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Home My WebLink About40-84 BEFORE THE CITY COUNCIL OF THE CITY OF DANVILLE In the Matter of: Adopting by Reference Chapter ) 718-4 of the Contra Costa ) ORDINANCE NO. 40-84 County Ordinance Code Which ) Regulates Swimming Pool ) Fencing and Provides Alterna- ) tive Safety Provisions ) ) The City Council of the City of Danville DOES ORDAIN AS FOLLOWS: SECTION 1. Adoption by Reference of County Ordinance Code Chaoter 718-4. Contra Costa County Ordinance Code Chapter 718-4, Swimming Pool Fencing Alternative Safety Provisions, attached as Exhibit A, is adopted by reference under the authority of Sections 50020 through 50022.9 of the Government Code of the State of California. This Chapter regulates swimming pool fencing and provides alternative safety provisions. SECTION 2. Reference to Officials and Offices. In the Ordinance Code of Contra Costa County as adopted by reference, the reference in that code to an office, official title, or other designation means the corresponding office, title, or designation in the governmental structure of the City, or if there is none, the official or title holder in the City who performs the function or duty referred to. SECTION 3. Effective Date. This ordinance takes effect 30 days after its adoption. SECTION 4. Publication. The City Clerk shall either (a) have this ordinance published once within 15 days after adoption in a newspaper of general circulation or (b) have a summary of this ordinance published twice in a newspaper of general circulation, once 5 days before its adoption and again within 15 days after adoption. The foregoing ordinance was introduced at a meeting of the City Council of the City of Danville held on October 15 ,1984, and was adopted and ordered published at a meeting of the Council held on ~ovembor 6 1984, by the following vote: AYES: Lane, May, Mc Neely, Offenhartz, Schlendorf NOES: None ABSENT: N~ne /~~//~J/zz~_~ /MAYOR ATTEST: · .J - - ORDINANCE 140. 84- 33 (Swimming Pool Fencing Increased) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code)z S£~FION I. Chapter 718-4 of the County Ordinance Code is amended, T~-[~Fease swinrnlng pool fencing and provide attarnatives, to readz CHAPTER 718-4 SWIMVlING POOLS ARTICLE 718-4.1 GENERAL 718-4.102 FindinKs- The board of supervisors finds that there is an unusu--~ly ~arge number of privately owned swimming pools within the unineorporatqd territory of this county, and that the maintenance of these pools without adequate protective measures constitutes a severe hazard to the safety of the inhabi- tants, and particularly to the small children of the county. (Ord. 84- 33.S1: prior code S3500: Ord 1421.) ....... 718-4.104 General. (a) All swimming pools in the unincor- ,~. , porated area of"~Ts-e~unty shall be fenced with an approved fence as provided in this chapter. (b) The director of building inspection is authorized and directed to enforce end administer the provisions of this chapter. (c) Upon presentation of proper credentials the director of ..... ~uil~ing t.~:pection or his-d'~!y nuthor!~d rsp-ese~tR!ives may enter at reasonable times any premises in the county to perform duties imposed on him by this chapter. (Ord. 84-3~3 SI: prior code S3501: Ord. 1421.) 718-4.106 Side and rear lards. Swimming pool shall be eons~c[ed-so th~-~'~-~ffalT-bg-at least five feet between a side lot line or a rear lot line and the swimming pool. (Ord. 84-33 Sl; prior code $S718-4.008, 3503: Ord. 1421.) ARTICLE 718o4.3 ICEW POOLS 718-4.302 Date. For any swimming pool constructed pursuant to a Swimming p~'~-permit issued after $e._q~tember 14 , 1984, an approved fence shall meet the requirements-~-th~-a'~ticle- (Ore. 84o33_jlz See Div. 78.) 718-4.304 Fencinj. (a) Every person in possession of land within the unin~0tporated area of this county, either as owner, purchaser under contract, lessee, tenant, l}censee, or otherwise, upon which land is situated a swimming pool shall maintain on the lot or premises upon which such pool is located, and completely surrounding suet pool, a fencs not les~ than four and one-half feet high, ~Lt.t~,openings, holes or ga~s therein no larger than four inches measured horizontally, e~empt for doors or gates. The fence shall be fr~stalled before the pool is put into use. (b) A building wall may be used as part of such fence enclo- sure where it is not a dwelling house (residence) wall with doors or other exit openings to the pool. ORDI~CE NO. 84- 33 · . EXHIBIT A (el All gates or doors opening through such fence enclosure shall be equipped with a self-closing and self-latching device designed to keep, and capable of keeping, such door or gate securely closed at all times when not in actual use, and such latching shall be placed at least four feet above the ground level, or otherwise made Inaccessible from the outside of the enclosure to small children. (Ord. 84- 33 Sl.) 718-4.306 Alternatives,, After approval of the director of building Inspection, one o~ the following may be provided In lieu of the section of the fence enclosure separating the dwelling house (residence) from the pool2 (a) A safety-type pool covert either manual or automa- tic, or a pool dome. (b) An alarm capable of detecting unauthorized entry into the pool which when activated emits a sound of sufficient volume to be heard in the dwelling. (c) An audible alarm(s) on all exits of the dwelling opening to the pool. ~- · (d) Self-closing and self-latching devices on all exits from the dwelling opening to the pool. (Ord. 84- 33 $1.) ARTICLE 718-4.5 EXISTING POOLS 718-4.502 Date. For any swimming pool constructed pursuant to a' swimming pool permit issued prior to $ep~embec_.15 ...... , 1984, an approved fence shall meet the requirements. of this -''tie. data (84- 33 S1: See Div. 78.) 718-4.504 Fene~: (1) Every person in possession of lend within the unincorporated area of this county, either as owner, purchaser under contract, lessee, tenant, licensee, or otherwise, upon which land is situated a swimming pool or other out-of-doors body of water designed, constructed, and used for swimming, dipping, or immersion purposes by men, women, or children, having a depth in excess of eighteen inches, or with a surface area exceeding two hundred fifty square feet, shall maintain on the lot or premises upon which such pool or body of water is located, and completely surrounding such pool or body of water, a fence or wall not less than four and one-half feet high, with openings, holes, or gaps therein no larger than four inches measured horizontally, except for doors or gatesl provided, however, that a dwelling house or accessory building may be used as a part of such enclo- sure. The fence shall be installed before the pool is put in use. (2) All gates o? doors opening through such enclosure shall be equipped with a self-closing and self-latching device designed to keep, and capable of keeping, such door or gate securely closed at all times when not In actual use; provided, however, that the door of any dwelling oc,~upied r~y human beings and forming a part of the enclosure herein,shove required need not bc so equipped, with the exception of br¢~zewayr, back doors c.f garage~, and simi- lar structures, affording acces~ to the pool, which shall be self- closing and self-latching, with such latching placed at least four feet above the ground level, or otherwise made inaccessible from the outside to small children. (Ord. 84-33 $1:prior code $S718-.4.006, 718-4.010, 3502~Ord. 1421.) -2- ORDINANCE NO. 84- 33 I --.... 7]8-4.506 Wllen not required. The fence required by this art icTe-need-not--Ee-ere~[~-~-~alntalned when all of the tollowing conditlen~ ezlatl (1) The lot is not smaller than twenty thousand square feet, not including any area within the lines of a public road; (2) The density of residential development within e radius of two hundred fifty feet surrounding the pool does not exceed a I total of four residences, inc;luding the residence with the pool; (3) The pool Is not within three hundred feet of a public school, private school, or public playground; (4) The pool is not within fifty-five feet of an inhabited dwelling on adjacent property[ (Ord. 84-3_~.3 $1: prior code S$718-4.012, 3505z Ord. 1421.) 718-4.508 £xeeptlons. The director of building Inspection may grant an exeep{Ton-To-the requirements of this article's fencing of a swimming pool when he is satisfied that there is a barrier existing on the premises by reason of vegetation, leodseaping, or topography suitable to protect the pool and to protect children from straying into the pool. (Ord. 84-33 $1: prior code $S718-4.014, 3506: Ord. 1421.) ..... , - AJ~TICLE 718-4.7 APP~_S ?18-4.702 ApBeal. Any person dissatisfied with the decision of t~ director of-b~ilding inspection in his application of his chapter may submit an appeal of such decision to the planning com- mission. The method of appeal shall be as described in Chapter 26-2. (nrd. ~4-~ ~l:prior code ~S718-4.016, 3507: Ord. 1421.) SECTION II. EFFECTIVE DAT£. This ordinance becomes effective _ days after passage, and Within 15 days after passage shall be published once with the names of supervisors voting for and against it in the CONTRA COSTA TIMES published in this County. , a newspaper PASSED and RJDC)PTED on July 17, ]984 vote: , by the following AYBS= Supervisors - Powers, Fahden, Schroder, Torlakson. NOES: Supervisors - None. ABSENT: Supervisors - McPeak. tLBSTAIN: Supervisors - None. A3~TEST: J. R. OLSSON, County Clerk and ex officio Clerk of the Boar'd puzy Diana M. Herman ~h'gTT~g~-~-¥~;-~gTa .... [s~] VJW~df (2-13-84) (2-21-84) (5-29-84) (7-10-84) --3-- ORDINANCE NO. 84- 33 J