HomeMy WebLinkAbout2022-11-14 Ordinance 55691
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Ordinance No. 5569
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:
CHAPTER 16.18
2021 International Swimming Pool and Spa Code (ISPSC)
Sections
16.18.010 2021 International Swimming Pool and Spa Code (ISPSC) adopted in part and
amended.
16.18.020 Violations -- Penalties.
16.18.030 Enforcement -- Criminal Enforcement Authority.
16.18.040 References to California Building Codes.
16.18.050 Precedence of California Building Codes.
16.18.060 Administration & Enforcement of 2021 International Swimming Pool and Spa Code
(ISPSC)
16.18.070 Section 101.1 Title.
16.08.080 Section 105.1.1 Agreements to build; notice of provisions.
16.18.090 Section 110.17 Final approval.
16.18.100 Section 301.1.2 Conflicts.
16.18.110 Section 303.3.1 Operating time.
16.18.120 Section 303.1.3 Covers.
16.18.130 Section 305.2 Outdoor swimming pools and spas.
16.18.140 Section 305.9 Private swimming pools.
16.18.150 Section 305.10 Enclosure.
16.18.160 Section 310.2 Construction requirements for building a pool or spa.
16.18.170 Section 316.2.1 Certification and installation.
16.18.180 Section 504.1 Emergency shutoff switch.
16.18.190 Section 903 to 908.
16.18.010 2021 International Swimming Pool and Spa Code (ISPSC) adopted in part and
amended.
Chapters 1 through 3 and chapters 7 through 11 of the International Swimming Pool and Spa
Code, 2021 Edition, are adopted and hereby incorporated into this Chapter by reference and
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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, 2021 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.
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, 2021 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. Wher
2. Where the term Residential is used it shall be replaced with the
3. Where the term
4.
5.
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6.
7. shall be replaced with
8. Where the term is used it shall be replaced with the term
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 Administration & Enforcement of 2021 International Swimming Pool and Spa Code
(ISPSC)
Administration and enforcement of this code shall be governed by Chapter 1, Division II of the 2022
California Building Code as amended by Palo Alto Municipal Code Chapter 16.04, and the any
sections of the 2022 International Swimming Pool and Spa Code that are adopted by the City of
Palo Alto in this Chapter 16.18.
16.18.070 Section 101.1 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
16.08.080 Section 105.1.1 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.
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
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Pool and Spa Professionals, or the American Academy of Pediatrics. [CBC 3109.1,
115924]
16.18.090 Section 110.17 Final approval.
Section 110.17 of the International Swimming Pool and Spa Code is hereby added to read:
110.17 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 301.1.2 Conflicts.
Section 301.1.2 of the International Swimming Pool and Spa Code is hereby added to read:
301.1.2 Conflicts. In the event of a conflict between the provisions of the Swimming
Pool Safety Act, the International Swimming Pool and Spa Code, 2021 Edition, the 2022
California Building Code, or the 2022 California Residential Code, the Building Official
shall implement the most restrictive measures cited.
16.18.110 Section 303.3.1 Operating time.
Section 303.3.1 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 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]
16.18.120 Section 303.1.3 Covers.
Section 303.1.3 of the International Swimming Pool and Spa Code is hereby amended to read:
303.1.3 Covers. Outdoor pools and outdoor spas shall be provided with a vapor
retardant cover.
16.18.130 Section 305.2 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. 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]. Refer to 305.9 for additional drowning prevention
safety features.
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16.18.140 Section 305.9 Private swimming pools.
Section 305.9 of the International Swimming Pool and Spa Code is hereby added to read:
305.9 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
two 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 305.10.
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.
3. The pool shall be equipped with an approved safety pool cover that meets all
requirements of the ASTM F 1346.
4. The residence shall be equipped with exit alarms on those doors providing direct
access to the pool. The exit alarm may cause either an alarm noise or a verbal
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.
6. An alarm that, when placed in a swimming pool or spa, will sound upon
detection of accidental or unauthorized entrance into the water. The alarm shall
pressure, sonar, laser, and infrared type alarms. A swimming protection alarm
feature designed for individual use, including an alarm attached to a child that
sounds when the child exceeds a certain distance or becomes submerged in
water, is not a qualifying drowning prevention safety feature.
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.
Exceptions:
1. Public swimming pools.
2. Hot tubs or spas with locking safety covers that comply with the ASTM ES 13-
89. b)]
3. An apartment complex, or any residential setting other than a single-family
home.
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16.18.150 Section 305.10 Enclosure.
Section 305.10 of the International Swimming Pool and Spa Code is hereby added to read:
305.10 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.
2. A minimum height of 60 inches (1524 mm).
3. A maximum vertical clearance from the ground to the bottom of the enclosure of
2 inches (51 mm).
4. Gaps or voids, if any, do not allow passage of a sphere equal to or greater than 4
inches (102 mm) in diameter.
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.
16.18.160 Section 310.2 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 outlets 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
paragraphs (2) and (3).
(2) The swimming pool or spa shall either have at least two circulation suction
outlets per pump that shall be hydraulically balanced and symmetrically plumbed
three feet in any dimension between the suction outlets, or be designed to use
alternatives to suction outlets, including, but not limited to, skimmers or perimeter
overflow systems to conduct water to the recirculation pump.
(3) The circulation system shall have the capacity to provide a complete turnover of
pool water, as specified in Section 3124B of Chapter 31B of the California Building
Standards Code (Title 24 of the California Code of Regulations).
(4) Suction outlets shall be covered with anti-entrapment grates, as specified in the
ANSI/APSP-16 performance standard or successor standard designated by the
federal Consumer Product Safety Commission, that cannot be removed except with
the use of tools. Slots or openings in the grates or similar protective devices shall be
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of a shape, area, and arrangement that would prevent physical entrapment and
would not pose any suction hazard to bathers.
(5) Any backup safety system that an owner of a new swimming pool or spa may
choose to install in addition to the requirements set forth in subdivisions (a) and (b)
United States Consumer Product Safety Commission.
16.18.170 Section 316.2.1 Certification and installation.
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 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. Covers. A cover for outdoors pools or outdoor spas.
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3. Directional inlets. The swimming pool shall have directional inlets that
adequately mix the pool water. [CEnC 110.4(b)3i]
16.18.180 Section 504.1 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]
16.18.190 Section 903 to 908.
Section 903 to 908 of the International Swimming Pool and Spa Code are added as follows:
SECTION 903
MATERIALS
903.1 Pumps and motors. Pumps and motors shall be listed and labeled for use in spas.
SECTION 904
STRUCTURE AND DESIGN
904.1 Water depth. The maximum water depth for spas shall be 4 feet (1219 mm) measured
from the design waterline except for spas that are designed for special purposes
and approved by the authority having jurisdiction. The water depth for exercise spas shall not
exceed 6 feet 6 inches (1981 mm) measured from the design waterline.
904.2 Multilevel seating. Where multilevel seating is provided, the maximum water depth of
any seat or sitting bench shall be 28 inches (711 mm) measured from the design waterline to
the lowest measurable point.
904.3 Floor slope. The slope of the floor shall not exceed 1 unit vertical in 12 units horizontal
(8.3-percent slope). Where multilevel floors are provided, the change in depth shall be
indicated.
SECTION 905
PUMPS AND MOTORS
905.1Emergency 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 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.
905.2 Timer. The operation of the hydrotherapy jets shall be limited by a cycle timer having a
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maximum setting of 10 minutes. The cycle timer shall be located not less than 5 feet (1524 mm)
away, adjacent to, and within sight of the spa.
SECTION 906
RETURN AND SUCTION FITTINGS
906.1 Return fittings. Return fittings shall be provided and arranged to facilitate a uniform
circulation of water and maintain a uniform sanitizer residual throughout the entire spa or
exercise spa.
906.2 Suction fittings. Suction fittings shall be in accordance with Sections 505.2.1 through
505.2.4.
906.2.1 Testing and certification. Suction fittings shall be listed and labeled in
accordance with APSP 16.
906.2.2 Installation. Suction fittings shall be sized and installed in accordance with the
pas shall not be used or operated if
the suction outlet cover is missing, damaged, broken or loose.
906.2.3 Outlets per pump. Suction fittings shall be provided in accordance with Section
310.
906.2.4Submerged vacuum fittings. Submerged vacuum fittings shall be in accordance
with Section 310.
SECTION 907
HEATER AND TEMPERATURE REQUIREMENTS
907.1 General. This section pertains to fuel-fired and electric appliances used for heating spa or
exercise spa water.
907.2 Water temperature controls. Components provided for water temperature controls shall
be suitable for the intended application.
907.2.1 Water temperature regulating controls.
Water temperature regulating controls shall comply with UL 873 or UL 372. A means shall
be provided to indicate the water temperature in the spa.
Exception: Water temperature regulating controls that are integral to the heating
appliance and listed in accordance with the applicable end use appliance standard.
907.2.2Water temperature limiting controls. Water temperature limiting controls shall
comply with UL 873 or UL 372. Water temperature at the heater return outlet shall not
exceed 140°F (60°C).
SECTION 908
WATER SUPPLY
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908.1Water temperature.
The temperature of the incoming makeup water shall not exceed 104°F (40°C).
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
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.
SECTION 4. This Ordinance shall be effective on the thirty-first day after the date of its
adoption.
INTRODUCED: October 17, 2022
PASSED: November 14, 2022
AYES: BURT, CORMACK, DUBOIS, FILSETH, KOU, STONE, TANAKA
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Planning and Development Services
____________________________
Director of Administrative Services
Certificate Of Completion
Envelope Id: D7A3D7A742E54B7B93989ECE93D9649F Status: Completed
Subject: DocuSign: Adoption of 9 Ordinances Related to the 2022 CA Building Codes
Source Envelope:
Document Pages: 173 Signatures: 55 Envelope Originator:
Certificate Pages: 3 Initials: 0 Vinhloc Nguyen
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
Vinhloc.Nguyen@CityofPaloAlto.org
IP Address: 199.33.32.254
Record Tracking
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11/21/2022 11:02:42 AM
Holder: Vinhloc Nguyen
Vinhloc.Nguyen@CityofPaloAlto.org
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Albert Yang
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Assistant City Attorney
City of Palo Alto
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Geoffrey Blackshire
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Fire Chief
Fire Services
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Director of Public Works
City of Palo Alto
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Kiely Nose
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Director, Administrative Services/CFO
City of Palo Alto
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Jonathan Lait
Jonathan.Lait@CityofPaloAlto.org
Interim Director Planning and Community
Environment
City of Palo Alto
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Ed Shikada
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Ed Shikada, City Manager
City of Palo Alto
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Patrick Burt
pat@patburt.org
Mr
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Lesley Milton
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City Clerk
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