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12/5
ORDINANCE NO. 738 (1978 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING
THE MUNICIPAL CODE BY REPEALING ARTICLE VIII, CHAPTER
7, SECTIONS 8900 - 8910.7 AND ADOPTING ARTICLE VIII,
CHAPTER 7, SECTIONS 8700 - 8720.6, SWIMMING POOL AND
DOCK REGULATIONS.
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Municipal Code Article VIII, Chapter 7, Sections 8900 through
8910.7, are hereby repealed.
SECTION 2. Municipal Code Article VIII, Chapter 7, Sections 8700 through
8720.6, Swimming Pool and Dock Regulations, are hereby adopted to read as
follows: (See attached text.)
SECTION 3. This ordinance, together with the ayes and noes, shall be
published once in full, at least three days before final passage, in the
Telegram - Tribune, a newspaper published and circulated in said city, and the
same shall go into effect at the expiration of thirty (30) days after its said
final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis
Obispo at a regular meeting thereof held on the 3rd day of January ,
1978, on motion of Mayor Schwartz , seconded by Councilman Settle
and on the following roll call vote:
AYES: Councilmen Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: Councilman Dunin
ATTEST:
City rk . Fitzpatrick
0 738
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ktm
12/5
Ord. No. 738
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
DE LA MOTTE & LILEY
City Attorney
k
By: Allen Grimes
Page 2
Approved as to content:
-; ( 71-0�
City Administrative fficer
�. i _: -
- _ � W, . M�
ARTICLE VIII, CHAPTER 7
SWIMMING POOLS AND DOCKS
SECTION 8700.1.
8700.2
8700.3.
8700.4.
8700.5.
8700.6.
8700.7.
8700.8.
8700.9.
8700.10.
8700.11.
8710.
8710.1.
8710.2.
8710.3.
8710.4.
8710.5.
8710.6.
8710.7.
8710.8.
8710.9.
8710.10.
8710.11.
8710.12.
TITLE.
PURPOSE.
SCOPE.
ENFORCEMENT.
PERMITS.
INSPECTIONS.
EXTRA INSPECTIONS.
FEES.
STOP WORK ORDERS.
APPEALS.
DEFINITIONS.
PART I - SWIMMING POOLS.
APPLICATIONS FOR POOLS.
GENERAL REQUIREMENTS FOR SWIMMING
POOLS.
LOCATION OF POOL AND POOL EQUIPMENT.
POOL ENCLOSURES AND SECURITY.
PRIVATE POOL GEOMETRY, MARKING & BOARDS.
PUBLIC POOL GEOMETRY.
ELECTRICAL REQUIREMENTS.
PLUMBING REQUIREMENTS.
WATER DISPOSAL.
MATERIALS OF POOL SHELL.
HYDROSTATIC UPLIFT.
ACCESS TO AND FROM POOL.
SECTION 8710.13.
8710.14.
8710.15.
8710.16.
8720.
8720.1.
8720.2.
8720.3.
8720.4.
8720.5.
8720.6.
DECKS AND WALKWAYS. PLANTERS AND
LANDSCAPING.
LIGHTING.
MAINTENANCE OF SWIMMING POOLS.
ABANDONED POOLS.
PART 2 - DOCKS.
APPLICATIONS FOR DOCK PERMITS.
STANDARDS.
SAFETY REQUIREMENTS.
VARIANCES.
EXCEPTIONS.
REMOVAL OF NONCONFORMING DOCKS.
CHAPTER 7 - SWIMMING POOLS AND DOCKS
SECTION 8700.1. TITLE.
This chapter shall be known as the "Swimming Pool and Dock Code," may
be cited as such and referred to herein as "this Code."
SECTION 8700.2. PURPOSE.
The purpose of this Chapter is to provide minimum standards for the
protection of life, property, health and public welfare.
SECTION 8700.3. SCOPE.
The provisions of this Chapter shall apply to the construction, instal-
lation, alteration, erection, repair and /or abandonment of any swimming pool
and associated structures or dock.
SECTION 8700.4. ENFORCEMENT.
The Construction Regulations Division of the Community Development
Department is charged with enforcing the provisions of this Chapter.
SECTION 8700.5. PERMITS.
No person, firm or corporation shall construct, erect, install, alter,
repair, remove, convert or abandon a dock or swimming pool or associated
structure, without first obtaining a separate permit for each dock or pool,
from the Construction'Regulations Division.
SECTION 8700.6. INSPECTIONS.
All swimming pool and dock installations or alterations, including
equipment, piping, wiring, and appliances related thereto, shall be inspected
by the Construction Regulations Division, to insure compliance with all
requirements of this Code.
It shall be the duty of the person doing the work authorized by the
permit to notify the Construction Regulations Division, orally or in writing,
that said work is ready for inspection. Such notification shall be given
not less than twenty -four (24). hours before the work is to be inspected.
SECTION 8700.7. EXTRA INSPECTIONS.
When extra inspections are necessary by reason of deficient or defective
work, or otherwise through fault or error on the part of the holder of the
permit or on the part of :his employees, only one such extra inspection shall
be made under the regular fees as herein prescribed; and for each and every
further extra visit or inspection for which the holder of the permit or his
employee is entirely responsible, an extra inspection fee shall be paid.
SECTION 8700.8. FEES.
A permit fee for each dock, swimming pool and /or associated structure,
shall be paid to the Construction Regulations Division. Fees shall be
established from time to time by resolution of the City Council. In addition,
a plan check fee equal to one -half (1/2) the permit fee, may be charged for
plan review.
SECTION 8700.9. STOP WORK ORDERS.
Whenever any work is being done contrary to the provisions of this Code,
the Construction Regulations Division may order the work stopped by notice
in writing served on any persons engaged in the doing or causing such work
to be done, and any such persons shall forthwith stop such work until
authorized by the Building Official to procegd.with the work.
SECTION 8700.10. APPEALS.
Any person aggrieved by a decision made under the terms of this Code
may appeal such decision as follows:
a. For matters concerning site location and aesthetics, the provisions of
Section 9200.16.H of the Municipal Zoning Regulations shall apply.
b. For matters concerning construction of a dock or pool, such appeal shall
be heard by the Building Board of Appeals. The procedure for appeal
shall be as set forth in Chapter 5 of the City's Uniform Code for the
Abatement of Dangerous Buildings, currently adopted edition.
SECTION 8700.11. DEFINITIONS.
For the purpose of this Code, certain terms, phrases and words shall
be defined as follows:
a. Construction Regulations. Division shall mean the agency established and
authorized to administer and enforce the provisions of this Code.
b. Building Official shall mean the authorized and designated individual
enforcing the Construction Regulations of the City.
c. Fixed dock shall mean a platform moorage for boats which is permanently
affixed to the ground and is not supported by a bouyant method.
d. Floating dock shall mean a platform moorage for boats supported by a
bouyant method which may or may not be attached to land.
e. Fishing dock shall mean a fixed or floating platform which extends beyond
the waterline used by people for the purpose of fishing.
f. Swimming pool shall mean any natural or man -made pond or container,
eighteen inches (18 ") deep or deeper, used for swimming, bat ing,
immersion and /or diving purposes. (Spas, hot tubs, Doughbo and similar
type, above ground, portable pools are excluded from this definition.)
g. Swimming pool - private shall mean any swimming pool used in connection
and located on the property of a single family residence, and available
only to the family of the householder and their private guests.
h. Swimming pool - public shall mean any other than a private swimming pool.
i. Special use pool shall mean any pool not defined above and used for
therapeutic, religious or reservoir purposes.
SECTION 8710. PART I - SWIMMING POOLS.
SECTION 8710.1. APPLICATIONS FOR POOLS.
Any person legally entitled to apply for and receive a permit shall make
such application on forms provided for that purpose. He shall give a
description of the character of the work proposed to be done and the location,
ownership, occupancy and use of the premises in connection therewith.
If the Building Official determines that the plans,- specifications,
drawings, descriptions, or information furnished by the applicant.is in com-
pliance with this code, he shall issue the permit applied for upon payment
of the required fee.
The requirements of this section shall not waive any other requirements
by any other departments having jurisdiction.
All plans and documents submitted shall be on substantial paper and shall
show the name and address of the person under whose supervision the documents
were prepared.
The permit issued for a swimming pool shall include all electrical,
mechanical and plumbing work. Swimming pool construction, alteration,
or major repairs shall be performed by a contractor licensed by the State
of California in the B -1 or C -53 specialty.
EXCEPTION: A property owner acting as his own contractor.
All swimming pool plans shall be stamped or signed with the name and
license number of the responsible architect or engineer who designed the
pool. Where a pool is designed by a licensed building designer, the plans
shall reflect the building designer's license number and the engineer who
supervised the design.
a. In- ground pools.
Applications for permits for in- ground pools shall be accompanied by
legible plans in triplicate and in sufficient detail to show the following:
Plot plans with site grades dimensioned, and drawn to a scale of not
less than one - eighth inch (1/8 ") per foot and showing the following:
(1) Property lines, easements, right -of -way record, and overhead
utilities adjacent to pool area or over the property.
(2) Existing structures, fencing, retaining walls and other
relevant characteristics adjacent to pool area.
(3) The proposed pool shape, dimensioned and located to show set-
backs, side yards and clearance from existing structures
adjacent to pool area.
(4) The proposed mechanical equipment pad, dimensions and location
as to setbacks and side yards.
(5) All deck equipment items.
(6) The proposed deckwork configuration, showing its anticipated
drainage.
(7) The anticipated overall drainage of the pool site.
(8) All electrical, mechanical and plumbing lines and equipment.
(9) The type of construction, whether gunite, poured concrete, pre-
fabricated or other.
(10) The pool dimensions, including the depth, and adequate cross -
sections drawn to scale showing compliance with Section 8710.5.
(11) Computations, stress diagrams, and other data sufficient to show
the correctness of the plans, including the reinforcing steel
schedule and detail.
(12) A statement by the applicant concerning the nature of the soil
under and around the pool structure.
(13) The interior finish details.
(14) The pool edge details.
(15) The volume, system flow rate in gallons per minute, and turnover
in hours for the recirculation system.
(16) The type and size of filtration system and means of waste disposal
to include disposal of backwash water if applicable.
(17) The type and size of pool heater, if provided, including the type
of energy and method of venting and provisions for combustion air
if gas fired.
(18) The pool,.piping layout with all sizes shown and types of material
to be used, and showing the location of the main outlet, surface
skimmers and inlets.
(19) The rated capacity of the pool pump in gallons per minute (GPM)
at the design head with the size and type of motor indicated and
identified as to type of pump.
(20) The means of adding makeup water.
(21) The size, length from source to heater and routing of the gas line,
if applicable.
(22) Location and method of pool drainage and disposal of drainage water.
(23) Give such other information as may reasonably be required by the
Building Official.'`
EXCEPTIONS: (15) and (19) may be omitted for private pools.
b. Above - ground pools.
Applications for permits for above - ground pools shall be fore electric
and plumbing hook -up only. Information for the following shall be provided:
(1) Type of pool heater, if provided, including type of energy and
method of venting and provisions for combustion air if gas fired.
(2) The means of adding makeup water.
(3) The size, length, from source to heater and routing of the gas
line, if applicable.
(4) Location of attachment to electrical energy.
(5) Location and type of ground fault interrupter (GFI) for pool
circuit(s).
(6) Other information as reasonably may be required by the
Building Official.
SECTION._8710.2. GENERAL REQUIREMENTS FOR SWIMMING POOLS.
a. The Building, Electrical, Mechanical, and Plumbing Codes of the City
shall apply to the design and construction of all swimming pools.
b. Laws and regulations relating to swimming pools as published by the
State of California shall also apply to public pools.
c. Only listed and approved swimming pool equipment shall be utilized
in swimming pool construction.
d. All public swimming pools shall receive Health Department approval
prior to issuance of a permit.
SECTION 8710.3. LOCATION OF POOL AND POOL EQUIPMENT.
a. A swimming pool shall not be located in a required front of side
yard setback.
b. A swimming pool shall not be located within five (5) feet of a
property line.
c. An exterior swimming pool shall not be located within five feet (5')
of a building or other structure, nor within one foot of the angle
of repose from building footings. (See sketch below.)
EXCEPTION: An exterior public swimming pool shall be located not
less than ten feet (10') from a building or other structure.
ANY
BUILDING
POOL /
lil� /
_rte.
JI
/
ANGLE OF REPOSE
/ 45° FROM FOOTING
/ NOT TO SCALE
NOTE: Excavation shall not be permitted within one foot of - -the
angle of repose.
d. Pool equipment shall not be located in required front or that portion
of side yards located between the front lot line and the rearmost
portion of the main building. Equipment shall be located not less
than ten feet (10') from any window or other opening into a dwelling
or other habitable building.
e. Pool equipment shall be enclosed or screened from street and adjoining
property view.
f. Pool equipment for public pools shall be mounted on concrete pads.
SECTION 8710.4. POOL ENCLOSURES AND SECURITY.
a. All swimming pools shall be enclosed with a continuous wall or fence,
designed to discourage access by children and animals, not less than
four feet six inches (4'6 ") in height, measured from the adjoining
grade outside the fence. Said enclosure shall have no opening therein
or space between intermediate members greater than four inches (4 ").
No such enclosure shall provide ladder -like access to the pool area.
Buildings may be used as part of such enclosures for private pools.
Glass, where used in pool enclosures, shall be safety or wired glass
not having exposed sharp edges. Gates or doors opening through such
enclosures shall be self - closing and self - latching, with the latching
device not less than four feet (4') above grade and installed on the
pool side of the enclosure.
b. Enclosures shall be made of substantial materials capable of withstanding
a horizontal load of twenty (20) pounds per lineal foot applied at the
top of the fence.
c. Natural or man -made lakes, marinas or reservoirs used primarily for
water conservation, flood control, boating, irrigation, or fishing
shall not be deemed to be a swimming pool or body of water requiring
fencing by this section.
d. No water shall be placed in any swimming pool prior to the installation
of all safeguards specified in this section and approval of the Build-
ing Official.
e. It is hereby determined that existing swimming pools, as defined in
this chapter,, that do not have enclosures as set forth in this section,
constitute a hazard and a danger to the health, welfare and safety of
young children and are hereby declared to be a nuisance. The owner or
person in possession of land within the city upon which is situated any
existing swimming pool not so enclosed shall, within thirty (30) days
after the effective date of this section, (February 17, 1978)
commence or cause to be commenced the construction of the required
enclosure and complete same with due diligence.
SECTION 8710.5. PRIVATE POOL GEOMETRY, MARKING & BOARDS.
a. Except for pools with a uniform water depth throughout, the water depth
at the shallow end shall not exceed three and one -half feet (3 1/21).
If steps extend for more than one -half of the width of the shallow end,
the depth of water at the base of the lowest step shall not be deeper
than three and one -half feet (3 1/2').
b. Where pool bottoms are sloped, the shallow end shall be sloped at a
rate not to exceed one foot vertically in ten feet (10') horizontally.
c. All swimming pools shall have the water depth conspicuously marked
with permanent depth marker numerals at each end, and along both sides
as follows:
(1) For sloping bottom pools: at each one foot increase in water depth.
(2) For uniform depth pools: at ten foot (10') intervals.
d. Where diving or jump boards are to be installed, the shape and dimensions
shown in Appendix "A" of this chapter, shall be complied with.
SECTION 8710.6. PUBLIC POOL GEOMETRY.
Public pool configuration, water depth, bottom slopes and diving board
location when installed shall conform to the State laws and regulations for
swimming pools.
SECTION 8710.7. ELECTRICAL REQUIREMENTS.
a. All electrical circuits serving any swimming pool and pool equipment
shall be protected with ground fault circuit interrupters (GFI).
These devices shall be installed as set forth in the National Electrical -
Code (N.E.C.).
This requirement supersedes any wording in*the N.E.C. permitting the
omission of GFI's.
b. All swimming pool wiring shall conform to the provisions set forth in
Article 680 of the National Electrical Code.
SECTION 8710.8. PLUMBING REQUIREMENTS.
a. All pool water shall be recirculated and purified in accordance with
California state laws and regulations relating to swimming pools.
b. The water supply to the pool shall be protected by an approved back -
flow device or by an air gap over the decking of the pool.
c. Plastic piping shall be installed with a minimum of eighteen inch.(18 ")
cover or four inches (41') of concrete.
SECTION 8710.9. WATER DISPOSAL.'
a. Disposal of water shall be accomplished as specified in Appendix "G"
of the Uniform Plumbing Code, except pool water shall not be disposed
of in the sanitary sewer.
b. Backwash water shall discharge into a sanitary sewer or through an
approved separation tank.
SECTION 8710.10. MATERIALS OF POOL SHELL.
Swimming pool shells shall be of reinforced concrete, or other material
designed and built/ to withstand anticipated stresses, of water -tight con-
struction with smooth and impervious surfaces. A waterproof interior finish
which will withstand repeated brushing, scrubbing and cleaning procedures
shall completely line the pool to the coping or cantilevered decking.
SECTION 8710.11. HYDROSTATIC UPLIFT.
Any pool to be constructed in an area in which residual ground water
creates hydrostatic head against the pool structure shall have a suitable
hydrostatic relief valve, an exterior drain system with a sump and pump,
sufficient mass weight when emptied to prevent flotation, or permanently
post signs, indicating pool shall not be emptied.
SECTION 8710.12. ACCESS TO AND FROM POOL.
a. Pools shall be accessible by means of ladders and /or steps. There shall
be not less than one ladder or stairway for every three hundred (300)
square feet of pool area equally distributed around the perimeter.
b. Except for pools with a uniform depth of more than five feet (5'), one
means of access shall be by steps. Where more than one access is
required, one access may be by step -outs of not less than sixteen inches
(16 ") deep.
SECTION 8710.13. DECKS AND WALKWAYS. PLANTERS AND LANDSCAPING.
a. Private swimming pools shall be provided with decks or have perimeter
walkways not less than four feet (4') wide. Paved walkways at grade
shall slope away from the pool with a slope of not less than one - fourth
inch (1/4 ") Per foot, nor greater than three - eighths inch (3/8") per
foot, and shall have a non -slip surface. Water from such decks or
walkways shall not drain back into the pool system or upon neighboring
property.
b. Planter boxes, landscaping, or buildings with foundations constructed
as an integral part of the pool wall, may border the pool edge when
approved by the Building Official. The aggregate length of such
planter boxes, landscaping or buildings shall not exceed forty percent
(40 %) of the perimeter.of the pool..
c. Public swimming pools shall have decks as set forth in the state laws
regulating swimming pools.
SECTION 8710.14. LIGHTING.
a. All pools shall be artificially lighted so that all areas within the
pool are without shadows and may be seen distinctly after dark.
b. All lighting of pool area shall be so hooded that the light does not
shine towards abutting properties.
SECTION 8710.15. MAINTENANCE OF SWIMMING POOLS
All pools, associated equipment and systems, shall be maintained in a
clean, sanitary and safe condition at all times.
SECTION 8710.16. ABANDONED POOLS.
a. A pool which falls into disuse, neglect, or is a hazard to health and
safety, shall be filled to the satisfaction of the Building Official.
Before filling, holes shall be made in the bottom of the pool to insure
proper drainage.
b. When the Building Official ascertains that a pool has been abandoned
through neglect or disuse, it shall be his duty to request the owner
of the property on which the pool is located to fill the pool. Should
the owner fail to do so within thirty (30) days of such notice, the
Building Official shall cause the pool to be filled and cause a lien
to be filed against the property for the cost of filling. Such lien
shall be due and payable in the same manner and time as City taxes.
SECTION 8720. PART 2 - DOCKS.
SECTION 8720.1. APPLICATIONS FOR DOCK PERMITS.
Any person legally entitled to apply for and receive a permit shall
make such application on forms provided for that purpose. He shall give
a description of the character of the work proposed to be done and the
location, ownership, occupancy and use of the premises in connection
therewith.
Application for permits for new construction shall be accompanied by
legible plans in triplicate and in sufficient detail including the following:
a. A plot plan, drawn to scale of not less than one - eighth inch (1/8 ")
per foot, showing property lines with side property lines projected
beyond the rear line into the body of water.
b. The location and size of the proposed dock, superimposed on the plot
plan.
c. Working drawings of dock construction, to include details of connection
and anchorage.
d. Means of access.
e. Information and schematics of all electrical, mechanical and plumbing
work.
SECTION 8720.2. STANDARDS.
a. No fixed dock shall encroach into that portion of Laguna Lake which
is under the jurisdiction of the City. All such docks shall be located
on private property.
b. Floating docks may encroach into Laguna Lake not more than thirty feet
(30') distance from the nearest property line and such floating docks
shall not exceed one hundred eighty (180) square feet in area. Total
allowable area shall include any ramp or gangway constructed in con-
junction with the floating dock and included in the encroachment.
c. No dock shall encroach beyond the projected lot lines of adjoining
properties.
SECTION 8720.3. SAFETY REQUIREMENTS.
a. All new construction shall be in accordance with applicable codes and
ordinances as adopted by the City.
b. Any fixed or floating dock or portion thereof that, in the opinion of
the Building Official, is unsafe or insecure, shall be deemed a nuisance,
and shall be repaired or removed by the owner of the property upon which
such dock is attached, within thirty (30) days after notice in writing
by the City.
After thirty (30) days, the City may cause such dock to be removed and
the cost of such removal shall become a lien against the real property.
The City of San Luis Obispo may cause any dock which is an immediate
peril to persons or property to be removed or corrected summarily and
apply the cost as a lien against the real property.
SECTION 8720.4. VARIANCES.
The Planning Commission may grant a variance to the standards as set
forth in Section 8720.2 a and b, provided the following three conditions
are satisfied:
a. That there are exceptional circumstances applying to the site, such as
size, shape, or topography, which do not apply generally to land in the
vicinity.
b. That the exception will not constitute a grant of special privilege
inconsistent with the limitations upon other properties in the vicinity.
c. That the granting of such exception will not adversely affect the
health, safety, or general welfare of persons residing or working in
the vicinity.
SECTION 8720.5. EXCEPTIONS.
The Director of the Community Development Department may grant an
exception to Section 8720.2_c, provided a written consent from the adjoin-
ing property owner is furnished with application-for permit.
SECTION 8720.6. REMOVAL OF NONCONFORMING DOCKS.
Fixed and floating docks which do not conform to this Chapter shall,
within five (5) years after the effective date of this ordinance (February 17,
1978 ), be removed or made to conform.
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ORDINANCE NO. 738
FINALLY PASSED this 17th day of January 19 78,
on motion of Councilman Jorgensen seconded by
Councilman Settle on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
ATTEST:
�f1
J. Fitzpatrick, CITY CLERK