarms"which includes surface motion,pressure, sonar,
laser and infrared type alarms. For purposes of this article, "swimming pool
alarms" shall not include swimming protection alarm devices designed for
individual use, such as an alarm attached to a child that sounds when the child
becomes submerged in water.
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Ordinance No.3898
7. 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 above, and have been
independently verified by an approved testing laboratory as meeting standards for
those devices established by the ASTM or the American Society of Mechanical
Engineers (ASME) as determined by the building official.
SECTION 8. Section 17.46.060 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
17.46.060 Construction Requirements. § 325 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 9. Section 17.46.070 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
17.46.070 Authority to Abate. § 326 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.
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Ordinance No. 3898
SECTION 10. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 15th day of Nov .nber 20 10.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City ttorney p�c® 0 \to
REVI E AND APPROVED: INITIATE AND PPROVED:
yi-Lyy dministrator Director of arming and Building
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Ord. No. 3898
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, 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 October 18,2010, and was again read to said City Council at a
regular meeting thereof held on November 15,2010, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Carchio, Coerper, Green, Bohr, Hansen
NOES: Dwyer
ABSENT: Hardy
ABSTAIN: None
I,Joan L.Flynn,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 Huntington Beach Fountain Valley
Independent on November 25,2010..
In accordance with the City Charter of said City
Joan L. Flynn,City Clerk Ci Clerk and ex-officio 6ferk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California