Pool
Barrier Requirements
CHAPTER 15.16.100 of TITLE 15, El DORADO COUNTY ORDINANCE.
BARRIERS FOR SWIMMING POOLS, SPAS AND HOT TUBS
Passed and adopted April 1, 2003, effective May 1,
2003.
California
Health and Safety Codes
All swimming pools, spas and hot tubs within the county shall
meet the requirements as specified in sections 115920 through
115927 of the California Health and Safety Codes and adding the
following:
Sections (c) and (d) of the Health and Safety Code § 115922,
may only be used in conjunction with an enclosure (meeting the
requirements of section 115923) that isolates the swimming pool,
spa or hot tub from adjoining property.
Existing swimming pools,
spas and hot tubs on property within the unincorporated areas
of this county shall meet the requirements of the Health and Safety
Code cited above when an addition, alteration or remodel, of a
structure on the property, exceeds twenty thousand dollars ($20,000)
in value and a building permit is required for the work. Applicable
requirements shall be in place prior to final inspection approval
of the new building.
CALIFORNIA
CODES
HEALTH AND SAFETY CODE
SECTION 115920-115927
115920. This act
shall be known and may be cited as the Swimming Pool Safety Act.
115921. As used in this
article the following terms have the following meanings:
(a) "Swimming pool" or "pool"
means any structure intended for swimming or recreational bathing
that contains water over 18 inches deep. "Swimming pool"
includes in-ground and above-ground structures and includes,
but is not limited to, hot tubs, spas, portable spas, and nonportable
wading pools.
(b) "Public swimming pool"
means a swimming pool operated for the use of the general public
with or without charge, or for the use of the members and guests
of a private club. Public swimming pool does not include a swimming
pool located on the grounds of a private single-family home.
(c) "Enclosure" means a fence,
wall, or other barrier that isolates a swimming pool from access
to the home.
(d) "Approved safety pool cover"
means a manually or power-operated safety pool cover that meets
all of the performance standards of the American Society for
Testing and Materials (ASTM), in compliance with standard F1346-91.
(e) "Exit alarms"
means devices that make audible, continuous alarm sounds when
any door or window, that permits access from the residence to
the pool area that is without any intervening enclosure, is opened
or is left ajar. Exit alarms may be battery operated or may be
connected to the electrical wiring of the building. 115922. Commencing January
1, 1998, except as provided in Section 115925, whenever a construction
permit is issued for construction of a new swimming pool at a
private, single-family home it shall be equipped with at least
one of the following safety features:
(a) The pool shall be isolated from
access to a home by an enclosure that meets the requirements
of Section 115923.
(b) The pool shall be equipped with
an approved safety pool cover.
(c) The residence shall be equipped
with exit alarms on those doors providing direct access to the
pool.
(d) 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 above the floor.
(e) 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 subdivisions
(a) to (d), inclusive, as determined by the building official
of the jurisdiction issuing the applicable building permit. Any
ordinance governing child access to pools adopted by a political
subdivision on or before January 1, 1997, is presumed to afford
protection that is equal to or greater than that afforded by any
of the devices set forth in subdivisions (a) to (d), inclusive.
115923. An enclosure
shall have all of the following characteristics:
(a) 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 above
the ground.
(b) A minimum height of 60 inches.
(c) A maximum vertical clearance from
the ground to the bottom of the enclosure of two inches.
(d) Gaps or voids, if any, do not allow
passage of a sphere equal to or greater than four inches in
diameter.
(e) 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 five years to climb over.
115924. Any person entering
into an agreement to build a swimming pool shall give the consumer
notice of the requirements of this article.
115925. The requirements
of this article shall not apply to any of the following:
(a) Public swimming pools.
(b) Hot tubs or spas with locking safety
covers that comply with the American Society for Testing Materials-Emergency
Performance Specification (ASTM-ES 13-89).
(c) Any pool within the jurisdiction
of any political subdivision that adopts an ordinance for swimming
pool safety that includes requirements that are at least as
stringent as this article.
(d) An apartment complex, or any residential
setting other than a single-family home.
115926. This article
does not apply to any facility regulated by the State Department
of Social Services even if the facility is also used as the 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.
115927. Notwithstanding
any other provision of law, this article shall not be subject
to further modification or interpretation by any regulatory agency
of the state, this authority being reserved exclusively to local
jurisdictions, as provided for in subdivision (e) of Section 115922
and subdivision (c) of Section 115924.
California
Health and Safety Codes
Frequently
Asked Questions about Pool Barriers.
When does
the pool barrier need to be installed?
A. The pool barrier will
need to be installed and inspected prior to the Plaster installation.
Is the
portable spa still exempt from the fence requirements?
A. No, the Health &
Safety code adopted May 1, 2003 now requires a barrier for portable
spas.
If the
permit application was submitted or approved prior to May 1, 2003,
am I still required to use the new barrier requirements?
A. No, the pools barrier
may meet the requirements in effect on the date of the application
submittal.
If I choose
to use only the door alarms for protection allowed by the Health
& Safety Code, am I required to install the barrier also?
A. Yes, El Dorado County
adopted an amendment to the Health & Safety Code that requires
the pool barrier in addition to the door alarms.
Will our
solar cover be acceptable as a required pool cover?
A. Only if the cover also
meets the standards found in ASTM standards F1346-91. The cover
must be correctly installed per the manufacturers instructions
to reduce the risk of drowning by preventing the access of children
under five years of age to the water. The cover must be properly
constructed to meet ASTM specifications and be labeled accordingly.
All ties, anchors or attachment points and controls for automatic
covers must be installed in a way to prevent operating or uncovering
the pool by children under the age of five. The original design
or performance of the cover must meet or exceed testing as prescribed
by ASTM standard F1346-91 section 9 Test Methods for Safety Covers.
Will our
picket fence with vertical boards 4 inches apart meet the barrier
requirement?
A. Only if the horizontal
members supporting the pickets are greater than 45 inches between
the tops of the members. This precludes young children from using
the members as a ladder to climb over the fence. If less than
45 inches the pickets can only have a spacing of 1 3/4 inches
as found in specifications of ASTM standards F 1908.
Can I use
a chain link fence as a pool barrier?
A. Only if it meets ASTM standards F 1908 for chain link which
requires a nominal 1 1/4 inch mesh opening measured between
parallel sides of the mesh and a maximum 1 3/4 inches measured
horizontally between the corners of the mesh. The mesh may be
larger if privacy slats are installed and fastened at the top
or bottom to prevent climbing.
Where can I find pool barrier requirements?
A. The county adopted
the State of California Health and Safety codes for pool barriers.
To define these barrier requirements we use the ASTM Standard
Guide for Fences, F-1908-98 except for more restrictive requirements
in the California code. These ASTM pool barrier standards were
established from studies of drownings and near-drownings and how
to prevent them.
Can I put up a temporary barrier
for now?
A. Yes, however any barrier
that is installed must meet the requirements of Title 15, Chapter
15.16.100 prior to approving the pre-plaster inspection or before
placing water in the pool. Remember, if you change the fence to
another design later it must meet all the requirements of the
ordinance.
Can I use the “no climb”
horse fencing for my pool barrier?
A. “No climb”
fencing was designed to prevent animals, primarily horses, from
being caught in the fence. It has not been reviewed nor tested
as a barrier to the pool. Using a study of drowning and near drowning
incidents by the Consumer Product Safety Commission, a fence should
not have footholds, handholds, and spaces that children under
the age of five can use to climb or gain access to the pool. The
maximum 1 ¾ inch space is based on the foot width of young
children that prevents them gaining a foothold. The 2 inch maximum
gap at the bottom of the fence precludes entry under the barrier.
The “no climb” horse fence does not meet these requirements
as a barrier to the pool.
Will my existing fence work as
a barrier if the pool was installed after the fence?
A. If the existing fence
meets today’s barrier requirement. Areas that do not meet
the requirements will need to be updated to current barrier standards.
Can I use my house alarm in lieu
of a separate pool door alarm?
A. Check with your alarm
company. On each door to the pool the alarm must remain active
at all times and generally the house alarm system does not provide
the individual door alarm needed.
What are the requirements for the
door alarm?
A. The sound must be of
sufficient volume to be heard inside the dwelling. It must start
within 7 seconds after the door is opened and sound continuously
for a minimum of 30 seconds. The alarm must have a minimum rating
of 85 decibels at 10 feet and be distinctive from all other household
alarms, telephones, doorbells, etc.. The alarm must automatically
reset after each use.
Can I temporarily deactivate the
alarm?
A. Each alarm installed
must be equipped with a manual means such as a touch pad or switches
to temporarily deactivate the alarm for a single opening from
either direction. The deactivation can only last for no more than
15 seconds. The pad or switch must be at least 54 inches above
the threshold of the door.
When are the door alarms not required?
A. An alarm is not required
when a barrier, meeting all the requirements, is installed completely
around the pool separating the pool from the house.
Does the door from the garage to
the pool area need to be alarmed?
A. An alarm is not required
if the door is self-closing and self-latching with the latching
device more than 54 inches above the floor or grade. Any door
from the house into the pool area meeting these requirements may
be used in lieu of the door alarm.
Why does the barrier gate open
outward now?
A. Studies show when a
gate opens outward and the latch fails to operate, a child who
pushes inward on the gate cannot immediately access the pool and
may even re-engage the latch.
What are the requirements of the
pool barrier gate?
A. The gate shall open
outward, be self-closing, and self-latching. The latching device
must be 60 inches above the grade or walkway and be located on
the pool side of the gate a minimum of 3 inches below the top.
The fence and gate shall not have any openings greater than ½
inch within 18 inches of the release mechanism when closed. There
must not be any space greater than 2 inches below the gate to
grade.
What if I have an RV double leaf
gate to the pool area?
A. The gates must meet
all the requirements of the pool barrier and be equipped with
a padlock or similar locking device that is locked at all times.
Where else can I get information
concerning pool barriers?
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