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Home My WebLink AboutOrdinances_2270_CCv0001.pdf ORDINANCE NO. 2270 AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTER 15.48 OF THE REDLANDS MUNICIPAL CODE RELATING TO THE REGULATION OF SWIMMING POOLS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS: Section 1. Section 15.48 of the Redlands Municipal Code relating to the regulation of swimming pools is hereby rescinded in its entirety and shall be rewritten as follows: "Chapter 15.48 Swimming Pools Sections: 15.48.010 Public Policy 15.48.020 Person Defined 15.48.030 Requirements 15.48.040 Control 15.48.050 New Construction 15.48.060 Violation-Penalty 15.48.010, Public Policy. It is found, declared and determined that private swimming pools shall be fenced as a precautionary measure to prevent severe hazard to the health, safety and welfare of the inhabitants of the City of Redlands, particularly children. 15.48.020. Person Defined. For the purpose of this Chapter the term "person" shall include, but not be limited to, any individual, firm,association,partnership, trust,corporation,or political subdivision within the City, or other form of organization whether operating for profit or otherwise. 15.48.030. Requirements. An outdoor swimming pool, hot tub,or spa shall be surrounded by a minimum of a four(4) foot high barrier. With respect to the installation or construction of an outdoor swimming pool, spa or hot tub, either prior to plastering or filling with water, the barrier shall be installed,inspected and approved by the City. DIA1402LE I 15.48.040. Control. A. No person in possession of land within the City of Redlands, either as owner, purchaser under contract, lessee, tenant, licensee or otherwise, upon which is situated an outdoor swimming pool or other out-of-doors body of water constructed of a permanent or portable nature and having a depth in excess of eighteen (18) inches, shall fail to maintain on the lot or premises upon which the water is located and completely surrounding such pool or body of water, a chain link fence,a solid wall or fence,a picket fence,an ornamental iron fence,or fencing of any other material which does not provide openings, holes or gaps which would constitute steps or other means of access. Any such pool fencing shall be a minimum of four(4) feet higher than any portion of the ground or pavement within three (3) feet of that side of the fence facing away from the pool. In addition, a chain link fence, a solid wall or fence,a picket fence, or an ornamental iron fence shall comply with the following requirements. (1) A chain link fence shall be constructed with wire of minimum eleven (11) gauge (United States steel wire gauge), and shall have openings not exceeding one and one quarter(1-1/4) inches on the parallel wire by one and three quarter(1-3/4) inches on the diagonal. Exception Maximum mesh size for chain link fences shall be one and one quarter(1 1/4) inch square unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to no more than one and three quarter(13/4) inches. (2) A solid wall or fence shall have its smooth side facing away from the pool, except for horizontal members or rails which must be spaced at least forty-five (45) inches apart. Existing fences with horizontal members spaced closer than three (3) feet shall be modified to prevent their use as access over the fence into the pool area. (3) A picket or ornamental iron fence shall have its vertical members spaced a maximum of four (4) inches apart such that a sphere four (4) inches in diameter cannot pass through with horizontal members or rails spaced a minimum of forty-five (45) inches apart. Each vertical member shall not vary in shape in the area between the rails nor shall the space between the vertical members and the top and bottom rails be occupied by any materials. B. Access to any swimming pool or body of water in excess of eighteen (18) inches in depth may be through a self-closing gate or door that opens outward away from the body of water and equipped with a self-latching device located on the pool side within three (3) inches of the required height of the fence or wall,and shall be designed to keep, and be capable of keeping, such door or gate securely closed at all times when not in actual use; provided, however,that any door of any single family dwelling occupied by human beings and forming any part of the enclosure herein above required need not be so equipped. Utility trailer and recreational vehicle access gates are required to have a self-latching device. Where the release mechanism of the self-latching device is located forty-eight (48) inches from grade, the release mechanism shall be located on the pool side of the barrier within three(3)inches of the required height of the fence, and the gate and fence DIM402LE 2 r shall have no opening greater than one half (1/2) inch within eighteen inches of the release mechanism. Utility trailers or recreational vehicle access gates shall also be equipped with lockable hardware or padlocks and shall remain locked at all times when not in use. No gate or door across a driveway,nor from any multiple dwelling,apartment house,motel,or hotel may open into the area between a fence or wall and the pool. The number of gates to a pool on property having multiple dwellings, apartments, motels or hotels shall be limited to one gate or opening. C. Any spa or hot tub with an approved locking safety cover, approved by the City's Chief Building Official, shall not be required to provide other barriers. Where a locking safety cover is not provided,the spa or hot tub shall comply with the requirements of this Chapter. D. 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, such ladder or steps shall be capable of being secured, locked or removed to prevent access or (2) the ladder or steps shall be surrounded by a barrier which meets the requirements of this Section. When the ladder or steps are secured, locked or removed,any openings created shall be protected by a barrier complying with the requirements of this Section. Exceptions Any dwelling unit with a private pool or a dwelling unit designated for occupancy by the manager or owner of a motel, hotel, apartment house or multiple dwelling unit may have a door which opens into the pool area. E. Any swimming pool constructed after the effective date of this Chapter shall be constructed with a minimum of five (5) feet between the main building and the swimming pool, five (5) feet between a side lot line or a rear lot line and the swimming pool, and five (5) feet between any auxiliary building and the swimming pool, except that lesser distances may be permitted between a swimming pool and a building, if the swimming pool is so designed as to maintain the structural integrity of the structures involved. F. No fence requiredby this Chapter shall be located closer than three (3) feet to a fence which does not conform to all of the provisions of this Section. 15.48.050 New Construction. All plans for swimming pools construction shall comply with the requirements of this Chapter or final inspection and approval of pools shall be withheld. 15.48.060 violation- Penalty. Any person who violates any of the provisions of this Chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine and/or imprisonment as provided for by State law. Such person shall be deemed guilty of a separate offense for every day during any portion of which any violation of this Chapter is committed, continued or permitted by DM402LE 3 I r such person, and shall be punishable therefor as provided by this Chapter." Section 2. The Mayor shall sign this ordinance and the City Clerk shall certify to the adoption of this ordinance and shall cause it, or a summary of it, to be published once in the Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this ordinance shall take effect in accordance with law. Mayor of the City of'Redlands ATTEST: City C rk I, Lorrie Poyzer,City Clerk of the City of Redlands,hereby certify that the foregoing ordinance was duly adopted by the City Council at a regular meeting thereof held on the 21st day of February 1995,by the following vote: AYES: Councilmembers Foster, Gilbreath, Gil; Mayor Larson NOES: None ABSTAIN: None ABSENT: Councilmember Cunningham City 91 rk, City o e ands DIM402LE 4