The URL can be used to link to this page

Home My WebLink AboutORDINANCES - 07171984 - 84-33 ORDINANCE NO. 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 ) : SECTION I . Chapter 718-4 of the County Ordinance Code is amended, -- T07ncreaSe swimming pool fencing and provide atternatives , to read: CHAPTER 718-4 SWIMMING POOLS ARTICLE 718-4. 1 GENERAL 718-4.102 Findings_ The board of supervisors finds that there is an unusually large number of privately owned swimming pools within the unincorporated 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 51 : prior code §3500 : Ord 1421 . ) 718-4. 104 General . (a) All swimming pools in the unincor- porated area of this county shall be fenced with an approved fence as provided in this chapter . (b) The director of building inspection is authorized and directed to enforce and administer the provisions of this chapter . (c) Upon presentation of proper credentials the director of building inspection or his duly authorized representatives may enter at reasonable times any premises in the county to perform duties imposed on him by this chapter . (Ord. 84- 33 51 : prior code §3501 : Ord. 1421 . ) 718-4.106 Side_and_rear_yards_ Swimming pool shall be constructed so that there'shall be at least five feet between a f side lot line or a rear lot line and the swimming pool . (Ord. 84- 33—Si : prior code 55718-4. 008 , 3503 : Ord. 1421 . ) ARTICLE 718-4. 3 NEW POOLS 718-4. 302 Date. For any swimning pool constructed pursuant to a swimming pool permit issued after September_14__, 1984, an approved fence shall meet the requirements of this article. (Ord. 84- 3351 : See Div. 78. ) 718-4.304 Fencing. (a) Every person in possession of land within the unincorporated area of this county, either as owner , purchaser under contract , lessee, tenant , licensee, or otherwise, upon which land is. situated a swinming pool. shall maintain on the lot or premises upon which such pool is located, and completely surrounding such pool , a fence 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 gates . The fence shall be installed 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 . ORDINANCE NO. 84- 33 000038 W 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 51 . ) - 718-4. 306 Alternatives . After approval of the director of building inspection, one' of the following may be provided in lieu of the section- of the fence enclosure separating the dwelling house ( residence ) from the pool : (a) A safety-type pool cover , 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 51 . ) ARTICLE 718-4. 5 EXISTING POOLS 718-4 .502 Date. For any swimming pool constructed pursuant ---------- --- to a swimming pool- permit issued prior to September 15 -, 1984, an approved fence shall meet the requirements of this article. (84- 33 §1 : See Div. 78 . ) 718-4. 504 Fencing. (1 ) Every person in possession of land 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 gates ; 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 or 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 occupied by human beings and forming a part of the enclosure hereinabove required need not be so equipped, with the exception of breezeways, back doors of garages , and simi - lar structures , affording access 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 51 :prior code SS718-4.006 , 718-4.010 , 3502 :Ord. 1421 . ) -2- ORDINANCE NO. 84- 33 000039 718-4. 506 When not required. The fence required by this article-need-not be-erected or maintained when all of the following conditions exist : (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 a radius of two hundred fifty feet surrounding the pool does not exceed a - total of four residences , including 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- 3351 : prior code 55718-4.012 , 3505 : Ord. 1421 . ) 718-4. 508 Exceptions_ The director of building inspection may grant-an- exception to the requirements of this article' s fencing of a swimning pool when he is satisfied that there is a barrier existing on the premises by reason of vegetation, landscaping, or topography suitable to protect the pool and to protect children from straying into the pool . (Ord. 84-33 -S1 : prior code 55718-4. 014, 3506 : Ord. 1421 . ) ARTICLE 718-4.7 APPEALS 718-4. 702 Appeal . Any person dissatisfied with the decision of the director of building 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 . (Ord. 84-33-51 :prior code 55718-4.016, 3507 : Ord. 1421 . ) SECTION II . EFFECTIVE DATE. This ordinance becomes effective 60 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 ---------, a newspaper published in this County. -- PASSED and ADOPTED on July 17, 1984 , by the following ---------- vote: ----------- AYES: Supervisors - Powers, Fanden, Schroder, Torlakson. NOES : Supervisors - None. ABSENT: Supervisors - McPeak. ABSTAIN: Supervisors - None. ATTEST: J. R. OLSSON, County Clerk and ex offie'o Clerk of the Board r 12)z Deputy Diana M. Herman Chairman of the [SEAL] VJW:df (2-13-84) (2-21-84) (5-29-84) (7-10-84) -3- ORDINANCE NO. 84- 33 000040