HomeMy WebLinkAbout2019-11-18 Ordinance 5484
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2019 Code Cycle ORD Amending Ch. 16.08 Int’l Swimming Pool & Spa Code 2019102203
Ordinance No. 5484
Ordinance of the Council of the City of Palo Alto Repealing Chapter
16.18 of the Palo Alto Municipal Code and Amending Title 16 to
Adopt a New Chapter 16.18, International Swimming Pool and Spa
Code, With Local Amendments
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Chapter 16.18 of the Palo Alto Municipal Code is hereby amended by repealing in its
entirety Chapter 16.18 and adopting a new Chapter 16.18 to read as follows:
16.18.010 2018 International Swimming Pool and Spa Code Adopted in Part and Amended.
Chapters 1 through 3 and chapters 7 through 11 of the International Swimming Pool and Spa
Code, 2018 Edition, are adopted and hereby incorporated into this Chapter by reference and
made a part hereof as if fully set forth herein. The provisions of this Chapter shall constitute local
amendments to the referenced provisions of the International Swimming Pool and Spa Code,
Edition.
One copy of the International Swimming Pool and Spa Code, 2018 Edition, has been filed for use
and examination by the public in the Office of the Chief Building Official of the City of Palo Alto.
16.18.020 Violations -- Penalties.
It is unlawful for any person to violate any provision or to fail to comply with any of the
requirements of this Chapter or any permits, conditions, or variances granted under this Chapter.
Violators shall be subject to any penalty or penalties authorized by law, including but not limited
to: administrative enforcement pursuant to Chapters 1.12 and 1.16 of the Palo Alto Municipal
Code; and criminal enforcement pursuant to Chapter 1.08 of the Palo Alto Municipal Code. Each
separate day or any portion thereof during which any violation of this Chapter occurs or
continues shall be deemed to constitute a separate offense.
When the chief building official determines that a violation of this Chapter has occurred, the
chief building official may record a notice of pendency of code violation with the Office of the
County Recorder stating the address and owner of the property involved. When the violation has
been corrected, the chief building official shall issue and record a release of the notice of
pendency of code violation.
16.18.030 Enforcement – Criminal Enforcement Authority.
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2019 Code Cycle ORD Amending Ch. 16.08 Int’l Swimming Pool & Spa Code 2019102203
The employee positions designated in this section are authorized to exercise the authority
provided in California Penal Code section 836.5 for violations of this Chapter. The designated
employee positions are: (1) chief building official, (2) assistant chief building official, (3) building
inspection manager, and (4) code enforcement officer.
16.18.040 References to California Building Codes
The International Swimming Pool and Spa Code, 2018 Edition, is hereby amended to refer to
those building regulations adopted by the California Building Standards Commission in Title 24 of
the California Code of Regulations, as follows:
1. Where the term “International Building Code” is used it shall be replaced with the term
“California Building Code (CBC).”
2. Where the term “International Residential Code” is used it shall be replaced with the term
“California Residential Code.”
3. Where the term “International Plumbing Code” is used it shall be replaced with the term
“California Plumbing Code.”
4. Where the term “International Energy Conservation Code” is used it shall be replaced
with the term “California Energy Code.”
5. Where the term “International Fire Code” is used it shall be replaced with the term
“California Fire Code.”
6. Where the term “International Fuel Gas Code” is used it shall be replaced with the term
“California Plumbing Code.”
7. Where the term “International Mechanical Code” is used it shall be replaced with the
term “California Mechanical Code.”
8. Where the term “NFPA 70” is used it shall be replaced with the term “California Electrical
Code.”
16.18.050 Precedence of California Building Codes.
In the event of any conflict between this Chapter and provisions of the California Health and
Safety Code or the building regulations adopted by the California Building Standards
Commission in Title 24 of the California Code of Regulations, the provisions of the Health and
Safety Code and Title 24 shall prevail.
16.18.060 Section 101.1 amended – Title.
Section 101.1 of the International Swimming Pool and Spa Code is hereby amended to read:
101.1 Title. These regulations shall be known as the International Swimming Pool and
Spa Code of the City of Palo Alto, hereinafter referred to as “this code.”
16.08.070 Section 105.1.1 added – Agreements to build; notice of provisions.
Section 105.1.1 of the International Swimming Pool and Spa Code is hereby added to read:
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2019 Code Cycle ORD Amending Ch. 16.08 Int’l Swimming Pool & Spa Code 2019102203
105.1.1 Agreements to build; notice of provisions. Any person entering into an
agreement to build a swimming pool or spa, or to engage in permitted work on a pool
or spa covered by this article, shall give the consumer notice of the requirements of this
code.
Pursuant to existing law, the California Department of Health Services shall have
available on the department's web site, commencing January 1, 2007, approved pool
safety information available for consumers to download. Pool contractors are
encouraged to share this information with consumers regarding the potential dangers a
pool or spa poses toddlers. Additionally, pool contractors may provide the consumer
with swimming pool safety materials produced from organizations such as the United
States Consumer Product Safety Commission, Drowning Prevention Foundation,
California Coalition for Children's Safety & Health, Safe Kids Worldwide, Association of
Pool and Spa Professionals, or the American Academy of Pediatrics. [CBC 3109.1,
115924]
16.18.080 Sections 105.6.1 and 105.6.2 deleted.
Sections 105.6.1 and 105.6.2 of the International Swimming Pool and Spa Code are hereby
deleted in their entireties.
16.18.090 Section 106.19.2 Added – Final Approval.
Section 106.19.2 of the International Swimming Pool and Spa Code is hereby added to read:
106.19.2 Final Approval. Prior to the issuance of any final approval for the completion
of permitted construction or remodeling work, the code official shall inspect the
drowning safety prevention devices required and if no violations are found, shall give
final approval. [CBC 3109.1, 15922(b)]
16.18.100 Section 107 deleted.
Section 107 of the International Swimming Pool and Spa Code is hereby deleted in its entirety.
16.18.110 Section 108 Amended – Means of appeal.
Section 108 of the International Swimming Pool and Spa Code is hereby amended to read:
Section 108 – Means of appeal. A final decision of the Chief Building Official under this
code may be appealed pursuant to the provisions of Section 1.8.8 of the California
Building Code, as amended.
16.18.120 Section 303.3.1 Added – Operating time.
Section 303.3.1 of the International Swimming Pool and Spa Code is hereby added to read:
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2019 Code Cycle ORD Amending Ch. 16.08 Int’l Swimming Pool & Spa Code 2019102203
303.3.1 Operating time. The time switch or other control mechanism shall be installed
as part of a pool water circulation control system that will allow all pumps to be set or
programmed to run only during off-peak electric demand period, and for the minimum
time necessary to maintain the water in the condition required by applicable public
health standards. [California Energy Code (CEnC) 110.4(b)3ii]
16.18.130 Section 301.3 Amended – Covers.
Section 301.3 of the International Swimming Pool and Spa Code is hereby amended to read:
301.3 Covers. Heated pools and outdoor spas shall be provided with a vapor retardant
cover.
Exception: Where pools or spas deriving at least 60 percent of the annual heating
energy from site solar or recovered energy.
16.18.140 Section 305.2 Amended – Outdoor swimming pools and spas.
Section 305.2 of the International Swimming Pool and Spa Code is hereby amended to read:
305.2 Outdoor swimming pools and spas. Other than those facilities regulated in
Section 305.8, all outdoor pools and spas and indoor swimming pools shall be
surrounded by a barrier that complies with Sections 305.2.1 through 305.7. [CBC
3109.1, 115922]
16.18.150 Section 305.8 Added – Private swimming pools.
Section 305.8 of the International Swimming Pool and Spa Code is hereby added to read:
305.8 Private swimming pools. Whenever a building permit is issued for construction of
a new swimming pool or spa, or any building permit is issued for remodeling of an
existing pool or spa, at a private, single-family home, it shall be equipped with at least
one of the following seven drowning prevention safety features:
1. The pool shall be isolated from access to a home by an enclosure that meets the
requirements of Section 305.8.1. [CBC 3109.2, 115922(a)(1)]]
2. The pool shall incorporate removable mesh pool fencing that meets ASTM F
2286 in conjunction with a gate that is self-closing and self-latching and can
accommodate a key lockable device. [CBC 3109.2, 115922(a)(2)]
3. The pool shall be equipped with an approved safety pool cover that meets all
requirements of the ASTM F 1346. [CBC 3109.2, 115922(a)(3)]
4. The residence shall be equipped with exit alarms on those doors providing direct
access to the pool. [CBC 3109.2, 115922(a)(4)]
5. 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 (1372 mm) above the floor. [CBC 3109.2,
115922(a)(5)]
6. Swimming pool alarms that, when placed in pools, will sound upon detection of
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2019 Code Cycle ORD Amending Ch. 16.08 Int’l Swimming Pool & Spa Code 2019102203
accidental or unauthorized entrance into the water. These pool alarms shall
meet and be independently certified to the ASTM F 2208 which includes surface
motion, pressure, sonar, laser and infrared type alarms. For purposes of this
section, "swimming pool alarms" shall not include swimming protection alarm
devices designed for individual use, such as an alarm attached to a child that
sounds when the child exceeds a certain distance or becomes submerged in
water. [CBC 3109.2, 115922(a)(6)]
7. 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 items 1-4, and have
been independently verified by an approved testing laboratory as meeting
standards for those devices established by the ASTM or ASME. [CBC 3109.2,
115922(a)(7)]
Exceptions:
1. Public swimming pools. [CBC 3109.1, 115925(a)]
2. Hot tubs or spas with locking safety covers that comply with the ASTM ES 13-
89. [CBC 3109.1, 115925(b)]
3. An apartment complex, or any residential setting other than a single-family
home. [CBC 3109.1, 115925(c)]
16.18.160 Section 305.9 Added – Enclosure.
Section 305.9 of the International Swimming Pool and Spa Code is hereby added to read:
305.9 Enclosure. The enclosure for private swimming pools shall have all of the
following characteristics:
1. Any access gates through the enclosure open away from the swimming pool and
are self-closing with a self-latching device placed no lower than 60 inches (1524
mm) above the ground. [CBC 3109.1, 115923(a)]
2. A minimum height of 60 inches (1524 mm). [CBC 3109.1, 115923(b)]
3. A maximum vertical clearance from the ground to the bottom of the enclosure
of 2 inches (51 mm). [CBC 3109.1, 115923(c)]
4. Gaps or voids, if any, do not allow passage of a sphere equal to or greater than 4
inches (102 mm) in diameter. [CBC 3109.1, 115923(d)]
5. An outside surface free of protrusions, cavities or other physical characteristics
that would serve as handholds or footholds that could enable a child below the
age of five years to climb over. [CBC 3109.1, 115923(e)]
16.18.170 Section 310.2 Added – Construction Requirements for building a pool or spa.
Section 310.2 of the International Swimming Pool and Spa Code is hereby added to read:
310.2 Construction Requirements for building a pool or spa. Whenever a building permit
is issued for the construction a new private swimming pool or spa, the pool or spa shall
meet all of the following requirements:
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2019 Code Cycle ORD Amending Ch. 16.08 Int’l Swimming Pool & Spa Code 2019102203
1. The suction outlet of the pool or spa for which the permit is issued shall be
equipped to provide circulation throughout the pool or spa as prescribed in
Paragraph 2.
2. The swimming pool or spa shall have at least two circulation drains per pump that
shall be hydraulically balanced and symmetrically plumbed through one or more
"T" fittings, and that are separated by a distance of at least three feet in any
dimension between the drains. Suction outlets that are less than 12 inches across
shall be covered with antientrapment grates, as specified in the ASME/ANSI
Standard A 112.19.8, that cannot be removed except with the use of tools. Slots
of openings in the grates or similar protective devices shall be of a shape, area and
arrangement that would prevent physical entrapment and would pose any suction
hazard to bathers.
3. Any backup safety system that an owner of a new swimming pools or spa may
choose to install in addition to the requirements set forth in subdivisions (1) and
(2) shall meet the standards as published in the document, "Guidelines for
Entrapment Hazards: Making Pools and Spas Safer," Publication Number 363,
March 2005, United States Consumer Products Safety Commission.
4. Whenever a building permit is for the remodel or modification of any existing
swimming pool, toddler pool or spa, the permit shall require that the suction
outlet of the existing swimming pool, toddler pool or spa be upgraded so as to be
equipped with an antientrapment cover meeting current standards of the
American Society for Testing and Materials (ASTM) or the American Society of
Mechanical Engineers (ASME).
Authority: Health and Safety Code Section 18942(b)
Reference: Health and Safety Code Section 115928 AB 3305 (Statutes 1996, c.925); AB
2977 (Statutes 2006, c.926); AB 382 (Statutes 2007, c.XXX)
16.18.180 Section 316.2.1 Added – Construction Requirements for building a pool or spa.
Section 316.2.1 of the International Swimming Pool and Spa Code is hereby added to read:
316.2.1 Certification and Installation.
(a) Certification by manufacturers. Heating systems and equipment shall be certified by
the manufacturer that the heating system and equipment complies with the
following:
1. Efficiency. A thermal efficiency that complies with the Appliance Efficiency
Regulations in Title 20, Division 2, Chapter 4, Article 4 of the California Code of
Regulations; and [CEnC 110.4(a)1]
2. On-off switch. A readily accessible on-off switch, mounted on the outside of the
heater that allows shutting off the heater without adjusting the thermostat
setting; and [CEnC 110.4(a)(2]
3. Instructions. A permanent, easily readable and weatherproof plate or card that
gives instruction for the energy efficient operation of the pool or spa heater and
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2019 Code Cycle ORD Amending Ch. 16.08 Int’l Swimming Pool & Spa Code 2019102203
for the proper care of pool or spa water when a cover is used; and [CEnC 110.4(a)3]
4. Electric resistance heating. No electric resistance heating.
Exception 1 to Section 110.4(a)4: Listed package units with fully insulated
enclosures, and with tight-fitting covers that are insulated to at least R-6.
Exception 2 to Section 110.4(a)4: Pools or spas deriving at least 60 percent
of the annual heating energy from site solar energy or recovered energy.
[CEnC 110.4(a)4]
(b) Installation. Any pool or spa system or equipment shall be installed with all of the
following:
1. Piping. At least 36 inches of pipe shall be installed between the filter and the
heater or dedicated suction and return lines, or built-in or built-up connections
shall be installed to allow for the future addition of solar heating equipment.
[CEnC 110.4(b)1]
2. Directional inlets. The swimming pool shall have directional inlets that adequately
mix the pool water. [CEnC 110.4(b)3i]
16.18.190 Section 504.1 Amended – Emergency shutoff switch.
Section 504.1 of the International Swimming Pool and Spa Code is hereby amended to read:
504.1 Emergency shutoff switch. One emergency shutoff switch shall be provided to
disconnect power to circulation and jet system pumps and air blowers. Emergency shutoff
switches shall be clearly labeled, accessible, located within sight of the spa and shall be
located not less than 5 feet (1524 mm) but not greater than 10 feet (3048 mm)
horizontally from the inside walls of the spa. [California Electrical Code (CEC), 680.41]
SECTION 2. If any section, subsection, clause or phrase of this Ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portion or sections of
the Ordinance. The Council hereby declares that it should have adopted the Ordinance and
each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 3. The Council finds that this project is exempt from the provisions of the California
Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA Guidelines,
because it can be seen with certainty that there is no possibility that the amendments herein
adopted will have a significant effect on the environment.
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2019 Code Cycle ORD Amending Ch. 16.08 Int’l Swimming Pool & Spa Code 2019102203
SECTION 4. This Ordinance shall be effective on the thirty-first day after the date of its
adoption.
INTRODUCED: November 4, 2019
PASSED: November 18, 2019
AYES: CORMACK, DUBOIS, FILSETH, KNISS, KOU, TANAKA
NOES:
ABSENT: FINE
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Deputy City Attorney City Manager
____________________________
Director of Planning and Development Services
____________________________
Director of Administrative Services
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Subject: Please DocuSign: ORD 5484 Ch 16.18 International Swimming Pool Code Amending Ordinance for 2019...
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250 Hamilton Ave
Palo Alto , CA 94301
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