HomeMy WebLinkAboutOB 1 POOL BARRIER 10-19-92OLD BUSINESS NO. 1
10-19-92
AG E /o. --1 9 -90-N D
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Inter -Com
DATE: OCTOBER 19, 1992
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TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: POOL BARRIER REQUIREMENTS FOR SINGLE FAMILY DWELLINGS
RECOMMENDATION
Pleasure of the Council
BACKGROUND
At the September 21, 1992 meeting of the Tustin City Council, Mr.
Al Palladino, founder of the "Save -That -Child" Foundation,
addressed the City Council during the public input section.
Mr. Palladino commented on a recent child drowning, which occurred
at 130 N. "A" Street, Tustin, California and the Tustin City
Ordinance No.1091 as it relates to pool barriers for single family
dwellings.
City of Tustin Pool Barrier Requirements for single family
dwellings, were mandated through the local code adoption process.
The California Building Code is arranged by Chapters and Appendix
Chapters. The provisions contained in Chapters must be enforced by
cities and counties. The Appendix Chapters are not required to be
enforced unless specifically adopted by a city or county. Pool
barrier requirements for single family dwellings are contained in
Appendix Chapter 12, Division III of the 1991 Edition of the
California Building Code. (Effective 8-92) (Attachment A). This
Appendix Section is new to the California Building Code and
represents the first steps toward Uniform Barrier Requirements for
pools at single family dwellings. The standards in the Appendix
Chapter were developed through a democratic process of notice,
input, debate and vote by the International Conference of Building
Officials (ICBG). Significant discussion occurred among code
officials, pool builders, developers and special interest groups
during the development of the standards. The City of Tustin
adopted the Pool Barrier Appendix with its adoption of Ordinance
1091 on July 6,1992, (Attachment B- Pool Barrier Requirements).
Two local amendments were made to the Pool Barrier Standards.
These amendments were made based upon input from the Orange Empire
Chapter of I.C.B.O., Orange County Health Agency, after a public
hearing. The local amendments adopted by the City of Tustin are
consistent with those adopted by the Cities of Mission Viejo,
City Council Report
Pool Barrier Requirements for
Single Family Dwellings
October 19, 1992
Page 2
Laguna Hills, and Villa Park. The local amendments consisted of
the following:
1. Perimeter barriers were required to be 5 feet tall instead of
4 feet tall as required by the Appendix.
2. An exception was added to the door alarm section which allows,
as an alternate to audible alarms, an automatic locking device
on the door providing access to the pool with the locking
device located at least 54" above the floor. The second part
of the exception allows for the use of an additional 4 foot
tall fence instead of the door alarm to separate the pool from
the house.
These exceptions were added to provide alternate methods of
separating children, who are in the home, from the pool area.
These exceptions are supported by the Orange County Health Care
Agency. The Barrier Standards adopted by the City are also in
compliance with voluntary standards contained in the California
Building Code.
Mr. Palladino raised an issue regarding the placement of a locking
device on a door providing access to a pool area. This method of
controlling access to the pool area is allowed under the City
amendments to the pool barrier regulations. The California
Building Code (C.B.C.) requires one exit door from a single family
dwelling (C.B.C. Section 3303(a)). The front door to a single
family dwelling provides this required exit. This required exit is
prohibited from passing through the pool enclosure by C.B.C. Sec.
3301(a) which requires an exit to provide a clear and unobstructed
means of egress to a public way. Therefore, the option for
providing a door lock at greater than 54" above floor level applies
only at a door to a pool area which is also a door not required by
code for exiting purposes. Additionally, California Building Code
Section 1204 requires operable windows in all bedrooms that may be
used for emergency escape or rescue purposes. These windows are
subject to minimum size requirements and a sill height maximum of
44 inches above the floor. Bars, grilles, grates, etc. may be
installed on escape/rescue windows and/or on any required exit door
provided that the devices are equipped with approved release
mechanisms which are openable from the inside without the use of a
key or special knowledge or effort. These release mechanisms are
required to avoid trapping people in a house.
City Council Report
Pool Barrier Requirements for
Single Family Dwellings
October 19, 1992
Page 3
Mr. Palladino has alleged that the pool at 130 N. "A" Street was
constructed without any protective barriers. A review of City
records indicates that the subject pool was constructed in 1979
(See attachment C for Permit). On October 5, 1992 Mr. Rick Brown,
Building Official, met with the tenant at 130 N. "A" Street and
with the tenants permission, inspected the pool barriers at the
property (See attachment D for Photos). The property has a 6 foot
high block fence and gates surrounding the pool and terminating at
the side walls of the house. There is access to the pool area
through a sliding glass door at the rear of the house. This
method of.accessing pools at single family dwellings is allowed by
code. Any pools permitted after July 1992 would be subject to the
new requirements for door alarms,- automatic door locks, or
secondary fencing. The new requirements are not retroactive and do
not apply to existing pools. After inspection of the property,
staff feels that the pool barrier is in compliance with the
standards that were applicable when the pool was constructed.
Mr. Palladino has stated that the conditions of the pool barriers
at 130 N. "A" Street require correction. The City Ordinance for
Pool Barriers does not mandate changes to existing pools each time
a new edition of the codes are adopted. The same situation applies
to other changes in Building Codes. Buildings are built to the
code in effect at the time of project submittal. Subsequent code
changes do not mandate changes to existing buildings. Therefore,
the City would not have the authority, under the current Ordinance,
to require changes to 130 N. "A" Street. If the City were to
require changes to existing pools, staff would need to have
regulations adopted mandating code upgrades to existing pools,
conduct a City-wide survey of existing pools, notify all pool
owners of new code requirements, permit and inspect all existing
pools and conduct follow up inspections each time the codes change
( every 3 years) .
CONCLUSION
Recognizing that the adoption of pool barrier standards for single
family dwellings is a discretionary action by the City Council,
City Council Report
Pool Barrier Requirements for
Single Family Dwellings
October 19, 1992
Page 4
staff would be prepared to support whatever direction is provided
by the City Council.
Rick Brown
Building Official
t
Christine A. Shing ton
Assistant City Manager
Community Development
Attachments: A - 1991 Ca. Building Code Appendix Ch. 12, Div. III
B - Ordinance 1091 Pool Barrier Section
C - Pool Permit 130 N. "A" Street
D - Photos 130 N. "A" Street
RB:CAS:br:kbc\plbarrreq.rb
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APPENDIX 1991 UNIFORM BUILDING CODE
(b) Flammable Liquids. The storage and handling of gasoline, fuel oil or other
flammable liquids shall be in accordance with the Fire Code.
(Sections 1235 through 1240 are reserved.)
Division 111 A�o�
"BARRIERS FOR SWIMMING POOLS,
SPAS AND HOT TUBS
NOTE:'This is a new divisions'')
General
Sec. 1241. The provisions of this section apply to the design and construction of
barriers for swimming pools located on the premises of Group R, Division 3 Occu-
pancies.
Definitions
Sec. 1242. For the purpose of this section, certain terms, words and phrases are
defined as follows:
ABOVEGROUND/ON-GROUND POOL. See definition of swimming pool.
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BARRIER is a fence, wall, building wall or a combination thereof, which com-
pletely surrounds the swimming pool and obstructs access to the swimming pool.
GRADE is the underlying surfacenuch as earth or a walking surface.
HOT TUB. See definition of swimming pool.
IN-GROUND POOL. See definition of swimming pool.
SPA, NONPORTABLE. See definition of swimming pool.
'
SPA, PORTABLE, is a nonpermanent structure intended for recreational bath-.;
�ing, in which all controls, water-heating and water-circulating equipment are an
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integral part of the product"and which is cord connected (not permanently electri-
cally wired).
SWIMMING POOL is any structure intended for swimming or recreational
bathing that contains water over 24 inches deep. This includes in-ground, above-
ground and on-ground swimming pools, hot tubs and spas.
SWIMMING POOL, INDOOR, is a swimming pool which is totally con-
tained within a residential structure and surrounded on all four sides by walls of
said structure.
SWIMMING POOL, OUTDOOR, is any swimming pool which is not an in-
door pool.
-
Requirements
Sec. 1243. (a) Outdoor Swimming Pool. An outdoor swimming pool, includ-
ing an in-ground, aboveground or on-ground pool, hot tub or spa shall be provided
with a barrier which shall comply with the following:
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1991 UNIFORM BUILDING CODE APPENDIX
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1. The top of the barrier shall be at least 48 inches above grade measured on the
side of the barrier which faces away from the swimming pool. The maximum ver-
tical clearance between grade and the bottom of the barrier shall be 2 inches mea-
sured on the side of the barrier which faces away from the swimming pool. Where
the top of the pool structure is above grade, such as an aboveground pool, the barri-
er may be at ground level, such as the pool structure, or mounted on top of the pool
structure. Where the barrier is mounted on top of the pool structure, the maximum
vertical clearance between the top of the pool structure and the bottom of the barrier
shall be 4 inches.
2. Openings in the barrier shall not allow passage of a 4 -inch -diameter sphere.
3. Solid barriers which do not have openings, such as masonry or stone walls,
shall not contain indentations or protrusions except for tooled masonry joints.
4. Where the barrier is composed of horizontal and vertical members and the dis-
tance between the tops of the horizontal members is less than 45 inches, the hori-
zontal members shall be located on the swimming pool side of the fence. Spacing
between vertical members shall not exceed 13/4 inches in width. Where there are
decorative cutouts within vertical members, spacing within the cutouts shall not
exceed 1 3/4 inches in width.
5. Where the barrier is composed of horizontal and vertical members and the dis-
tance between the tops of the horizontal members is 45 inches or more, spacing be-
tween vertical members shall not exceed 4 inches. Where there are decorative
cutouts within vertical members, spacing within the cutouts shall not exceed 3/4 in-
ches in width.
6. Maximum mesh size for chain link fences shall be a 1'/4 -inch square unless the
fence is provided with slats fastened at the top or the bottom which reduce the open-
ings to no more than 13/4 inches. The wire shall not befess than 9 gauge.
7. Where the barrier is composed of diagonal members, such as a lattice fence,
the maximum opening formed by the diagonal members shall be no more than 13/4
inches. 3� &..,t N w ( e Iti
8. Access gates shall comply with the requirements of Items 1 through 7 and
shall be equipped to accommodate a locking device. Pedestrian -access gates shall
open outward away from the pool and shall be self-closing and have a self -latching
device. Gates other than pedestrian access gates shall have a self -latching device.
Where the release mechanism of the self -latching device is located less than 54 in=
ches from the bottom of the gate, (1) the release mechanism shall be located on the
pool side of the gate at least 3 inche's below the top of the gate and (2) the gate and
barrier shall have no opening greater than '/2 inch within 18 inches of the release
mechanism.
9. Where a wall of a dwelling serves as part of the barrier, doors with direct ac-
cess to the pool through that wall shall be equipped with an alarm which produces
an audible warning when the door and its screen, if present, are opened. The alarm
shall sound continuously for a minimum of 30 seconds immediately after the door
is opened, and be capable of being heard throughout the house during normal
household activities. The alarm shall automatically reset under all conditions. The
alarm system shall be equipped with a manual means, such as a touchpad or switch,
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APPENDIX 1991 UNIFORM BUILDING CODE
to temporarily deactivate the alarm for a single opening. Such deactivation shall
last for no more than 15 seconds. The deactivation switch shall be located at least
54 inches above the threshold of the door. Other means of protection, such as
self-closing doors with self -latching devices approved by the building official,
shall be acceptable so long as the degree of protection afforded is not less than the
protection afforded by the alarm system described above.
10. Where an aboveground pool structure is used as a barrier or where the bar-
rier is mounted on top of the pool structure, and the means of access is a ladder or
steps, then (1) the ladder or steps shall be capable of being secured, locked or re-
moved to prevent access or (2) the ladder or steps shall be surrounded by a barrier
which meets the requirements of Items 1 through 9. When the ladder or steps are
secured, locked or removed, any opening created shall not allow the passage of a
4 -inch -diameter sphere.
(b) Indoor Swimming Pool. Doors with direct access to an indoor swimming
pool shall comply with Section 1243 (a) 9.
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proprietorships or similar distinct
occupancies. This is intended to prohibit
master keying."
(n) section 4701 is amended by adding subsection (e) to read
as follows:
11(e) Suspended Acoustical Ceiling Systems. Suspended
acoustical ceiling systems shall be installed in
accordance with the 1988 edition of U.B.C. Standard No.
47-18."
(o) Section 6001 is amended by adding three (3) items to read
as follows:
1138.1 UBC Standard 38-1 is not adopted and whenever
it is referenced in this code it shall mean
NFPA 13, 1989 Edition, as specified in the
Fire Code amendments as adopted in the Tustin
City Code.
.,
38.2 UBC Standard 38-2 is not adopted and whenever
it is referenced in this code it shall mean
NFPA 14, 1990 Edition, as specified in the
` Fire Code amendments as adopted in the Tustin
City Code.
38.3 UBC Standard 38-3 is not adopted and whenever
it is referenced in this code it shall mean
NFPA 13R, 1989 Edition, as specified in the
Fire Code amendments as adopted in the Tustin
City Code.
(p) Division III of Appendix 12 is amended in its entirety to
read as follows:
"Sec. 1241. General. The provisions of this section.
apply to the design and construction of barriers for
swimming pools located on the premises of Group R,
Division 3 Occupancies.
Sec. 1242. Definitions. For the purpose of this
section, certain terms, words and phrases are defined as
follows:
ABOVEGROUND/ON-GROUND POOL. See definition of swimming
pool.
BARRIER is a fence, wall, building wall or a combination
thereof, which completely surrounds the swimming pool and
obstructs access to the swimming pool.
GRADE is the underlying surface such as earth or a
walking surface.
39
HOT TUB. See definition of swimming pool.
IN -GROUND POOL. See definition of swimming pool.
SPA, NON-PORTABLE. See definition of swimming pool.
SPA, PORTABLE is a nonpermanent structure intended for
recreational bathing, in which all controls, water
heating and water circulating equipment are an integral
part of the product and which is cord connected (not
permanently electrically wired).
SWIMMING POOL is any structure intended for swimming or
recreational bathing that contains water over twenty four
(24) inches deep. This includes in -ground, above -ground
and on -ground swimming pools, hot tubs and spas.
SWIMMING POOL, INDOOR, is a swimming pool which is
totally contained within a residential structure and
surrounded on all four (4) sides by .walls of said
structure.
SWIMMING POOL, OUTDOOR, is any swimming pool which 'is not
an indoor pool.
Requirements
Sec. 1243. (a) Outdoor Swimming Pool. An outdoor
swimming pool, including an in -ground, above -ground or
on -ground pool, hot tub or spa shall be provided with a
barrier which shall comply with the following:
1. The top of the barrier shall be at least sixty (60)
inches above grade measured on the side of the
barrier which faces away from the swimming pool.
The maximum vertical clearance between grade and
the bottom of the barrier shall be two (2) inches
measured on the side of the barrier which faces
away from the swimming pool. Where the top of the
pool structure is above grade, such as an
aboveground pool, the barrier may be at ground
level, such as the pool structure, or mounted on
top of the pool structure. Where the barrier is -
mounted on top of the pool structure, the maximum
vertical clearance between the top. of the pool
structure and the bottom of the barrier shall be
four ( 4 ) inches.
2. Openings in the barrier shall not allow passage of
a four -inch -diameter (411) sphere.
3. Solid barriers which do not have openings, such as
masonry or stone walls, shall not contain
indentations or protrusions except for tooled
masonry joints.
4. Where the barrier is composed of horizontal members
is less than forty five ( 4 5 ) inches, the horizontal
40
members shall be located on the swimming pool side
of the fence. Spacing between vertical members
shall not exceed one and three fourths (1 3/4)
inches in width. Where there are decorative
cutouts within vertical members, spacing within the
cutouts shall not exceed one and three fourths (1
3/4) inches in width.
5. Where the barrier is composed of horizontal and
vertical members and the distance between the tops
of the horizontal members is forty five (45) inches
or more, spacing between vertical members shall not
exceed four (4) inches. Where there are decorative
cutouts within vertical members, spacing within the
cutouts shall not exceed three fourths (3/4) inches
in width.
6. Maximum mesh size for chain link fences shall be a
one and one quarter inch (1-1/411) 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 fourths (1 3/j4) inches. The
wire shall not be less than nine (9) gauge.
1
7. Where the barrier is composed of diagonal members
shall be no more than one and three fourths (1 3/4)
inches.
8. Access gates shall comply with the requirements of
Items 1 through 7 and shall be equipped to
accommodate a locking device. Pedestrian -access
gates shall open outward away from the pool and
shall be self-closing and have a self -latching
device. 'Gates other than pedestrian access gates
shall have a self -latching device. Where the
release mechanism of the self -latching device is
located less than fifty four (54) inches from the
bottom of the gate, the release mechanism shall be
located on the pool side of the gate at least three
(3 ) inches below the top of the gate and the gate
and barrier shall have no opening greater than one
half (1/2) inch within eighteen (18) inches of the
release mechanism.
9. Where a wall of a dwelling serves as part of the
barrier, doors with direct access to the pool
through that wall shall be equipped with an alarm
which produces an audible warning when the door and
its screen, if present, are opened. The alarm
shall sound continuously for a minimum of thirty
(30) seconds immediately after the door is opened,
and be capable of being heard throughout the house
41
during normal household activities. The alarm
shall automatically reset under all conditions.
The alarm system shall be equipped with a manual
means, such as a touchpad or switch, to temporarily
deactivate the alarm for a single opening. Such
deactivation shall last for no more than 15
seconds. The deactivation switch shall be located
at least fifty four ( 54 ) inches above the threshold
of the door. Other means of protection, such as
self-closing doors with self -latching devices
approved by the building offical, shall be
acceptable so long as the degree of protection
afforded is not less than the protection afforded
by the alarm system described above.
EXCEPTIONS: The alarm m4y be deleted if a locking
device is installed fifty four (54) inches above
the walking surface and automatically engages when
closed, The alarm may be deleted when a fence of
not less than four (4) feet in height is provided
in addition to the perimeter barrier described in
this section. The additional fence must comply
with all 'perimeter fence criteria except for height
requirements.
• 10. Where an aboveground 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, then the ladder or steps shall be
capable of being secured, locked or removed to
prevent access or the ladder or steps shall be
surrounded by a barrier which meets the
requirements of Items 1 through 9. When the ladder
or steps are secured, locked or removed, any
opening created shall not allow the passage of a
four (4) inch diameter sphere.
(b) Indoor Swimming Pool. Doors with direct access to
an indoor swimming pool shall* comply with Section
1243(a)9.
(c) Withholding Approval. Plaster inspection or
approval to fill a pool or -spa with water shall be
withheld by the building official. until there has been
compliance with all fencing and other requirements of
this section."
(q) Section 5110, Chapter 51 of the Appendix, entitled
Permits -Certificate of Inspection, is amended to read as
follows:
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Oct 05 ,92 92 10 09 No -00
IMAGING TEL : 714-472-2780
INFINITE �« APPLICATION FOR BUILDING PERMIT
-- --)p APPLICANT:-,-P-LEW.. FILL IN SHADED AREA ONLY
USE INDELIBLE PENCIL, %ALL POINT PEN OR OTHER NON -
ERASABLE SUBSTANCE
CITY OF
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