HomeMy WebLinkAboutCC ORD 2010-2356 Adopt 2009 Uniform Swimming Pool, Spa and Hot Tub CodeORDINANCE NO 2010 — 2356
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, ADOPTING
THE 2009 UNIFORM SWIMMING POOL, SPA AND
HOT TUB CODE, AND AMENDING CHAPTER 15.22 OF
THE NATIONAL CITY MUNICIPAL CODE, PERTAINING TO
THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE
The City Council of the City of National City does ordain as follows:
Section 1. The City Council of the City of National City hereby adopts the 2009
Uniform Swimming Pool, Spa and Hot Tub Code.
Chapter 15.22
UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE
Sections:
15.22.005 Uniform Swimming Pool, Spa and Hot Tub Code (2009 Edition) —Adopted.
15.22.010 Chapter 1, Section 104 "Administrative authority" —Deleted.
15.22.015 Chapter 1, Section 102.2 "Duties and powers of the administrative
authority" —Amended.
15.22.020 Chapter 1, Section 102.3 "Violations —Amended.
15.22.22 Chapter 1, Section 102.3.2 Penalties —Amended.
15.22.025 Chapter 1, Section 103.1 "Permit required" —Deleted.
15.22.030 Chapter 1, Section 103.4 "Fees" —Amended.
15.22.035 Chapter 1, Section 117 "Board of appeals" —Amended.
15.22.040 Chapter 2, Section 202 "Definitions" —Amended.
15.22.045 Chapter 3, Section 3109.4.1 of the 2010 California Building Code "Barrier
protection required" —Amended.
15.22.050 Chapter 1, Division II Section 102.2.2 Right of entry —Amended.
15.22.055 Expiration.
15.22.060 Permit Denial.
15.22.065 Permit Fees.
15.22.070 Plan Review Fees.
15.22.075 Reinspection.
15.22.080 Advisory and Appeals Board.
15.22.085 Placement of Permit.
15.22.090 Expiration of Plans.
15.22.095 Work Commencing without a Permit.
15.22.005 Uniform Swimming Pool, Spa and Hot Tub Code (2009 Edition) —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, Spa and Hot Tub Code as copyrighted by the
International Association of Plumbing and Mechanical Officials, being particularly the 2009
Edition, save and except such portions as are hereinafter deleted, modified or amended, based
on local climatic, geological, or topographical conditions that justify deviating from such code, of
which one copy is now on file in the office of the Building Official; and the same is adopted and
incorporated as fully as if set out at length in this chapter and from January 1, 2011, the
provisions thereof shall be controlling within the limits of the city.
15.22.010 Chapter 1, Section 104 "Administrative authority" —Deleted. Section 104
of the Uniform Swimming Pool, Spa and Hot Tub Code is hereby deleted.
15.22.015 Chapter 1 Section 102.2 "Duties and powers of the administrative
authority" —Amended. Section 102.2 of the Uniform Swimming Pool, Spa and Hot Tub Code is
amended by adding the following:
102.2 Duties and Powers of the Administrative Authority. The San Diego
County Health Department and/or its 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 Chapter 1, Section 102.3 "Violations —Amended. Section 102.3 of the
Uniform Swimming Pool, Spa and Hot Tub Code is amended to read as follows:
102.3. Violations. 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 that 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 approval when issued in error.
15.22.022 Chapter 1, Section 102.3.2 Penalties —Amended. Section 102.3.2 of the
Uniform Swimming Pool, Spa and Hot Tub Code is amended to read as follows:
102.3.2 Penalties. Violation of any provision 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.
15.22.025 Chapter 1, Section 103.3.4 "Permits" —Deleted. Section 103.3.4 of the
Uniform Swimming Pool, Spa and Hot Tub Code is deleted.
Ordinance No. 2010 — 2356 2 Uniform Swimming Pool,
Spa and Hot Tub Code
15.22.030 Chapter 1, Section 103.4.1 "Fees" —Amended. Chapter 1, Section 103.4.1
of the Uniform Swimming Pool, Spa and Hot Tub Code is amended to read as follows:
103.4.1 Fees. 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. Permit fees shall be as established by the most recently adopted fee
schedule.
15.22.033 Chapter 1 Section 103.4.3.2 "Work commencing without a permit" —
Amended. Section 103.4.3.2 of the Uniform Swimming Pool, Spa and Hot Tub Code is
amended to read as follows:
Section 103.4.3.2 Work commencing without a permit. 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 therefor, shall be subject
to an administrative penalty equal to the inspection fee portion of the permit fee
that would be required by this code if a permit were to be issued. The
administrative penalty is in addition to a permit fee however, 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 therefor, before the commencement of the
work. In all such cases, a permit must be obtained by the next business day, and
if such permit is not obtained for the completion of such emergency work, the
administrative penalty as herein provided shall be charged.
15.22.035 Chapter 1, Section 117 "Board of appeals" —Amended. Section 117 of the
Uniform Swimming Pool, Spa and Hot Tub Code is amended to read as follows:
Section 117 Board of Appeals. The City Council, pursuant to National City
Municipal Code Chapter 15.04, shall have jurisdiction to review the items as
enumerated in Chapter 15.22 of the National City Municipal Code.
15.22.040 Chapter 2, Section 202 "Definitions" —Amended. Section 202 of the
Uniform Swimming Pool, Spa and Hot Tub Code is amended by adding the following definitions:
Section 202 Definitions.
Above Ground/On Ground Pool - See definition of swimming pool.
Approved safety pool cover - means a manually or power -operated safety
pool cover that meets all of the performance standards of the American Society
of Testing and Materials (ASTM) in compliance with Standard F1346-91.
Enclosure - is a fence, wall, or other barrier that isolates a swimming pool
from access to the home.
Exit alarms - devices that make audible, continuous alarm sounds when
any door or window, that permits access from the residence to the pool area that
is without any intervening enclosure, is opened or is left ajar. Exit alarms may be
battery operated or may be connected to the electrical wiring of the building.
Ordinance No. 2010 — 2356
3 Uniform Swimming Pool,
Spa and Hot Tub Code
Grade (surface) - 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 18 inches deep. This includes in -ground,
aboveground and on -ground swimming pools, hot tubs, spas, portable spas and
nonportable wading pools.
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.
15.22.045 Chapter 31, Section 3109.4.1 "Barrier height and clearances" —Amended.
Section 3109.4.21 of the Uniform Swimming Pool, Spa and Hot Tub Code is amended to read
as follows:
Section 3109.4.1 Barrier Protection Required. Outdoor swimming pools,
including in -ground, aboveground, and on -ground pools, hot tubs and spas shall
be provided with a barrier that 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 that 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 2 inches measured to a hard surface such as concrete. This
measurement shall be taken on the side of the barrier that faces away from the
swimming pool. Where the top of the pool structure is above grade, such as an
aboveground 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.
3. Solid barriers that 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
and there are decorative cutouts within vertical members, spacing within the
cutouts shall not exceed 2 inches in width, and spacing between vertical
members shall not exceed 4 inches.
5. Maximum mesh size for chain link fences shall be a 1%-inch square.
The wire shall be not less than 11'% gauge.
6. 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.
Ordinance No. 2010 — 2356 4 Uniform Swimming Pool,
Spa and Hot Tub Code
7. 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 that
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 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.
8. 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 (a) the ladder or steps shall be capable of being secured,
locked or removed to prevent access or, (b) 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.
9. 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.
10. 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.
15.22.050 Chapter 1, Division II Section 102.2.2 Right of entry —Amended. Division
II, Section 102.2.2 of the Uniform Swimming Pool, Spa and Hot Tub Code is amended to read
as follows:
Section 102.2.2 Right of Entry. When necessary to make an inspection
to enforce any of the provision of this code, or when the Authority Having
Jurisdiction has reasonable cause to believe that there exists in any building or
upon any premises a condition or code violation which make such building or
premises unsafe, dangerous or hazardous, the Authority Having Jurisdiction
and/or their authorized representatives may request entry as specified in Chapter
1.12 of the National City Municipal Code.
15.22.055 Chapter 1, Division II, Section 103.3.4 Expiration —Amended. Section
103.3.4 of the 2010 California Plumbing Code is amended to read as follows:
103.3.4 Expiration. Every permit issued by the Authority Having
Jurisdiction 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 suspended or abandoned at any
time after work has commenced for a period of six calendar months, or if the
building or work authorized by such permit exceeds three calendar years from
Ordinance No. 2010 — 2356
5 Uniform Swimming Pool,
Spa and Hot Tub Code
the issuance date of the permit. Work shall be presumed to be suspended or
abandoned if the permittee has not obtained a required inspection approval of
work by the Authority Having Jurisdiction within each six month period upon
commencement of work authorized by such permit.
In the event a permit has expired, a permittee may recommence work
only if either a new permit or renewal permit is obtained, as specified below:
1. Permits where work was not commenced. For permits for
which work was not been commenced in the first six calendar months from the
date of issuance, a renewal permit may be issued only if:
(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 adopted codes is in effect
as used in the initial plan check; and,
(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 the
initial permit issuance. When later editions of the 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 the 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.
2. Permit where work was commenced. For permits where
work was commenced and was subsequently stopped as defined herein, a
renewal permit may be obtained only if:
(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 permit issuance date;
(C) A fee equal to one-half the amount required for a
new permit is paid, except that where construction has progressed to the point of
requiring only a final inspection. a fee equal to one -quarter of the amount
required for new permit shall be paid;
(D) A renewal permit shall expire three calendar years
from the date of the initial permit issuance.
The maximum life of a permit renewal in accordance with this sub-
section shall be one calendar year from the date of renewal. The permit may be
renewed each calendar year thereafter provided that all requirements of (A) (8)
and (C) as stated in this sub -section are met.
3. Extension of an unexpired permit. For an extension of a
permit which has not yet expired, the permittee may apply for an extension of
time within which work under that permit may be continued when for good and
satisfactory reasons the permittee is unable to continue work within the time
required by this chapter. The Authority Having Jurisdiction may extend the time
for action by the permittee for a period not exceeding six calendar months
beyond the expiration date in effect at the time of the extension application, upon
written request by the permittee showing that circumstances beyond the control
of the permittee have prevented action being taken.
Ordinance No. 2010 — 2356
6 Uniform Swimming Pool,
Spa and Hot Tub Code
Permits issued where the permittee has been deployed to a
foreign country, may be held in' abeyance until six months after the return of the
permittee from his/her deployment if necessary, upon application for such relief
by the permittee.
4. Permits that have exceeded three years. For permits that
have exceeded three years beyond the issuance date. a permit renewal may be
obtained, provided that:
(A) Construction in reliance upon the building permit
has been commenced and has been approved;
(B) No changes have been made or will be made in the
original plans and specifications for such work; and.
(C) A fee equal to the full amount required for a new
permit is paid, except that where the Authority Having Jurisdiction determines
that construction has progressed to the point that a lesser fee is warranted, such
lesser fee shall be paid.
5. Permits issued where the permittee has been deployed to
a foreign country, may be held in abeyance until six months after the return of the
permittee from his/her deployment if necessary, upon application for such relief
by the permittee.
A permit renewed pursuant to this subsection shall not exceed
one calendar year from the date of renewal. A permit may be renewed annually
provided that all requirements of (A), (B), and (C) above are met.
15.22.060 Permit Denial. The Authority Having Jurisdiction may deny the issuance
of a building permit on any property where there exists an unsafe or a substandard building as
provided in the Chapters 15.10 and 15.16 of the National City Municipal Code, or where there
exists unlawful construction, or where there exists a violation of the National City Municipal
Code.
15.22.065 Permit Fees. Fees shall be assessed in accordance with the most recent
Fee Schedule adopted by the National City City Council .
15.22.070 Plan Review Fees. When a plan or other data are required to be
submitted by 103.2.2, a plan review fee shall be paid at the time of submitting plans and
specifications for review. The plan review fees for plumbing work shall be as set forth in the fee
schedule adopted by the City Council. When plans are incomplete or changed so as to require
an additional plan review fee, the fee shall be as per the fee schedule.
15.22.075 Reinspection. A re -inspection fee may be assessed for each inspection
or re -inspection when any of the following occurs:
1. The portion of work for which the inspection was called is not complete; the
corrections previously required and called for are not made;
2. Calling for an inspection before the job is ready for such inspection or re -
inspection;
3. The inspection record card or the approved plans are not posted or otherwise
available to the inspector;
4. Failure to provide access on the date for which the inspection is requested; or,
5. Deviating from the approved plans when such deviation or change required
approval of the building official.
Ordinance No. 2010 — 2356
7 Uniform Swimming Pool,
Spa and Hot Tub Code
To obtain a re -inspection, the permittee shall pay the re -inspection fee as
specified in the most current Fee Schedule adopted by the National City City Council . In
instances where a re -inspection fee has been assessed, no further inspections shall be
performed until the fees have been paid.
15.22.080 Advisory and Appeals Board. The City Council, pursuant to National City
Municipal Code Chapter 15.04, shall have jurisdiction to review the items as enumerated in
Chapter 15.20 of the National City Municipal Code.
15.22. 085 Placement of Permit Placement of permit. The building permit or a copy,
the inspection record, and the approved plans shall all be kept on site until the completion of the
project. The inspection record is to be kept on the job unless removed by the building official.
15.22.090 Expiration of Plans. An application for a permit shall be deemed to have
been abandoned six months after the date of filing, unless such application has been pursued in
good faith or the permit has been issued; except that the Authority having Jurisdiction is
authorized to grant a maximum of three extensions for additional time of three months each,
provided there have been no changes to the plans and no new codes have been adopted since
the initial plan check was conducted. A fee equal to 25% of the initial plan check fee will be
assessed for each plan check extension. The extension shall be requested in writing and
justifiable cause demonstrated.
15.22.095 Work Commencing without a Permit. Any person who commences any
work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining
the necessary permits shall be subject to an administrative penalty equal to the inspection fee
portion the permit fee that would be required by this code if a permit were to be issued. The
administrative penalty is in addition to a permit fee. When a plan review is required for issuance
of such permit, the plan review fee portion will not be subject to said penalty. The payment of
such administrative penalty shall not exempt any person from compliance with all other
provisions of this code or from any penalty prescribed by law.
PASSED and ADOPTED this 23rd day of November, 2010.
ATTEST:
Michael R. Dalla, City Clerk
A' ROVED AS •
lo
io IA. A
". dia . Sil'v.li
City Attorney
FORM:
Ordinance No. 2010 — 2356
errison, Mayor
8 Uniform Swimming Pool,
Spa and Hot Tub Code
Passed and adopted by the Council of the City of National City, California, on
November 23, 2010 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
By:
RON MORRISON
Mayor of the City of National City, California
q Ar
City Clerk of the City of ational City, California
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven
calendar days had elapsed between the day of its introduction and the day of its final
passage, to wit, on November 9, 2010 and on November 23, 2010.
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. 2010-2356 of the City Council of the City of National City, passed
and adopted by the Council of said City on November 23, 2010.
By:
City Clerk of the City of National City, California
Deputy