Chapter 14.24
SWIMMING POOL FENCING AND SECURITY
Sections:
14.24.030 Adoption of subsequent supplements, revisions and amendments.
14.24.040 Violation—Infraction.
* For statutory provisions authorizing cities to regulate building and construction within the city, see Gov. Code §§ 38601 and 38660; for provisions authorizing cities to adopt codes by reference, see Gov. Code § 50022 et seq.
14.24.010 Adoption.
A. The city adopts, without amendments, the “Uniform Swimming Pool, Spa and Hot Tub Code, 2009 Edition,” published by the International Association of Plumbing and Mechanical Officials (three true copies of which are on file in the office of the city clerk for public inspection), the provisions of which shall apply to the erection, installation, alteration, addition, repair, relocation, replacement, maintenance, or use of any swimming pool, spa or hot tub plumbing system within the city.
B. The construction and installation of electrical wiring for and equipment in or adjacent to all swimming, wading, therapeutic, and decorative pools, fountains, hot tubs, and spas shall be governed by the provisions of Article 680 of the California Electrical Code, 2010 Edition, and local amendments thereto, which is adopted and amended at Chapter 14.20. (Ord. 2011-01 § 7, 2011: Ord. 2004-5 (part), 2004: Ord. 98-10 § 10, 1998; Ord. 595 § 1, 1978: Ord. 541 § 1, 1975: Ord. 492 § 1, 1972)
14.24.020 Additions to code.
The code is amended by adding thereto a new chapter, number “V,” which is made a part of the code as so adopted:
CHAPTER V: FENCING OF SWIMMING POOLS:
Section 501: FENCING OF SWIMMING POOLS REQUIRED: Every person in possession of land within the City of Dinuba upon which is situated a swimming pool or other outdoor body of water designed, constructed and used for swimming, dipping, or immersion purposes, and having a depth in excess of two (2) feet above or below ground shall at all times maintain on the lot or premises upon which such pool or body of water is located, and completely surrounding such pool, body of water, or premises, a fence or wall no less than four and one-half (4 1/2) feet in height so that the swimming pool or body of water is completely enclosed by such fence or wall, or is enclosed in part by a dwelling house or other permanent structure to which such fence or wall is connected.
Such fence or wall shall be constructed so as to prevent any person, including small children, from crawling or passing through, under or over the same except at gates therein.
The construction of the fencing or wall shall be of material approved by the City Building Inspector.
Section 502: GATES: Every gate or door opening to a swimming pool enclosure, including gates or doors which provide access from breezeways and garages, and other auxiliary structures, shall be equipped with a self-closing and self-latching device designed to keep, and capable of keeping, such door or gate securely closed at all times when not in actual use. Such latching shall be placed at least four (4) feet above the ground level or otherwise made inaccessible to small children; provided, however, that the door of any dwelling occupied by human beings and forming any part of the enclosure herein above required, need not be so equipped.
Section 503: TIME FOR COMPLIANCE: The fencing required by these regulations shall be installed around all existing pools or bodies of water within ninety (90) days from and after the effective date of these regulations. No pool or other body of water, the construction of which is completed after the effective date of these regulations, shall be filled with water until the fencing required by the Provisions hereof has been provided.
Section 504: NEW CONSTRUCTION: All plans hereafter submitted to the City of Dinuba for swimming pools to be constructed shall show compliance with the requirements of the preceding sections and final inspection and approval of all pools hereafter constructed shall be withheld until all requirements of the preceding sections shall have been complied with.
Section 505: MODIFICATIONS: The City Council may make modifications in individual cases, upon a showing of good cause, with respect to the height, nature or location of the fence, wall, gates or latches, or the necessity therefor, provided the degree of protection, provided for herein, is not reduced thereby.
The City Council may permit other protective devices or structures to be used so long as the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the fence, gate and latch described herein.
Upon the application of a property owner, the City Council may grant extensions of time for compliance in individual cases upon a showing of good cause. Such extensions of time shall not exceed thirty (30) days at a time.
Section 506: PERMITS REQUIRED AND PERMIT FEES: No person, firm or corporation shall erect, construct, repair or move any fences or walls as required herein without first obtaining a permit for such action from the building official. To obtain the permit, the Applicant shall file an application in writing on a form furnished for that purpose by the Building Department. The fees for such permit shall be fixed by Resolution of the City Council and paid to the building official.
(Ord. 2007-11 (part), 2007: Ord. 2004-5 (part), 2004: Ord. 482 § 2, 1971)
14.24.030 Adoption of subsequent supplements, revisions and amendments.
All supplements, revisions and amendments to the code as may be hereafter approved and adopted by the state are adopted and made a part of this code. (Ord. 2007-11 (part), 2007: Ord. 2004-5 (part), 2004: Ord. 596 §2, 1978)
14.24.040 Violation—Infraction.
Any person, firm, or corporation violating any of the provisions of this chapter, including any violation of the provisions of the Uniform Swimming Pool Code or all other amendments, revisions or supplements, shall be guilty of an infraction and upon the conviction thereof shall be punishable by a fine not exceeding fifty dollars for a first violation; a fine not exceeding one hundred dollars for a second violation of the same ordinance within one year; a fine not exceeding two hundred fifty dollars for each additional violation of the same ordinance within one year. (Ord. 2007-11 (part), 2007: Ord. 2004-5 (part), 2004: Ord. 96-2 § 18, 1996: Ord. 596 § 3, 1978)