Ord 526ORDINANCE NO. 526
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
RESCINDING CHAPTERS 15.02, 15.04, 15.08, 15.12, 15.18, AND 8.52,
ARTICLE II OF THE POWAY MUNICIPAL CODE AND ADOPTING
NEW CHAPTERS 15.02, 15.04 15.08, 15.12, 15.16 AND 8.52, ARTICLE II
REGARDING THE UNIFORM ADMINISTRATIVE CODE, 1997 EDITION;
UNIFORM BUILDING CODE, 1997 EDITION; NATIONAL ELECTRICAL CODE,
1996 EDITION; UNIFORM PLUMBING CODE, 1997 EDITION; UNIFORM MECHANICAL
CODE, 1997 EDITION; AND SWIMMING POOL FENCING REGULATIONS
WHEREAS, on June 27, 2000, the City Council of the City of Poway held a public
hearing to hear the pros and cons of this proposed ordinance; and
WHEREAS, the City of Poway last revised its construction codes in 1997; and
WHEREAS, the Governor of the State of California signed Assembly Bill 3305 on
September 25, 1996 establishing the Swimming Pool Safety Act by adding Section 115920
to the Health and Safety Code establishing mandatory state wide pool fencing
requirements; and
WHEREAS, the City Council finds that the modifications and changes to the Uniform
Codes are reasonably necessary because of the following climatic, geologic, and
topographical conditions:
1. The City is situated in hilly, inland terrain. Approximately 50% is wildland for
fire purposes, covered by native vegetation on steep and frequently inaccessible hillsides.
The native ground cover are highly combustible grasses, dense brush, and chaparral.
Natural fire breaks in these areas are insignificant.
2. Our climate is warm and dry. The winds prevail from the west. However,
seasonal strong dry east winds are variable in duration and intensity. These winds can
significantly enlarge a wildland fire as well as cause abrupt and unpredictable changes in
fire direction. Temperatures ranging between 75 and 100 degrees Fahrenheit are common
throughout the year.
3. The potential for fire damage is great in the wildland area and as such, a fire
can spread rapidly and response time can be slowed by difficult terrain and explosive
vegetation.
4. Our rural road system includes narrow, winding roadways, often with grades
in excess of that necessary for optimal response time for large fire apparatus. An
additional factor affecting response time is the distance between the two fire stations and
the fire location.
Ordinance No. 526
Page 2
5. The rural water supply is limited, making it necessary for fire apparatus to
travel time-consuming distances to obtain additional water once their initial water supply
has been utilized.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
Section 1: The City Council of the City of Poway finds that this project is exempt
from the provisions of the California Environmental Quality Act pursuant to Section
15061(b)(3) because it entails adoption of state mandated building codes with minor
amendments and will not have a significant effect on the environment.
Section 2: The City Council of the City of Poway hereby:
A. Rescinds Chapters 15.02, 15.04, 15.08, 15.12, 15.16 and 8.52, Article II of
the Poway Municipal Code; and
B. Adopts new Chapters 15.02, 15.04, 15.08, 15.12, 15.16 and 8.52, Article II
of the Poway Municipal Code to read as follows.
Cha_oter 15.02
UNIFORM ADMINISTRATIVE CODE
Sections:
15.02.010
15.02.020
15.02.030
15.02.040
15.02.050
15.02.060
15.O2.070
15.02.080
15.02.090
15.02.100
15.02.110
15.02.120
15.02.130
Adoption.
Deletions, revisions and additions.
Section 102.2 amended.
Section 102.6 amended
Section 202.11 added.
Section 204.1 amended.
Section 206 added.
Section 301.1 amended.
Section 304 amended.
Section 305.2.1 added.
Section 305.5 amended.
Section 309.3 amended.
Tables No. 3-A through No. 3-H deleted.
Ordinance No. 526
Page 3
15.02.010 Adoption of Uniform Administrative Code. There is adopted as the
City Administrative Code for the purpose of prescribing administrative and enforcement
provisions for certain technical codes, the Uniform Administrative Code, 1997 Edition,
promulgated and published by the International Conference of Building Officials, 5360
South Workman Mill Road, Whittier, California 90601, including such provisions as are
hereinafter added, deleted, or amended.
15.02.020 Deletions, Revisions and Additions to Uniform Administrative Code.
Deletions, revisions and additions to the Uniform Administrative Code, 1997 Edition, shall
be as set forth in Sections 15.02.030 through 15.02.130.
15.02.030 Section 102.2 Amended. Section 102.2 of the Uniform Administrative
Code, 1997 Edition, is amended by adding the following sentence to the end of the fourth
paragraph:
The installation of wood shingle or shake roofing material shall be prohibited. All
roof coverings shall be fire retardant with a minimum of a Class A rating. EXCEPTION:
The installation of wood shingle or shake roofing material for re-roofing or repair which
does not exceed 25 percent of the project roof area within any 12 month period shall be
allowed when the material has a minimum Class B rating.
15.02.040 Section 102.6 Amended. Section 102.6 of the Uniform Administrative
Code, 1997 Edition, is amended by adding the following:
Moving of apartment houses and dwellings. For clarification purposes, the
applicable subsections of Health and Safety Code Section 17958.9 are repeated:
17958.9 Local ordinances or regulations governing the moving of apartment
houses and dwellings shall, after July 1, 1978, permit the retention of existing
materials and methods of construction so long as the apartment house or
dwelling complies with the building standards for foundation applicable to
new construction, and does not become or continue to be a substandard
building.
15.02.050 Section 202.11 Added. Section 202.11 of the Uniform Administrative
Code, 1997 Edition, is added to read as follows:
202.11 Permit History Survey. Upon receipt of a written request from the owner
of a parcel of property for a Permit History Survey, and the payment of the fee specified
in a resolution duly adopted by the City Council, the Building Official may review City
Ordinance No. 526
Page 4
records and provide a report listing those building, plumbing, electrical and mechanical
permits that have been issued for that specific parcel of property.
15.02.060 Section 204.1 Amended. Section 204.1 of the Uniform Administrative
Code, 1997 Edition, is amended to read as follows:
204.1 General. In order to hear and decide appeals of orders, decisions or
determinations made by the Building Official relative to the application and interpretations
of the technical codes, the City Council shall serve as the Appeals Board in accordance
with the Administrative Appeal Procedure, Chapter 2.20 of the City of Poway Municipal
Code.
15.02.070 Section 206 Added. Section 206 of the Uniform Administrative Code,
1997 Edition, is added to read as follows:
Section 206 Public Nuisance. Any building or structure erected, constructed,
enlarged, altered, repaired, moved, improved, removed, converted, or demolished,
equipped, used, occupied, or maintained contrary to the provisions of this code shall be
and the same is hereby declared to be unlawful and a public nuisance. The City Attorney
may commence necessary proceedings for the abatement, removal and/or enjoinment of
any such public nuisance in the manner provided by law. Any failure, refusal or neglect
to obtain a permit as required by Chapter 3 of this code shall be prima facie evidence of
the fact that a public nuisance has been committed in connection with the erection,
construction, enlargement, alteration, repair, movement, improvement, removal, conversion
or demolition, equipment, use, occupation, or maintenance of a building or structure
erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted
or demolished, used, occupied, or maintained contrary to the provisions of this code or the
technical codes.
15.02.080 Section 301.1 Amended. Section 301.1 of the Uniform Administrative
Code, 1997 Edition, is amended by adding the following:
Permits shall not be issued for construction on a site where the City Engineer
determines that a grading permit or public improvements are required until the City
Engineer or his/her representative notifies the Building Official in writing that the grading
or public improvements work has been satisfactorily completed to allow building permits
to be issued. Permits shall not be issued if the City Engineer determines that flooding or
geologic conditions at the site may endanger the public safety or welfare.
Ordinance No. 526
Page 5
15.02.090 Section 304 Amended. Section 304 ofthe Uniform Administrative Code,
1997 Edition, is amended to read as follows:
SECTION 304--FEES
304.1 General. Fees shall be assessed as set forth in a resolution duly adopted by
the City Council.
304.2 Permit Fees. The fee for each permit shall be as set forth in a resolution
duly adopted by the City Council.
The determination of value or valuation under any of the provisions of these codes
shall be made by the Building Official. The value to be used in computing the building
permit and building plan review fees shall be the total value of all construction work for
which the permit is issued as well as all finish work, painting, rooting, electrical, plumbing,
heating, air-conditioning, elevators, tire-extinguishing systems and other permanent
equipment. The permit fees for those projects subject to State energy code compliance
and/or State disabled access regulation compliance shall be as set forth in a resolution
duly adopted by the City Council.
304.3 Plan Review Fees. When submittal documents are required by Section
302.2, a plan review fee shall be paid at the time of submitting the submittal documents for
plan review. Said plan review fee shall be 65 percent of the building permit fee shown in
a resolution duly adopted by the City Council. The plan review fees for electrical,
mechanical and plumbing work shall be equal to 25 percent of the total permit fee set forth
in a resolution duly adopted by the City Council. The plan review fees for State energy
code compliance and/or State disabled access regulation compliance shall be as set forth
in a resolution duly adopted by the City Council. The plan review fees specified in this
section are separate fees from the permit fees specified in Section 304.2 and are in
addition to the permit fees.
When submittal documents are incomplete or changed so as to require additional
plan review or when the project involves deferred submittal items as defined in Section
302.4.2, an additional plan review fee shall be charged at the rate shown in a resolution
duly adopted by the City Council.
304.4 Expiration of Plan Review. Applications for which no permit is issued within
one year following the date of application shall expire by limitation, and plans and other
data submitted for review may thereafter be returned to the applicant or destroyed by the
Building Official. In order to renew action on an application after expiration, the applicant
shall resubmit plans and pay a new plan check fee.
Ordinance No. 526
Page 6
304.5 Investigation Fees: Work without a Permit.
304.5.1 Investigation. Whenever work for which a permit is required by this code
has been commenced without first obtaining a permit, a special investigation shall be made
before a permit may be issued for such work.
304.5.2 Fee. An investigation fee, in addition to the permit fee, shall be equal to the
amount of the permit fee required by this code. The minimum investigation fee shall be the
same as the minimum permit fee set forth in a resolution duly adopted by the City Council.
The payment of such investigation fee shall not exempt an applicant from compliance with
all other provisions of either this code or the technical codes nor from any penalty
prescribed by law.
304.6 Fee Refunds. The Building Official may authorize refunding of a fee paid
hereunder which was erroneously paid or collected.
The Building Official may authorize refunding of not more than 80 percent of the
permit fee paid when no work has been done under a permit issued in accordance with this
code.
The Building Official may authorize refunding of not more than 80 percent of the
plan review fee paid when an application for a permit for which a plan review fee has been
paid has been withdrawn or canceled before any examination time has been expended.
The Building Official shall not authorize the refunding of any fee paid except upon
written application filed by the original permittee not later than 180 days after the date of
fee payment.
304.7 Permit History Survey Fee. The fee for conducting a permit history survey
of an existing structure or facility shall be the fee as set forth in a resolution duly adopted
by the City Council.
304.8 Demolition Permit Fee. The fee for a permit to demolish a building shall be
as set forth in a resolution duly adopted by the City Council.
304.9 Fee Exceptions. The Government ofthe United States of America, the State
of California, local school districts proposing work exempt from building permits, the County
of San Diego, and the City of Poway shall not be required to pay any fees for filing an
application for a building permit pursuant to this code unless City plan review and
inspection services are requested. If so requested, the fee schedules adopted in a
resolution by the City Council shall apply.
Ordinance No. 526
Page 7
15.02.100 Section 305.2.1 Added. Section 305.2.1 of the Uniform Administrative
Code, 1997 Edition, is added to read as follows:
305.2.1 Circuit Cards. A complete schedule of circuits, showing the number and
arrangement of outlets on each circuit, shall be posted at the service equipment location
prior to requesting inspection of rough electrical wiring. Circuit cards furnished by the
Building Official shall be used for this purpose. In lieu of a circuit card, an approved wiring
plan may be used.
15.02.110 Section 305.5 Amended. Section 305.5 of the Uniform Administrative
Code, 1997 Edition, is amended by adding a new number 5 under Required Building
Inspections and renumbering the original number 5 to read number 6 as follows:
5. Intermediate roofing inspection. An intermediate roofing inspection to be
made when the roof covering is approximately 50% installed to verify fastening and
undedayment requirements of the roof covering assembly.
6. Final inspection. To be made after finish grading and the building is completed
and ready for occupancy.
15.02.120 Section 309.3 Amended. Section 309.3 of the Uniform Administrative
Code, 1997 Edition, is amended to read as follows:
309.3 Certificate Issued. After final inspection where the Building Official has
inspected the building or structure and has found no violations of the provisions of this
code or other laws which are enforced by the Building Division, the Building Official shall
indicate approval on the Inspection Record Card, and the signed Inspection Record Card
shall serve as the Certificate of Occupancy.
15.02.130 Tables No. 3-A through No. 3-H Deleted. Tables No. 3-A, No. 3-B, No.
3-C, No. 3-D, No. 3-E, No. 3-F, No. 3-G and No. 3-H of the Uniform Administrative Code,
1997 Edition, are deleted.
ChaPter 15.04
BUILDING CODE
Sections:
15.04.010 Adoption.
15.04.020 Findings.
-- Ordinance No. 526
Page 8
15.04.030
15.04.040
15.04.050
15.04.060
Deletions, revisions and additions.
Chapter 1, deleted.
Section 1503 amended.
Appendices Chapter 3/Division I, Chapter 3/Division III, Chapter
4, Chapter 9, Chapter 10, Chapter 11, Chapter 12/Division I,
Chapter 13, Chapter '16, Chapter '19, Chapter 2'1, Chapter 23,
Chapter 29, Chapter 30, Chapter 31/Division I, Chapter 33 and
Chapter 34 deleted.
15.04.010 Adoption of the California Buildincj Code, Part 2, Title 24 of the
California Code of Regulations. There is adopted and incorporated by reference herein
as the City Building Code for the purpose of prescribing regulations in the City of Poway
for the erection, construction, enlargement, alteration, repair, moving, removal, conversion,
demolition, occupancy, equipment, use, height, area, and maintenance of buildings and
structures, the California Building Code, Part 2, Title 24 of the California Code of
Regulations, a portion of the California Building Standards Code, as defined in the
California State Health and Safety Code, Section 18901 et seq. and any rules and
regulations promulgated pursuant thereto, including the Uniform Building Code, 1997
Edition, as referenced and adopted pursuant to California State Health and Safety Code,
Sections 17922 and 18938 and those Appendix Chapters not shown as deleted by this
Chapter. Except as otherwise provided by this Chapter and Chapter 15.02 of the City of
Poway Municipal Code, all erection, construction, enlargement, alteration, repair, moving,
removal, conversion, demolition, occupancy, equipment, use, height, area and
maintenance of buildings and structures within the City of Poway shall be in conformance
with California State Code and any rules and regulations promulgated pursuant thereto,
including the Uniform Building Code and the adopted Appendix chapters, 1997 Edition,
published by the International Conference of Building Officials, 5360 South Workman Mill
Road, Whittier, California 90601.
15.04.020 Findings. The City of Poway has many large brush-covered hillsides.
The City is subject to frequent Santa Ana conditions consisting of dry gusting winds, which
create extreme fire dangers. The City Council specifically finds that these geographic and
topographic conditions necessitate greater fire protection than that provided by the State
Building Code and the Uniform Building Code, 1997 Edition. Therefore, this chapter has
altered the Uniform Building Code, 1997 Edition, to require more fire retardant roof
coverings.
15.04.030 Deletions, revisions and additions to the State Buildinq Code and
the Uniform Building Code, 1997 Edition. Deletions, revisions and additions to the State
Building Code and the Uniform Building Code, 1997 Edition, shall be as set forth in
Sections 15.04.040 through 15.04.60.
Ordinance No. 526
Page 9
15.04.040 Chapter 1, ADMINISTRATION, Deleted. Chapter 1, ADMINISTRATION,
of the Uniform Building Code, 1997 Edition, is deleted with the exception of those sections
mandated in the State of California Matrix Adoption Tables to be enforced by the local
Building Official.
15.04.050 Section 1503 Amended. Section 1503 of the State Building Code and
the Uniform Building Code, 1997 Edition, is amended to read as follows:
Section 1503 Roof Covering Requirements. The roof covering on any structure
regulated by this code shall be as specified in Table 15-A and as classified in Section
1504, except that all roof coverings shall be a roof classification no less than Class A roof
covering. No wood roof coverings shall be permitted.
EXCEPTION: 1. The installation of wood shingle or shake roofing material for
reroofing or repair which does not exceed 25 percent of the project roof area within any 12
month period shall be allowed when the material has a minimum Class B rating.
Roofing shall be secured or fastened to the supporting roof construction and shall
provide weather protection for the building at the roof.
15.04.060 Appendices ChaPter 3/Division I. Cha~)ter 3/Division III. Chapter 4.
Chapter 9, Chapter 10, Chapter 11, Chapter 12/Division I, Chapter 13, Chapter 16,
Chapter 19, Chapter 21, Chapter 23, Chapter 29, Chapter 30, Chapter 31/Division I,
Chapter 33 and Cha_oter 34. Appendix Chapters 3/Division I, 3/Division III, 4, 9, 10, 11,
12/Division I, 13,16, 19, 21,23, 29, 30, 31/Division I, 33 and 34 of the State Building Code
and the Uniform Building Code, 1997 Edition, are deleted.
Chapter 15.08
ELECTRICAL CODE
Sections:
15.08.010
15.08.020
15.08.030
15.08.040
Adoption.
Deletions, revisions and additions.
Section 384-3(f) amended.
Chapter 8 deleted.
15.08.010 Ado_orion of the California Electrical Code, Part 3, Title 24 of the
Ordinance No. 526
Page 10
California Code of Regulations. There is adopted and incorporated by reference herein
as the city electrical code for the purpose of prescribing regulations in the City of Poway
for the installation, alteration or repair of electrical systems and permit requirements and
inspection thereof, the California Electrical Code, Part 3, Title 24 of the California Code of
Regulations, a portion of the California Building Standards Code, as defined in the
California Health and Safety Code, Section 18901 et seq. and any rules and regulations
promulgated pursuant thereto, including the National Electrical Code, 1996 Edition, as
referenced and adopted pursuant to California Health and Safety Code, Sections 17922
and 18938. Except as otherwise provided by this Chapter and Chapter 15.02 of the City
of Poway Municipal Code, all installation, alteration or repair of electrical systems within
the City of Poway shall be in conformance with California State Code and any rules and
regulations promulgated pursuant thereto, including the National Electrical Code, 1996
Edition, published by the National Fire Protection Association, Battery march Park, Quincy,
Massachusetts, 02269.
15.08.020 Deletions. revisions and additions to the State Electrical Code and
the National Electrical Code, 1996 Edition. Deletions, revisions and additions to the
State Electrical Code and the National Electrical Code, 1996 Edition, shall be as set forth
in Sections 15.08.030 and 15.08.040.
15.08.030 Section 384-3(fi Amended. Section 384-3(f) ofthe State Electrical Code
and the National Electrical Code, 1996 Edition, is amended to read as follows:
(f) Phase Arrangement. The phase arrangement on 3-phase buses shall be A, B,
C from front to back, top to bottom, or left to right, as viewed from the front of the
switchboard or panelboard. The C phase shall be that phase having the higher voltage to
ground on 3-phase, 4-wire delta-connected systems. Other busbar arrangements shall be
permitted for additions to existing installations and shall be marked.
15.08.040 Chapter 8 Deleted. Chapter 8 (Articles 800, 810 and 820) of the State
Electrical Code and the National Electrical Code, 1996 Edition, is deleted.
Chapter 15.12
PLUMBING CODE
Sections:
15.12.010
15.12.020
15.12.030
Adoption
Deletions
Chapter 1 deleted.
Ordinance No. 526
Page 11
15.12.040 Appendices A, C, D, E, F, G and J deleted.
15.12.010 Adoption of the California Plumbing Code, Part 5, Title 24 of the
California Code of Regulations. There is adopted and incorporated by reference herein
as the city plumbing code for the purpose of prescribing regulations in the City of Poway
for the construction, alteration, moving, demolition, repair and use of all plumbing, gas or
drainage piping and systems or water heating or treating equipment in or on any building
or structure or outdoors on any premises or property, the California Plumbing Code, Part
5, Title 24 of the California Code of Regulations, a portion of the California Building
Standards Code, as defined in the California Health and Safety Code, Section 18901 et
seq. and any rules and regulations adopted pursuant to California Health and Safety Code,
Sections 17922 and 18938. Except as otherwise provided by this Chapter and Chapter
15.02 of the City of Poway Municipal Code, all construction, alteration, moving, demolition,
repair and use of all plumbing, gas or drainage piping and systems or water heating or
treating equipment within the City of Poway shall be in conformance with California State
Code and any rules and regulations promulgated pursuant thereto, including the Uniform
Plumbing Code, 1997 Edition, published by the International Association of Plumbing and
Mechanical Officials, 20001 Walnut Drive South, Walnut, California, 91789-2825.
15.12.020 Deletions to the State Plumbing Code and the Uniform Plumbing
Code, 1997 Edition. Deletions to the State Plumbing Code and the Uniform Plumbing
Code, 1997 Edition, shall be as set forth in Sections 15.12.030 and 15.12.040.
15.12.030 Chapter 1 -- ADMINISTRATION Deleted. Chapter 1 --
ADMINISTRATION of the Uniform Plumbing Code, 1997 Edition, is deleted with the
exception of those sections mandated in the State of California Matrix Adoption Tables to
be enforced by the local Building Official.
15.12.040 Appendices A, C, D, E, F, G and J Deleted. Appendices A, C, D, E, F,
G and J of the State Plumbing Code and the Uniform Plumbing Code, 1997 Edition, are
deleted. Appendix Chapter G-A of the Building Standards Commission amended State
Plumbing Code shall remain in effect as written.
Chapter 15.16
MECHANICAL CODE
Sections:
15.16.010 Adoption.
15.16.020 Deletions.
Ordinance No. 526
Page 12
15.16.030 Chapter 1 deleted.
15.16.040 Appendices B and C deleted.
15.16.010 Adoption of the California Mechanical Code, Part 4, Title 24 of the
California Code of Requlations. There is adopted and incorporated by reference herein
as the city mechanical code for the purpose of prescribing regulations in the City of Poway
for the erection, installation, alteration, repair, relocation, replacement, addition to, use or
maintenance of any heating, ventilating, cooling, refrigeration systems, incinerators or other
miscellaneous heat-producing appliances, the California Mechanical Code, Part 4, Title
24 of the California Code of Regulations, a portion of the California Building Standards
Code, as defined in the California Health and Safety Code, Section 18901 et seq. and any
rules and regulations promulgated pursuant thereto, including the Uniform Mechanical
Code, 1997 Edition, as referenced and adopted pursuant to California Health and Safety
Code, Sections 17922 and 18938. Except as otherwise provided by this Chapter and
Chapter 15.02 of the City of Poway Municipal Code, all erection, installation, alteration,
repair, relocation, replacement, addition to, use or maintenance of any heating, ventilating,
cooling, refrigeration systems, incinerators or other miscellaneous heat-producing
appliances shall be in conformance with California State Code and any rules and
regulations promulgated pursuant thereto, including the Uniform Mechanical Code, 1997
Edition, published by the International Conference of Building Officials, 5360 Workman Mill
Road, Whittier, California, 90601.
15.16.020 Deletions to the State Mechanical Code and the Uniform Mechanical
Code, 1997 Edition. Deletions to the State Mechanical Code and the Uniform Mechanical
Code, 1997 Edition, shall be as set forth in Sections 15.16.030 and 15.16.040.
15.16.030 Chapter 1 -- ADMINISTRATION, Deleted. Chapter 1 --
ADMINISTRATION, of the Uniform Mechanical Code, 1997 Edition, is deleted, with the
exception of those sections mandated in the State of California Matrix Adoption Tables to
be enforced by the local Building official.
15.16.040 Appendices B and C Deleted. Appendix Chapters B and C of the
Uniform Mechanical Code, 1997 Edition, are deleted.
Chapter 8.52/Article II
SWIMMING POOL FENCING
Sections:
8.52.050 Adoption.
Ordinance No. 526
Page 13
8.52.060
8,52.070
8.52.080
8.52.090
8.52.1 O0
8.52.110
Definitions.
Outdoor Swimming Pool Requirements.
Indoor Swimming Pool Requirements.
Final Plaster Coat Placement.
Enforcement Responsibility.
Violation -- Penalty.
8.52.050 Adoption of Swimming Pool, Spa and Hot Tub Fencing Regulations.
There is hereby adopted as the city swimming pool, spa and hot tub fencing code for the
purpose of prescribing regulations in the City of Poway for the construction, alteration,
moving, demolition, repair and use of all swimming pool, spa and hot tub fencing the
following regulations as set forth in Sections 8.52.060, 8.52.070, 8.52.080, 8.52.090,
8.52.100 and 8.52.110.
8.52.060 Definitions. For the purpose of this Section, certain terms, words and
phrases are defined as follows:
Above-ground/On-ground pool. See definition of a swimming pool.
Approved safety pool cover is 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.
Barrier is a fence, wall, building wall or a combination thereof, which completely
surrounds the swimming pool and obstructs access to the swimming pool.
Enclosure is fence, wall, or other barrier that isolates a swimming pool from access
to a home.
Exit Alarms are devices that make audible, continuous alarm sounds when any
door or window, that permits access from a residence to a 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.
Grade is the underlying surface such as earth or a walking surface.
Hot Tub. See definition of swimming pool.
Public swimming pool is 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.
Ordinance No. 526
Page 14
Public swimming pool does not include a swimming pool located on the grounds of a
private single-family home.
Spa. See definition of a swimming pool.
Swimming Pool is any structure intended for swimming or recreational bathing that
contains water over 18 inches deep. This includes, but is not limited to, in-ground, above-
ground and on-ground swimming pools, hot tubs and spas, portable spas, and
nonportable wading pools.
Swimming Pool, Indoor is a swimming pool which is totally contained 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 indoor pool.
8.52.070 Outdoor Swimming Pool Requirements.
Outdoor Swimming Pool. An outdoor swimming pool, including an in-ground,
above-ground or on-ground pool, hot tub or spa, portable spa and nonportable wading pool
shall be provided with a barrier and an enclosure which shall comply with the following:
1. The top of the barrier or enclosure shall be at least 60 inches above grade
measured on the side of the barrier which faces away from the swimming pool and shall
be constructed to withstand the forces outlined in the Uniform Building Code. The
maximum vertical clearance between grade and the bottom of the barrier or enclosure shall
be 4 inches measured to a hard surface, such as concrete, or 2 inches to earth. This
measurement shall be taken on the side of the barrier or enclosure which faces away from
the swimming pool. Where the top of the pool structure is above grade, such as an above-
ground pool, the barrier or enclosure may be at ground level, such as the pool structure,
or mounted on top of the pool structure. Where the barrier or enclosure is mounted on top
of the pool structure, the maximum vertical clearance between the top of the pool structure
and bottom of the barrier or enclosure shall be 4 inches.
2. Openings in the barrier or enclosure shall not allow passage of a 4-inch diameter
sphere.
3. Solid barriers or enclosures which do not have openings, such as masonry or
stone walls, shall not contain indentations or protrusions except for tooled masonry joints.
Ordinance No. 526
Page 15
4. Where the barrier or enclosure is composed of horizontal and vertical members
and the distance between the tops of the horizontal members is less than 45 inches, the
horizontal members shall be located on the swimming pool side of the barrier or enclosure.
Spacing between vertical members shall not exceed 2 inches in width. Where there are
decorative cutouts within vertical members, spacing within the cutouts shall not exceed 2
inches in width.
5. Where the barder or enclosure is composed of horizontal and vertical members
and the distance between the tops of the horizontal members is 45 inches or more,
spacing between vertical members shall not exceed 4 inches. Where there are decorative
cutouts within vertical members, spacing within the cutouts shall not exceed 2 inches in
width.
6. Maximum mesh size for chain link fences shall be a 2-inch square. The wire
shall not be less than 11-1/2 gauge. The 2 inch square is a nominal dimension and is
intended to include standard chain link fencing fabric within construction tolerances.
7. Where the barrier or enclosure is composed of diagonal members, such as a
lattice fence, the maximum opening formed by the diagonal members shall be no more
than 2 inches square.
8. Access gates shall comply with the requirements of items 1 through 7 and shall
be equipped to accommodate a locking device no less than 54 inches above grade.
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 comply
with the requirements of items 1 through 7 and shall be equipped with a locking device.
9. The required enclosure isolating a swimming pool from a house may be a barrier
or enclosure complying with items 1 through 8 above or may consist of at least one of the
following safety features:
(a) The pool shall be equipped with an approved safety pool cover.
(b) The residence shall be equipped with exit alarms on those doors providing
direct access to the pool.
(c) 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.
(d) 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 (c), inclusive, as determined by the Director of Development Services.
Ordinance No, 526
Page 16
The safety features listed in (a) through (d) above may not substitute for the
required barrier around the perimeter of the pool but only for the enclosure
required between the house and the swimming pool.
10. Where an above-ground pool structure is used as a barrier or enclosure or
where the barrier or enclosure 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 removed to prevent access or (2) the ladder or steps shall be surrounded with
a barrier which meets the requirements of items 1 through 8. When the ladder or steps are
secured, locked or removed, any opening created shall not allow the passage of a 4-inch
diameter sphere.
11. Hot tubs and spas located outdoors and not exceeding 64 square feet may
have locking dgid pool covers that comply with the American Society for Testing Materials-
Emergency Performance Specification (ASTM-ES 13-89) in lieu of the barriers and
enclosures required by this section.
12. Where unusual circumstances exist that make strict enforcement of this
section impractical, the Director of Development Services may grant modifications for
individual cases as allowed for in Section 106 of the Uniform Administrative Code, 1997
Edition, as adopted by Chapter 15.02 of the City of Poway Municipal Code.
8.52.080 Indoor Swimminq Pool Reauirements.
Indoor Swimming Pool. An indoor swimming pool, including an in-ground, above-
ground or on-ground pool, hot tub or spa, portable spa and non-portable wading pool which
is completely contained within the walls of a building shall comply with the enclosure safety
requirements found in Section 8.52.070, Number 9.
EXCEPTION: Hot tubs and spas located indoors and not exceeding 64 square
feet may have locking rigid pool covers that comply with the American Society for Testing
Materials-Emergency Performance Specification (ASTM-ES 13-89) in lieu of the enclosure
safety requirements specified above.
8.52.090 Final Plaster Coat Placement
Placement of the final plaster coat in any swimming pool shall not be permitted until
all fencing, barriers, enclosures and related safety features are installed and inspected.
Ordinance No. 526
Page 17
8.52.100 Enforcement Responsibility.
The provisions of Chapter 8.52/Article II shall be enforced by the Director of
Development Services or his/her designated representative.
8.52.110 Violation--Penalty.
A. Any swimming pool, as defined herein, erected, constructed, or altered after the
effective date of this ordinance that is not in conformance with these regulations shall be
considered unlawful and a public nuisance, and any failure, refusal or neglect to install the
required fencing, barriers, enclosures and related safety features shall be prima facie
evidence of the fact that a nuisance has been committed in connection with the erection,
construction, or alteration of any swimming pool erected, constructed or altered contrary
to the provisions of this chapter. The City Attorney may immediately commence necessary
proceedings for the abatement, removal and/or enjoinment thereof in the manner provided
by law.
B. All of the remedies provided for in this chapter shall be cumulative and not
inclusive.
C. Each person, firm or corporation found guilty of a violation shall be deemed guilty
of a separate offense for every day during any portion of which any violation of any
provision of this chapter is committed, continued or permitted by such person, firm or
corporation and shall be punishable therefor as provided for in this chapter, and any use
or occupation of building or structure maintained contrary to the provisions of this chapter
shall constitute a public nuisance.
EFFECTIVE DATE: This ordinance shall take effect and be in force thirty (30) days
after the date of its passage; and the City Clerk of the City of Poway is hereby authorized
to use summary publication procedures pursuant to Government Code Section 36933
utilizing the Poway News Chieftain, a newspaper of general circulation published in the City
of Poway.
Ordinance No. 526
Page 18
Introduced and first read at a regular meeting of the City Council of the City of
Poway held the 6th day of June 2000, and thereafter PASSED and ADOPTED at a regular
meeting of said City Council held the 27th day of June, 2000, by the following roll call vote:
AYES: Emery, Goldby,
NOES: None
ABSTAIN: None
ABSENT: Cafagna
Higginson, Rexford
Don Higginson, Dep Ma"~r'~~'yor
ATTEST:
eoples, City Clerk
N:\CITY~PLANNING\00REPORT~BLDGCODE,ORD