Chapter 15.09 RESIDENTIAL SWIMMING POOL AND SPA CODE

The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2021 Edition of the International Swimming Pool and Spa Code and all national codes and standards referenced therein as published by the International Code Council.

The various parts of these codes and standards, along with the additions, amendments, and deletions adopted in this section, shall constitute and be known as the Newport Beach Residential Swimming Pool and Spa Code. A copy of the 2021 International Swimming Pool and Spa Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to California Health and Safety Code Section 18942(e)(1) and made available for public inspection. (Ord. 2023-22 § 701, 2023; Ord. 2022-26 § 8, 2022)

15.09.020 Amendment to Section 101.1.

Section 101.1 is amended to read as follows:

Section 101.1 Title. These provisions shall be known as the Residential Swimming Pool and Spa Code of Newport Beach and shall be cited as such and will be referenced to herein as “this code.”

(Ord. 2022-26 § 8, 2022)

15.09.030 Amendment to Section 101.2.

Section 101.2 is amended to read as follows:

Section 101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement, renovation, replacement, repair and maintenance of residential pools and spas. The pools and spas covered by this code are either permanent or temporary and shall be only those that are designed and manufactured to be connected to a circulation system and that are intended for swimming, bathing or wading.

(Ord. 2022-26 § 8, 2022)

15.09.040 Deletion of Sections 102 through 114.

Sections 102 through 114 are deleted in their entirety. All administrative provisions including enforcement, permit process, fees, and inspections for these chapters are contained in the Newport Beach Municipal Code under Chapter 15.02, Administrative Code. (Ord. 2022-26 § 8, 2022)

15.09.050 Amendment to Section 201.3.

Section 201.3 is amended to read as follows:

Section 201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the California Building Code, California Energy Code, California Fire Code, California Mechanical Code, California Plumbing Code or California Residential Code, such terms shall have the meanings ascribed to them as in those codes.

(Ord. 2022-26 § 8, 2022)

15.09.060 Amendment and Addition to Section 202.

Section 202 RESIDENTIAL SWIMMING POOL and PUBLIC SWIMMING POOL definitions are amended and add PRIVATE POOL and SWIMMING POOL OR SPA definitions to read as follows:

RESIDENTIAL SWIMMING POOL (RESIDENTIAL POOL). Any constructed pool, permanent or portable, that is intended for noncommercial use as a swimming pool by not more than three owner families and their guest.

PUBLIC SWIMMING POOL (PUBLIC POOL). A pool, other than a private pool.

PRIVATE POOL. See Residential Pool.

SWIMMING POOL OR SPA. Any structure intended for swimming or recreational bathing that contains water over 18 inches deep. “Swimming pool” includes in-ground and aboveground structures and includes, but is not limited to, hot tubs, spas, portable spas, and nonportable wading pools.

(Ord. 2022-26 § 8, 2022)

15.09.070 Amendment to Section 301.

Section 301 is amended to read as follows:

Section 301.1 Scope. The provisions of this chapter shall govern the general design and construction of residential pools and spas and related piping, equipment, and materials. Provisions that are unique to a specific type of residential pool or spa are located in Chapters 7 through 10.

Section 301.1.1 Application of Chapters 7 through 10. Where difference occur between the provisions of this chapter and the provisions of Chapters 7 through 10, the provisions of Chapters 7 through 10 shall apply.

Section 301.1.2 Conflicts. In the event of a conflict between the provisions of the Swimming Pool Safety Act, this code, the 2022 California Building Code, or the 2022 California Residential

Code, the Building Official shall implement the most restrictive measures cited.

(Ord. 2022-26 § 8, 2022)

15.09.080 Amendment to Section 302.1.

Section 302.1 is amended to read as follows:

Section 302.1 Electrical. Electrical requirements shall comply with California Electrical Code.

(Ord. 2022-26 § 8, 2022)

15.09.090 Amendment to Section 302.2.

Section 302.2 is amended to read as follows:

Section 302.2 Water service and drainage. Piping and fittings used for water service, makeup and drainage piping for pools and spas shall comply with the California Plumbing Code. Fittings shall be approved for installation with the piping installed.

(Ord. 2022-26 § 8, 2022)

15.09.100 Amendment to Section 302.5.

Section 302.5 is amended to read as follows:

Section 302.5 Backflow protection. Water supplies for pools and spas shall be protected against backflow in accordance with the California Plumbing Code.

(Ord. 2022-26 § 8, 2022)

15.09.110 Amendment to Section 302.6.

Section 302.6 is amended to read as follows:

Section 302.6 Wastewater discharge. Where wastewater from pools or spas, such as backwash water from filters discharge to a building drainage system, the connection shall be through an air gap in accordance with the California Plumbing Code.

(Ord. 2022-26 § 8, 2022)

15.09.120 Amendment to Section 303.1.

Section 303.1 is amended to read as follows:

Section 303.1 Energy consumption of pools and permanent spas. The energy consumption of pools and permanent spas shall comply with the California Energy Code.

(Ord. 2022-26 § 8, 2022)

15.09.130 Deletion of Sections 303.1.1 through 303.3.

Sections 303.1.1 through 303.3 are deleted in their entirety. (Ord. 2022-26 § 8, 2022)

15.09.140 Deletion and Replacement of Section 304.2.

Section 304.2 is deleted in its entirety and replaced with:

Section 304.2 Floodplain Construction. Pools and spas constructed in special flood hazard areas shall comply with the City of Newport Beach Municipal Code Chapter 15.50, Floodplain Management.

(Ord. 2022-26 § 8, 2022)

15.09.150 Amendment to Section 305.1.

Section 305.1 is amended to read as follows:

Section 305.1 General. The provisions of this section shall apply to the design of barriers for restricting the public from entry into areas having pools and spas.

(Ord. 2022-26 § 8, 2022)

15.09.160 Rename and Amendment to Section 305.2.

Section 305.2 is renamed and amended to read as follows:

Section 305.2 Swimming pools and spas. Pools and spas shall be surrounded by a permanent barrier that complies with Sections 305.2.1 through the end of Section 305.

(Ord. 2022-26 § 8, 2022)

15.09.170 Amendment to Section 305.2.1 Item 1.

Section 305.2.1 Item 1 is amended to read as follows:

1. The top of the barrier shall be not less than 60 inches above grade where measured on the side of the barrier that faces away from the pool or spa. Such height shall exist around the entire perimeter of the barrier and for a distance of 3 feet measured horizontally from the outside of the required barrier.

(Ord. 2022-26 § 8, 2022)

15.09.180 Deletion and Rename Section 305.2.4.

Section 305.2.4 is deleted in its entirety and renamed to read as follows:

Section 305.2.4 Reserved

(Ord. 2022-26 § 8, 2022)

15.09.190 Amendment to Section 305.3.3.

Section 305.3.3 is amended to read as follows:

Section 305.3.3 Latch release. Where the door or gate latch release mechanism of the self-latching device is located less than 60 inches from grade, the release mechanism shall be located on the pool or spa side of the gate not less than 3 inches below the top of the gate, and the gate and barrier shall not have openings greater than 1/2 inch within 18 inches of the release mechanism.

(Ord. 2022-26 § 8, 2022)

15.09.200 Reserved.

(Ord. 2022-26 § 8, 2022)

15.09.210 Reserved.

(Ord. 2022-26 § 8, 2022)

15.09.220 Amendment to Section 305.5 Items 1 and 2.

Section 305.5 Items 1 and 2 are amended to read as follows:

1. Where only the pool wall serves as the barrier, the bottom of the wall is on grade, the top of the wall is not less than 60 inches above grade for the entire perimeter of the pool, the wall complies with the requirements of Section 305.2 and the pool manufacturer allows the wall to serve as a barrier.

2. Where a barrier is mounted on top of the pool wall, the top of the barrier is not less than 60 inches above grade for the entire perimeter of the pool, and the wall and the barrier on top of the wall comply with the requirements of Section 305.2.

(Ord. 2022-26 § 8, 2022)

15.09.230 Amendment to Section 306.1.

Section 306.1 is amended to read as follows:

Section 306.1 General. The structural design and installation of decks around pools and spas shall be in accordance with the California Residential Code or the California Building Code and this section.

(Ord. 2022-26 § 8, 2022)

15.09.240 Amendment to Section 306.4.

Section 306.4 is amended to read as follows:

Section 306.4 Deck steps handrail required. Pool and spa deck steps having three or more risers shall be provided with a handrail.

(Ord. 2022-26 § 8, 2022)

15.09.250 Amendment to Table 306.5.

Table 306.5 is amended to read as follows:

(Ord. 2022-26 § 8, 2022)

15.09.260 Amendment to Section 306.9.1.

Section 306.9.1 is amended to read as follows:

Section 306.9.1 Hose bibbs. Hose bibbs shall be provided for rinsing down the entire deck and shall be installed in accordance with the California Plumbing Code.

(Ord. 2022-26 § 8, 2022)

15.09.270 Amendment to Section 307.1.1.

Section 307.1.1 is amended to read as follows:

Section 307.1.1 Glazing in hazardous locations. Hazardous locations for glazing shall be as defined in the California Building Code or the California Residential Code, as applicable. Where glazing is determined to be in a hazardous location, the requirements for the glazing shall be in accordance with those codes, as applicable.

(Ord. 2022-26 § 8, 2022)

15.09.280 Amendment to Section 307.1.3.

Section 307.1.3 is amended to read as follows:

Section 307.1.3 Roofs or canopies. Roofs or canopies over pools and spas shall be in accordance with the California Building Code or California Residential Code, as applicable, and shall be constructed so as to prevent water runoff into the pool or spa.

(Ord. 2022-26 § 8, 2022)

15.09.290 Amendment to Section 307.1.4.

Section 307.1.4 is amended to read as follows:

Section 307.1.4 Accessibility. An accessible route to pools and spas of new common use areas serving covered multi-family dwellings shall be provided in accordance with the Chapter 11A of California Building Code. Accessibility within pools and spas shall be provided as required by Chapter 11A of California Building Code.

(Ord. 2022-26 § 8, 2022)

15.09.300 Amendment to Section 307.2.2.

Section 307.2.2 is amended to read as follows:

Section 307.2.2 Materials and structural design. Pools and spas shall conform to one or more of the standards indicated in Table 307.2.2. The structural design of pools and spas shall be in accordance with the California Building Code.

(Ord. 2022-26 § 8, 2022)

15.09.305 Amendment to Section 310.1 Exception No. 2.

Section 310.1 Exception No. 2 is amended to read as follows:

2. Wading pools shall not have suction outlets. Skimmers or overflow gutter shall be installed and shall accommodate 100 percent of the circulations system flow rate.

(Ord. 2022-26 § 8, 2022)

15.09.310 Amendment to Section 316.4.

Section 316.4 is amended to read as follows:

Section 316.4 Installation. Heaters shall be installed in accordance with the manufacturer’s specifications and the California Plumbing Code, California Mechanical Code, California Energy Code, California Electrical Code, as applicable. Solar thermal water heaters shall be installed in accordance with Section 316.6.

(Ord. 2022-26 § 8, 2022)

15.09.320 Amendment to Section 316.6.1.

Section 316.6.1 is amended to read as follows:

Section 316.6.1 Installation. Solar thermal water heaters shall be installed in accordance with the California Mechanical Code.

(Ord. 2022-26 § 8, 2022)

15.09.330 Amendment to Section 318.2.

Section 318.2 is amended to read as follows:

Section 318.2 Protection of potable water supply. Potable water supply systems shall be designed, installed and maintained so as to prevent contamination from nonpotable liquids, solids or gases being introduced into the potable water supply through cross-connections or other piping connections to the system. Means of protection against backflow in the potable water supply shall be provided through an air gap complying with ASME A112.1.2 or by a backflow prevention assembly in accordance with the California Plumbing Code.

(Ord. 2022-26 § 8, 2022)

15.09.340 Amendment to Section 320.1.

Section 320.1 is amended to read as follows:

Section 320.1 Backwash water or draining water. Wastewater from any filter, scum filter, scum gutter, overflow, pool emptying line, or similar apparatus shall discharge into an approved type of receptor and subsequently into a public sewer. The flood level rim of such receptor shall be at least 6 inches above the Design Flood Elevation (DFE) indicated in the Flood Insurance Rate Map as printed by the Federal Emergency Management Agency’s Flood Insurance Rate Map (FIRM). Direct connections shall not be made between the end of the backwash line and the disposal system. Drains shall discharge through an air gap.

(Ord. 2022-26 § 8, 2022)

15.09.350 Deletion of Sections 320.2 and 320.3.

Sections 320.2 and 320.3 are deleted in their entirety. (Ord. 2022-26 § 8, 2022)

15.09.360 Amendment to Section 321.

Section 321 is deleted in its entirety and replaced with the following:

Section 321.1 General. The provision of Section 321.2 shall apply to lighting for residential pools and spas.

Section 321.2 Residential pool and deck illumination. Where lighting is installed for, and in, residential pools and permanent residential spas, such lighting shall be installed in accordance with California Electrical Code.

(Ord. 2022-26 § 8, 2022)

15.09.370 Deletion and Rename of Chapter 4.

Chapter 4 is deleted in its entirety and renamed to read as follows:

Chapter 4 Reserved.

(Ord. 2022-26 § 8, 2022)

15.09.380 Deletion and Rename of Chapter 5.

Chapter 5 is deleted in its entirety and renamed to read as follows:

Chapter 5 Reserved.

(Ord. 2022-26 § 8, 2022)

15.09.390 Deletion and Rename of Chapter 6.

Chapter 6 is deleted in its entirety and renamed to read as follows:

Chapter 6 Reserved.

(Ord. 2022-26 § 8, 2022)

15.09.400 Amendment to Section 703.1.

Section 703.1 is amended to read as follows:

Section 703.1 General. Decks provided by the pool manufacturer shall be installed in accordance with the manufacturer’s instructions. Decks fabricated on-site shall be in accordance with the California Residential Code.

(Ord. 2022-26 § 8, 2022)

15.09.410 Amendment to Section 802.1.

Section 802.1 is amended to read as follows:

Section 802.1 Materials of components and accessories. The materials of components and accessories used for permanent inground residential swimming pools shall be suitable for the environment in which they are installed. The materials shall be capable of fulfilling the design, installation and the intended use requirements in the California Residential Code.

(Ord. 2022-26 § 8, 2022)

15.09.420 Amendment to Section 802.2.

Section 802.2 is amended to read as follows:

Section 802.2 Structural design. The structural design and materials shall be in accordance with the California Building Code.

(Ord. 2022-26 § 8, 2022)

15.09.430 Amendment to Section 901.2.

Section 901.2 is amended to read as follows:

Section 901.2 General. In addition to the requirements of this chapter, residential spas and residential exercise spas shall comply with the requirements of Chapter 3.

(Ord. 2022-26 § 8, 2022)

15.09.440 Add Section 903.

Section 903 is added as follows:

Section 903 MATERIALS

903.1 Pumps and motors. Pumps and motors shall be listed and labeled for use in spas.

(Ord. 2022-26 § 8, 2022)

15.09.450 Add Section 904.

Section 904 is added as follows:

Section 904 STRUCTURE AND DESIGN

904.1 Water depth. The maximum water depth for spas shall be 4 feet measured from the design waterline. The water depth for exercise spas shall not exceed 6 feet 6 inches measured from the design waterline.

904.2 Multilevel seating. Where multilevel seating is provided, the maximum water depth of any seat or sitting bench shall be 28 inches measured from the design waterline to the lowest measurable point.

904.3 Floor slope. The slope of the floor shall not exceed 1 unit vertical in 12 units horizontal (8.3-percent slope). Where multilevel floors are provided, the change in depth shall be indicated.

(Ord. 2022-26 § 8, 2022)

15.09.460 Add Section 905.

Section 905 is added as follows:

Section 905 RETURN AND SUCTION FITTINGS

905.1 Return fittings. Return fittings shall be provided and arranged to facilitate a uniform circulation of water and maintain a uniform sanitizer residual throughout the entire spa or exercise spa.

905.2 Suction fittings. Suction fittings shall be in accordance with Sections 905.2.1 through 905.2.4.

905.2.1 Testing and certification. Suction fittings shall be listed and labeled in accordance with APSP 16.

905.2.2 Installation. Suction fittings shall be sized and installed in accordance with the manufacturer’s specifications. Spas and exercise spas shall not be used or operated if the suction outlet cover is missing, damaged, broken or loose.

905.2.3 Outlets per pump. Suction fittings shall be provided in accordance with Section 310.

905.2.4 Submerged vacuum fittings. Submerged vacuum fittings shall be in accordance with Section 310.

(Ord. 2022-26 § 8, 2022)

15.09.470 Add Section 906.

Section 906 is added as follows:

Section 906 HEATER AND TEMPERATURE REQUIREMENTS

906.1 General. This section pertains to fuel-fired and electric appliances used for heating spa or exercise spa water.

906.2 Water temperature controls. Components provided for water temperature controls shall be suitable for the intended application.

906.2.1 Water temperature regulating controls. Water temperature regulating controls shall comply with UL 873 or UL 372. A means shall be provided to indicate the water temperature in the spa.

Exception: Water temperature regulating controls that are integral to the heating appliance and listed in accordance with the applicable end use appliance standard.

906.2.2 Water temperature limiting controls. Water temperature limiting controls shall comply with UL 873 or UL 372. Water temperature at the heater return outlet shall not exceed 140°F (60°C).

(Ord. 2022-26 § 8, 2022)

15.09.480 Add Section 907.

Section 907 is added as follows:

Section 907 WATER SUPPLY

907.1 Water temperature. The temperature of the incoming makeup water shall not exceed 104°F (40°C).

(Ord. 2022-26 § 8, 2022)