Chapter 15.40
FREMONT SWIMMING POOL AND SPA CODE
Sections:
15.40.020 Adoption of the 2021 International Swimming Pool and Spa Code (ISPSC) with amendments.
15.40.030 Amendment of the 2021 International Swimming Pool and Spa Code (ISPSC).
15.40.040 Amendment of the 2021 ISPSC Section 303 (Energy).
15.40.050 Amendment to 2021 ISPSC Section 305 (Barrier Requirements).
15.40.060 Amendment to 2021 ISPSC Section 310 (Suction Entrapment Avoidance).
15.40.070 Amendment to 2021 ISPSC Section 316 (Heaters).
15.40.080 Amendment to 2021 ISPSC Section 504 (Pumps and Motors).
15.40.010 Title.
This chapter shall be known and may be cited as the “Fremont swimming pool and spa code” and will be referred to in this chapter as “this code.” (Ord. 11-2022 § 8, 11-1-22.)
15.40.020 Adoption of the 2021 International Swimming Pool and Spa Code (ISPSC) with amendments.
Chapters 2 through 3 and Chapters 7 through 11 of the 2021 Edition of the International Swimming Pool and Spa Code (ISPSC) as published by International Code Council is adopted with amendments as the Swimming Pool and Spa Code of the city of Fremont, California, as if fully set out in this chapter and is amended as provided in this chapter. A copy of the 2021 ISPSC shall be maintained on file in the office of the city clerk. (Ord. 11-2022 § 8, 11-1-22.)
15.40.030 Amendment of the 2021 International Swimming Pool and Spa Code (ISPSC).
The text of the 2021 International Swimming Pool and Spa Code, as adopted and amended by Section 15.40.020, is further amended to conform to the 2022 California Building Standards Code and as recommended by the building official as follows:
The codes, standards and references in this code should be revised as follows:
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Delete the following references |
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Insert the following code references |
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International Building Code |
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2022 California Building Code and 2022 California Residential Code |
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International Mechanical Code |
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2022 California Mechanical Code |
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National Electrical Code or NFPA 70 |
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2022 California Electrical Code |
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International Fire Code |
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2022 California Fire Code |
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International Plumbing Code |
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2022 California Plumbing Code |
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International Existing Building Code |
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2022 California Existing Building Code |
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International Residential Code |
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2022 California Residential Code |
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International Fuel Gas Code |
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2022 California Plumbing Code |
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International Energy Conservation Code |
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2022 California Energy Code |
(Ord. 11-2022 § 8, 11-1-22.)
15.40.040 Amendment of the 2021 ISPSC Section 303 (Energy).
Section 303 of the 2021 ISPSC is amended as follows:
303.1 – 303.3 {ISPSC text not modified}
303.3.1 Operating time. The time switch or other control mechanism shall be installed as part of a pool water circulation control system that will allow all pumps to be set or programmed to run only during off-peak electric demand period, and for the minimum time necessary to maintain the water in the condition required by applicable public health standards.
303.4 Covers. Heated pools and outdoor spas shall be provided with a vapor retardant cover.
Exception: Where pools or spas deriving at least 60 percent of the annual heating energy from site solar or recovered energy.
(Ord. 11-2022 § 8, 11-1-22.)
15.40.050 Amendment to 2021 ISPSC Section 305 (Barrier Requirements).
Section 305 of the 2021 ISPSC is amended as follows:
305.1 {ISPSC text not modified}
305.2 Outdoor swimming pools and spas. Other than those facilities regulated in Section 305.8, all outdoor pools and spas and indoor swimming pools shall be surrounded by a barrier that complies with Sections 305.2.1 through 305.7.
305.2.1 – 305.7 {ISPSC text not modified}
305.8 Private swimming pools. Whenever a building permit is issued for construction of a new swimming pool or spa, or any building permit is issued for remodeling of an existing 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 access to a home by an enclosure that meets the requirements of Section 305.8.1.
2. The pool shall incorporate removable mesh pool fencing that meets ASTM F 2286 in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device.
3. The pool shall be equipped with an approved safety pool cover that meets all requirements of the ASTM F 1346.
4. The residence shall be equipped with exit alarms on those doors providing direct access to the pool.
5. All doors providing direct access from the home to the swimming pool shall be equipped with a self-closing, self-latching device with a release mechanism placed no lower than 54 inches (1,372 mm) above the floor.
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 the ASTM F 2208 which includes surface motion, pressure, sonar, laser and infrared type alarms. For purposes of this section, “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 exceeds a certain distance or becomes submerged in water.
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 in items 1-4, and have been independently verified by an approved testing laboratory as meeting standards for those devices established by the ASTM or ASME.
Exceptions:
1. This section does not apply to any facility regulated by the State Department of Social Services even if the facility is also used as a private residence of the operator. Pool safety in those facilities shall be regulated pursuant to regulations adopted therefor by the State Department of Social Services.
2. Hot tubs or spas with locking safety covers that comply with the ASTM ES 13-89.
305.9 Enclosure. The enclosure for private swimming pools shall have all of the following characteristics:
1. Any access gates through the enclosure open away from the swimming pool and are self-closing with a self-latching device placed no lower than 60 inches (1,524 mm) above the ground.
2. A minimum height of 60 inches (1,524 mm).
3. A maximum vertical clearance from the ground to the bottom of the enclosure of 2 inches (51 mm).
4. Gaps or voids, if any, do not allow passage of a sphere equal to or greater than 4 inches (102 mm) in diameter.
5. An outside surface free of protrusions, cavities or other physical characteristics that would serve as handholds or footholds that could enable a child below the age of 5 years to climb over.
(Ord. 11-2022 § 8, 11-1-22.)
15.40.060 Amendment to 2021 ISPSC Section 310 (Suction Entrapment Avoidance).
Section 310 of the 2021 ISPSC is amended as follows:
310.1 {ISPSC text not modified}
310.2 Construction Requirements for building a pool or spa. Whenever a building permit is issued for the construction a new private 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 2 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 3 feet in any dimension between the drains. Suction outlets that are less than 12 inches across shall be covered with anti-entrapment grates, as specified in the ASME/ANSI Standard A 112.19.8, that cannot be removed except with the use of tools. Slots of 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 (1) and (2) 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 Products Safety Commission.
4. Whenever a building permit is for the remodel or modification of any 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 anti-entrapment cover meeting current standards of the American Society for Testing and Materials (ASTM) or the American Society of Mechanical Engineers (ASME).
Authority: Health and Safety Code Section 18942(b)
Reference: Health and Safety Code Section 115928 AB 3305 (Statutes 1996, c.925); AB 2977 (Statutes 2006, c.926); AB 382 (Statutes 2007, c.596)
(Ord. 11-2022 § 8, 11-1-22.)
15.40.070 Amendment to 2021 ISPSC Section 316 (Heaters)
Section 316 of the 2021 ISPSC is amended as follows:
316.1-316.2 {ISPSC text not modified}
316.2.1 (a) Certification by manufacturers. Heating systems and equipment shall be certified by the manufacturer that the heating system and equipment complies with the following:
1. Efficiency. A thermal efficiency that complies with the Appliance Efficiency Regulations in Title 20, Division 2, Chapter 4, Article 4 of the California Code of Regulations; and
2. Instructions. A permanent, easily readable and weatherproof plate or card that gives instruction for the energy efficient operation of the pool or spa heater and for the proper care of pool or spa water when a cover is used; and
3. Electric resistance heating. No electric resistance heating.
Exception 1 to Section 110.4(a)4: Listed package units with fully insulated enclosures, and with tight-fitting covers that are insulated to at least R-6.
Exception 2 to Section 110.4(a)4: Pools or spas deriving at least 60 percent of the annual heating energy from site solar energy or recovered energy.
316.2.1 (b) Installation. Any pool or spa system or equipment shall be installed with all of the following;
1. Piping. At least 36 inches of pipe shall be installed between the filter and the heater or dedicated suction and return lines, or built-in or built-up connections shall be installed to allow for the future addition of solar heating equipment.
3. Directional inlets. The swimming pool shall have directional inlets that adequately mix the pool water.
316.3 – 316.5.2 {ISPSC text not modified}
(Ord. 11-2022 § 8, 11-1-22.)
15.40.080 Amendment to 2021 ISPSC Section 504 (Pumps and Motors).
Section 504 of the 2021 ISPSC is amended as follows:
504.1 Emergency shutoff switch. One emergency shutoff switch shall be provided to disconnect power to circulation and jet system pumps and air blowers. Emergency shutoff switches shall be clearly labeled, accessible, located within sight of the spa and shall be located not less than 5 feet (1,524 mm) but not greater than 10 feet (3,048 mm) horizontally from the inside walls of the spa.
504.1.1 {ISPSC text not modified}
(Ord. 11-2022 § 8, 11-1-22.)