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HomeMy WebLinkAboutCC ORD 1996-2116 Adds Ch. 15.22, Uniform Swimming Pool, Spa, and Hot Tub Code (15.22)ORDINANCE NO. 96-2116 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 1994 EDITION, AND ADDING A NEW CHAPTER 15.22 TO THE NATIONAL CITY MUNICIPAL CODE BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. The City Council of the City of National City hereby adds a new Chapter 15.22 of the National City Municipal Code titled Uniform Swimming Pool, Spa, and Hot Tub Code as follows: Chapter 15.22 Uniform Swimming Pool, Spa, and Hot Tub Code Section: 15.22.005 Code Adopted 15.22.010 Section 1.5..Administrative Authority.. Amended 15.22.015 Section 1.6(a)..Duties and Powers of the Administrative Authority..Amended 15.22.020 Section 1.7..Violations and Penalties.. Amended 15.22.025 Section 1.8..Permit Required.. Amended 15.22.030 Section 1.11..Fees..Amended 15.22.035 Section 1.18..Board of Appeals..Amended 15.22.040 Section 102..Definitions..Amended 15.22.045 Section 320..Barrier Protection Required..Added 15.22.005 Code Adopted. There is adopted by the city council for the purpose of prescribing regulations governing the erection, installation, construction, enlargement, alteration, addition, repair, replacement, maintenance, and use or occupancy of any swimming pool, spa, or hot tub that certain code known as the Uniform Swimming Pool and Hot Tub Code as copyrighted by the International Association of Plumbing and Mechanical Officials, being particularly the 1994 Edition, save and except such portions as are hereinafter deleted, modified, or amended, of which one copy is now on file in the office of the city clerk; and the same is adopted and incorporated as fully as if set out at length in this chapter and from the date on which the ordinance codified in the chapter takes effect, the provisions thereof shall be controlling within the limits of the city. 15.22.010 Section 1.5 Administrative Authority. Section 1.5 of the Uniform Swimming Pool, Spa and Hot Tub Code is hereby amended as follows: The Director of Building and Safety is hereby designated as the Administrative Authority for the purposes of enforcement of this code. 15.22.015..Section 1.6(a)..Duties and Powers of the Administrative Authority. Section 1.6 (a) of the Uniform Swimming Pool, Spa and Hot Tub Code is hereby amended by adding the following: The San Diego County Health Department and/or their authorized representatives are authorized to enforce this code in accordance with the terms of the agreement between the City of National City and the San Diego County Health Department. 15.22.020 Section 1.7.. Violations and Penalties. Section 1.7 of the Uniform Swimming Pool, Spa and Hot Tub Code is hereby amended to read as follows: Violations of any provisions of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this code. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid, except insofar as the work or use which is authorized is lawful. The issuance or granting of a permit or approval of plans 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. Section 15.22.025.. Section 1.8.. Permit Required. Section 1.8 of the Uniform Swimming Pool, Spa and Hot Tub Code is hereby amended by adding the following: (d) Every permit issued by the administrative authority under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within six calendar months from the date of such permit, or if the building or work authorized by such permit is stopped at any time after the work is commenced for a period of 6 calendar months, or if the building or work authorized by such permit exceeds 3 calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the administrative authority within six calendar months of the date of permit issuance. Work shall be presumed to be stopped if the permittee has not obtained a required inspection approval of work by the administrative authority within each 6 month period upon the initial commencement of work authorized by such permit. Before such work can be recommenced, a new permit, or a renewal permit as specified below, shall be first obtained. 1. Permits where work has not commenced. For permits which work has not commenced in the first six calendar months from the date of issuance, a renewal permit may be obtained provided that: (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original issuance date; (C) The same edition of the model codes are in effect as used in the initial plan check; (D) A fee equal to one-half the amount required for a new permit is paid. The renewal permit shall expire three calendar years from the date of initial permit issuance. Where later editions of the model codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of a new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. The renewal permit shall expire three calendar years from the date of initial permit issuance. 2. Permits where work has commenced. For permits where work has commenced and was subsequently stopped as defined herein, a renewal permit may be obtained provided that: 2 (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original issuance date; (C) A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point of requiring only a final inspection, a fee equal to one -quarter the amount required for a new permit shall is paid. A renewal permit shall expire three calendar years from the date of initial permit issuance. 3. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a renewed permit may be obtained provided that: (A) Construction in reliance upon the building permit has commenced and has been approved; (B) No changes have been made or will be made in the original plans and specifications for such work; (C) A fee equal to the full amount required for a new permit is paid, except that where the building official determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. The maximum life of a permit renewal in accordance with this subsection shall be one calendar year from the date of renewal. The permit may be renewed for each calendar year thereafter provided that all requirements of (A), (B), and (C) as stated in this subsection are met. 4. Extension of an unexpired permit. For an extension of an unexpired permit, the permittee may apply for an extension of the time within which work under that permit may be continued when for good and satisfactory reasons they are unable to continue work within the time required by this chapter. The building official may extend the time for action by the permittee for a period not exceeding 6 calendar months upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. (e) The Building Official may deny the issuance of a building permit on any property where there exists an unsafe or a substandard building as provided in Chapter 15.10 and 15.16 of the National City Municipal Code, or where exists 3 unlawful construction, or where exists a violation of the National City Municipal Code. Section 15.22.030..Section 1.11..Fees. Section 1.11 of the Uniform Swimming Pool, Spa and Hot Tub Code is hereby amended to read as follows: Every applicant for a permit to install, remove, alter, repair or replace or cause to be installed, removed, altered, repaired, or replaced any swimming pool, spa or hot tub; any swimming pool, spa or hot tub plumbing, gas or draining piping; or any swimming pool, spa, or hot tub heater, fixture, or water treating equipment in a building or premises shall first state in writing on the application for a permit provided for that purpose, the character of work proposed to be done. Such applicant shall pay at the time of making application, a plan check fee in accordance with the Fee Resolution adopted by the City Council. Upon approval of plans and specifications by the administrative authority, the applicant shall pay permit fees as set forth in the Fee Resolution adopted by the City Council. Any person who shall commence any swimming pool, spa, or hot tub work for which a permit is required by this code without having obtained a permit therefore, shall, if subsequently permitted to obtain a permit, pay an investigation fee equal to the permit fee provided, however, that this provision shall not apply to emergency work when it shall be demonstrated to the satisfaction of the Administrative Authority that such work was urgently necessary and that it was not practical to obtain a permit therefore, before the commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if such permit is not obtained within 3 working days of the completion of such emergency work, an investigation fee as herein provided shall be charged. Section 15.22.035.. Section 1.18..Board of Appeals. Section 1.18 of the Uniform Swimming Pool, Spa and Hot Tub Code is hereby amended to read as follows: The Advisory and Appeals Board is established by City Ordinance No. 1834 adopted October 9, 1984. The Board shall have jurisdiction to review the items as enumerated in Chapter 15.04 of the National City Municipal Code. Section 15.22.040..Section 102..Definitions. Section 102 of the Uniform Swimming Pool, Spa and Hot Tub Code is hereby amended by the addition of the following: Above Ground/On Ground Pool - See definition of swimming pool. 4 Barrier - is a fence, wall, building wall or a combination thereof, which completely surrounds the swimming pool and obstructs access to the swimming pool. Grade - is the underlying surface such as earth or a walking surface Hot Tub - See definition of swimming pool. Spa - See definition of swimming pool. Swimming Pool - is any structure intended for swimming or recreational bathing that contains water over 24 inches deep. This includes in -ground, above -ground and on -ground swimming pools, hot tubs, and spas. Swimming Pool, Indoor - is any swimming pool which is totally contained within a structure and surrounded on all four sides by walls of said structure. Swimming Pool, Outdoor - is any swimming pool which is not an indoor pool as defined herein. Section 15.22.045..Section 320.. Fencing. Section 320 of the Uniform Swimming Pool, Spa and Hot Tub Code is hereby added as follows: Section 320 Barrier Protection Required. Swimming pools, spas, and hot tubs shall be provided with barrier protection in accordance with the following: 320 (a) Outdoor Swimming Pools. Outdoor swimming pools, including in -ground, above -ground, and on -ground pools, hot tubs, and spas shall be provided with a barrier which shall comply with the following: 1. The top of the barrier shall be at least 60 inches above grade measured on the side of the barrier which faces away from the swimming pool and shall be constructed to withstand the forces specified in the Uniform Building Code. The maximum vertical clearance between grade and the bottom of the barrier shall be 4 inches measured to a hard surface such as concrete, or 2 inches to earth. This measurement shall be taken on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade, such as an above -ground pool, the barrier may be at ground level, such as the pool structure, or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches. 2. Openings in the barrier shall not allow passage of a 4-inch diameter sphere. 5 3. Solid barriers which do not have openings, such as masonry or stone walls, shall not contain indentations or protrusions except for tooled masonry joints. 4. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 2 inches in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 2 inches in width. 5. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches or more, spacing between vertical members shall not exceed 4 inches. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 2 inches in width. 6. Maximum mesh size for chain link fences shall be a 2 inch square. The wire shall be not less than 11 1/2 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 2 inches square. 8. Access gates shall comply with the requirements of items 1 through 7 and shall be equipped to accommodate a locking device no less that 54 inches above grade. Pedestrian access gates shall open outward away from the pool and shall be self -closing with a self -latching device. Gates other than pedestrian access gates shall comply with the requirements of items 1 through 7 and shall be equipped with a locking device. 9. Where a wall of a dwelling serves as part of the barrier, doors with direct access to the pool through that wall shall be equipped with an alarm which produces an audible warning when the door and its screen, if present, are opened. The alarm shall sound continuously for a minimum of 30 seconds, within 7 seconds after the door and its screen, if present, are opened, and be capable of providing a sound pressure level of not less than 85 DBA when measured indoors at 10 feet. The alarm shall automatically reset under all conditions. The alarm system shall be equipped with a manual means, such as a touch pad or switch, to temporarily deactivate the alarm for a single opening. Such deactivation shall last for no more than 15 seconds. The deactivation switch shall be located at least 54 inches above the threshold of the door. Other means of protection, such as self -closing doors with self -latching 6 devices approved by the building official, shall be acceptable so long as the degree of protection afforded is not less than the protection afforded by the alarm system described above. 10. Where an above -ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then (1) the ladder or steps shall be capable of being secured, locked or removed to prevent access or, (2) the ladder or steps shall be surrounded by a barrier which meets the requirements of items 1 through 9. When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a 4-inch diameter sphere. 11. Hot tubs and spas located outdoors and not exceeding 64 square feet may have rigid pool covers meeting American Society for Testing and Materials (ASTM) Standard F1346-91 equipped with a permanent locking and latching device in lieu of a required barrier. 12. Where unusual circumstances exist that make strict enforcement of (1) through (10) impractical, the administrative authority may grant modifications for individual cases pursuant to Section 106 of the Uniform Building Code. PASSED and ADOPTED this l8th day of June 1996. LiY--J;;; George H. Waters, Mayor ATTEST: kJ _ OkP- Anne Peoples, Ci•y Clerk APPROVE AS TO FORM: /74 d/2ftS iggt: George H. Eiser, III, City Attorney 7 Passed and adopted by the Council of the City of National City, California, on June 18, 1996, by the following vote, to -wit: Ayes: Council Members Beauchamp, Inzunza, Morrison, Zarate, Waters. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California City Clerk of the City of National City, C° lifornia By: Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the days of its introduction and the days of its final passage, to wit, on June 4, 1996 and on June 18, 1996. I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 96-2116 of the City Council of the City of National City, passed and adopted by the Council of said City on June 18, 1996. City Clerk of the City of National City, California By: Deputy