HomeMy WebLinkAbout2016-10-24 Ordinance 53961
160830 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-08-25 (2016 Code Cyle) ORD Adding Ch 16.16 Intl Pool Code
Ordinance No. 5396
Ordinance of the Council of the City of Palo Alto Adding Chapter 16.18
of the Palo Alto Municipal Code, International Swimming Pool and
Spa Code
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 added to
read as follows:
16.18.010 2015 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, 2015 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, 2015 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.
Any person, firm or corporation violating any provision of this chapter is guilty of a
misdemeanor and upon conviction thereof shall be punished as provided in subsection (a) of
Section 1.08.010 of this 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,
and upon conviction thereof shall be punishable as provided in this section.
When the building official determines that a violation of this chapter has occurred, he/she 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
building official shall issue and record a release of the notice of pendency of code violation.
16.18.030 Enforcement Citation authority.
The employee positions designated in this section may enforce the provisions of this chapter by
the issuance of citations; persons employed in such positions are authorized to exercise the
authority provided in Penal Code section 836.5 and are authorized to issue citations for
violations of this chapter. The designated employee positions are: (1) chief building official; (2)
building inspection supervisor; and (3) code enforcement officer.
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16.18.040 References to California Building Codes
The International Swimming Pool and Spa Code, 2015 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.
2. Where the term nternational 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
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:
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.
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160830 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-08-25 (2016 Code Cyle) ORD Adding Ch 16.16 Intl Pool 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 3109.4.4.4]
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 106.1.9.2 Added Final Approval.
Section 106.1.9.2 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 3109.4.4.2]
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 303.1.3 Added Operating time.
Section 303.1.3 of the International Swimming Pool and Spa Code is hereby added to read:
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 offpeak electric demand period, and for the minimum
time necessary to maintain the water in the condition required by applicable public
health standards. [CEnC 110.4(b)3ii]
16.18.130 Section 303.4 Amended Covers.
Section 303.4 of the International Swimming Pool and Spa Code is hereby amended to read:
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303.4 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
3109.4.4.2]
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, singlefamily 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 3109.4.4.2 #1]
2. The pool shall incorporate removable mesh pool fencing that meets ASTM F
2286 in conjunction with a gate that is selfclosing and selflatching and can
accommodate a key lockable device. [CBC 3109.4.4.2 #2]
3. The pool shall be equipped with an approved safety pool cover that meets all
requirements of the ASTM F 1346. [CBC 3109.4.4.2 #3]
4. The residence shall be equipped with exit alarms on those doors providing direct
access to the pool. [CBC 3109.4.4.2 #4]
5. All doors providing direct access from the home to the swimming pool shall be
equipped with a selfclosing, selflatching device with a release mechanism
placed no lower than 54 inches (1372 mm) above the floor. [CBC 3109.4.4.2 #5]
6. Swimming pool alarms that, when placed in pools, will sound upon detection of
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 3109.4.4.2 #6]
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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 14, and have
been independently verified by an approved testing laboratory as meeting
standards for those devices established by the ASTM or ASME. [CBC 3109.4.4.2
#7]
Exceptions:
1. This section does not apply to any facility regulated by the State Department
of Social Services even if the facility is also used as a private residence of the
operator. Pool safety in those facilities shall be regulated pursuant to
regulations adopted therefor by the State Department of Social Services.
[CBC 3109.4.4.6]
2. Hot tubs or spas with locking safety covers that comply with the ASTM ES 13
89. [CBC 3109.4.4.5 #2]
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 selfclosing with a selflatching device placed no lower than 60 inches (1524
mm) above the ground. [CBC 3109.4.4.3 #1]
2. A minimum height of 60 inches (1524 mm). [CBC 3109.4.4.3 #2]
3. A maximum vertical clearance from the ground to the bottom of the enclosure
of 2 inches (51 mm). [CBC 3109.4.4.3 #3]
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 3109.4.4.3 #4]
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 3109.4.4.3 #5]
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:
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.
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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. 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
for the proper care of pool or spa water when a cover is used; and [CEnC
110.4(a)3]
3. Electric resistance heating. No electric resistance heating; and
Exception 1 to Section 110.4(a)4: Listed package units with fully insulated
enclosures, and with tightfitting covers that are insulated to at least R6.
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]
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(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 builtin or builtup 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. [CElecC 686.41]
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
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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SECTION 4. This ordinance shall be effective on the thirtyfirst day after the date
of its adoption.
INTRODUCED: October 4, 2016
PASSED: October 24, 2016
AYES: BERMAN, BURT, FILSETH, HOLMAN, KNISS, SCHARFF, SCHMID
NOES:
ABSENT: DUBOIS, WOLBACH
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
Senior Deputy City Attorney City Manager
Director of Development Services
Director of Administrative Services
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