Chapter 13.40
SWIMMING POOL CODE1
Sections:
13.40.010 Compliance required.
13.40.040 Satisfactory alternate.
13.40.060 Fences and gates – Required.
13.40.070 Fences and gates – Waiver for inaccessibility.
13.40.080 Fences and gates – Covered pools.
13.40.090 Excavation walls – Distance from slope – Walkway.
13.40.003 Title.
This chapter shall be known as the city of Federal Way swimming pool code.
(Ord. No. 13-743, § 14, 6-4-13.)
13.40.007 Conflicts.
In the case of conflict between this chapter and any provision regulating swimming pools of the building code, the most restrictive shall apply.
In the case of conflict between this chapter and any provision regulating swimming pools of the residential code, the provisions of the residential code shall apply.
(Ord. No. 13-743, § 15, 6-4-13.)
13.40.010 Compliance required.
All plans submitted to the city for swimming pools to be constructed shall show compliance with the requirements of this chapter, and final inspection and approval of all pools constructed shall be withheld until all requirements of this chapter have been complied with.
(Ord. No. 07-563, § 1(A), 10-16-07; Ord. No. 95-234, § 1, 6-6-95; Ord. No. 90-56, § 5, 5-1-90. Code 2001 § 5-217.)
13.40.040 Satisfactory alternate.
Notwithstanding any precise requirements of this chapter, the building official may approve alternate methods of protection and construction and maintenance of swimming pools, provided such alternate methods meet the same essential surety requirements of this chapter, and it can be demonstrated that such alternate methods are better suited because of peculiar or unusual circumstances and that it is not practical to meet the precise requirements of this chapter. Any person who seeks to obtain approval of any such alternate and who is denied approval by the building official may appeal pursuant to FWRC 13.11.080.
(Ord. No. 09-594, § 6, 1-6-09; Ord. No. 07-563, § 1(A), 10-16-07; Ord. No. 95-234, § 1, 6-6-95; Ord. No. 90-56, § 6, 5-1-90. Code 2001 § 5-220.)
13.40.050 Retroactive effect.
Swimming pools, hot tubs and spas of a type subject to the provisions of this chapter which were in existence prior to the effective date of the ordinance codified in this chapter and where not provided with the safety requirement then in effect shall within six months from the effective date of the ordinance codified in this chapter be brought into conformity with the provisions and requirements of this chapter. Swimming pools, hot tubs and spas not brought into conformity within the period of time herein specified are hereby declared to be a public nuisance and public hazard, and the owner of the premises upon which such pool exists shall be subject to the penalties prescribed herein.
(Ord. No. 07-563, § 1(A), 10-16-07; Ord. No. 95-234, § 1, 6-6-95; Ord. No. 90-56, § 7, 5-1-90. Code 2001 § 5-221.)
13.40.060 Fences and gates – Required.
(1) Every person whether as owner, purchaser under contract, lessee, tenant or licensee in possession of land within the city upon which is situated a swimming pool, hot tub or spa in excess of 18 inches in depth, including portable pools, shall at all times maintain on the lot or premises upon which such pool is located and completely surrounding such pool, lot or premises, a fence or other solid structure designed to prevent small children from inadvertently wandering into the pool. Such fence or other solid structure shall be not less than five feet in height with no opening (other than doors or gates) except as follows:
(a) For a fence or other solid structure whose chief covering members are constructed in a vertical direction, there shall be no openings in a horizontal direction of more than four inches. For a fence of this type, there shall be no more than three horizontal members.
(b) For a fence or other solid structure whose chief covering members are constructed in a horizontal direction, there shall be no openings in a vertical direction.
(c) All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device designated to keep, and capable of keeping, such door or gate securely closed at all times when not in actual use and to prevent a small child from opening such door or gate; provided, however, that the door of any dwelling occupied by human beings, and forming any part of such enclosure, need not be so equipped.
(2) All latches or locking devices on doors or gates as required by this section shall be installed not less than four feet, six inches, above the adjoining walks, steps or ground level. No self-closing gate required by this section shall have a width in excess of four feet unless the design is specifically approved by the city building official. In no event shall a gate which serves a driveway qualify as a self-closing gate for the protection of swimming pools under the requirements of this section.
(Ord. No. 07-563, § 1(A), 10-16-07; Ord. No. 95-234, § 1, 6-6-95; Ord. No. 90-56, § 1, 5-1-90. Code 2001 § 5-222.)
13.40.070 Fences and gates – Waiver for inaccessibility.
The requirements of this chapter relating to a fence or other solid structure surrounding a swimming pool, hot tub or spa on all sides may be waived to the extent that the topographical features of the land upon which the pool is constructed or is proposed to be constructed are such as to make the land inaccessible and unapproachable from any portion thereof which is unfenced and unenclosed.
(Ord. No. 07-563, § 1(A), 10-16-07; Ord. No. 95-234, § 1, 6-6-95; Ord. No. 90-56, § 2, 5-1-90. Code 2001 § 5-223.)
13.40.080 Fences and gates – Covered pools.
(1) All permanent swimming pool covers shall be considered adequate enclosure protection as required in this chapter; provided, that:
(a) All exterior openings are constructed as required for gates;
(b) Exterior walls are solid and impenetrable. Pool cover structures shall conform to all requirements of the city building code in effect at the time of construction.
(2) All hot tub and spa covers shall be considered adequate enclosure protection as required by this chapter; provided, that when not in use, hot tubs or spas are covered by a solid cover capable of supporting 50 pounds.
(Ord. No. 07-563, § 1(A), 10-16-07; Ord. No. 95-234, § 1, 6-6-95; Ord. No. 90-56, § 3, 5-1-90. Code 2001 § 5-224.)
13.40.090 Excavation walls – Distance from slope – Walkway.
(1) Swimming pool excavations and swimming pools partially completed shall be protected and guarded against danger to life and property. Such excavations shall have walls of masonry or concrete of sufficient strength to retain the embankment together with any surcharged loads. No swimming pool or swimming pool excavation shall extend within one foot of the angle of repose or natural slope of the soil under any footing or foundation unless:
(a) Such footings or foundations are first properly pinned or protected against settlement; or
(b) The swimming pool wall is designed, through rational engineering analysis, to support the surcharge created by the building or structure resting on such footing or foundation.
(2) Notwithstanding the proximity of a swimming pool to a foundation or footing allowed by angle of repose, there shall be permanently maintained walkways between buildings and a swimming pool of not less than three feet in width. Diving boards and other permanently attached swimming pool accessories constructed along the perimeter of the pool shall in the aggregate not exceed five percent of the perimeter distance of the pool.
(Ord. No. 07-563, § 1(A), 10-16-07; Ord. No. 95-234, § 1, 6-6-95; Ord. No. 90-56, § 4, 5-1-90. Code 2001 § 5-225.)
Cross references: Restrictions regarding fences, FWRC 19.125.120 et seq.