Appendix 3401. Barriers for swimming pools, spas and hot tubs.
Notwithstanding the provisions of section 3400, Title 11, Division 2, General Hazards Ordinance, of the Los Angeles County Code, as of April, 1983, is hereby amended by addition the following provisions, Barriers for Swimming Pools, Spas and Hot Tubs, which shall supersede and control over any conflicting pool enclosure regulations contained in section 3400.
(a)
The provisions of this section apply to the design and construction of barriers for swimming pools, spas, and hot tubs provided for the use by no more than three (3) families and their guests.
(b)
Definitions. For the purpose of subsection (c), certain terms, words, and phrases are defined as follows:
(1)
Above-ground/on-ground pool. See definition of swimming pool.
(2)
Barrier is a fence, wall, building wall, safety cover complying with American Society for Testing Materials (ASTM) Standard F 1346-91 or a combination thereof, which completely surrounds the swimming pool and obstructs access to the swimming pool, spa, or hot tub. When approved by the enforcement agency, barriers may also incorporate natural or manmade features, such as topography, waterways, restricted areas, and similar features, including geographically isolated areas which provide an effective access barrier to the pool area.
(3)
Grade is the finished surface of the ground, paving or sidewalk adjoining the swimming pool, spa, or barrier as applicable.
(4)
Hot tub. See definition of spa.
(5)
In-ground pool. See definition of swimming pool.
(6)
Pedestrian gate is a single leaf opening in a separation fence or barrier intended to permit property owners or their guests to access the swimming pool, spa, or hot tub. No pedestrian gate shall be more than four (4) feet (1220 mm) in width.
(7)
Separation fence is a barrier which separates all doors of a dwelling unit or building accessory thereto with direct access to a swimming pool, spa, or hot tub from that swimming pool, spa, or hot tub.
(8)
Spa is a structure intended for recreational bathing, designed to contain water over eighteen (18) inches (457mm) deep with outside dimensions not exceeding one hundred sixty (160) square feet (14.72 square meters).
(9)
Swimming pool is any structure intended for swimming or recreational bathing that is designed to contain water over eighteen (18) inches (457mm) deep. This includes in-ground, above-ground, and on-ground swimming pools and fixed-in-place wading pools, and excludes spas.
(10)
Swimming pool, outdoor is any swimming pool which is totally outside the residential structure.
(c)
Outdoor swimming pool. An outdoor swimming pool, hot tub, or spa shall be provided with a barrier. With respect to the installation or construction of an outdoor swimming pool, spa, or hot tub, the building official shall require that prior to the plastering thereof that the barrier be installed, inspected, and approved.
Outdoor swimming pools with electrically operated or manual tracking safety covers that comply with ASTM Standard F 1346-91, shall not be required to provide other barriers. When electrically operated safety covers are provided, the control for the pool cover shall be mounted at least fifty-four (54) inches above grade.
When barriers are required, the barrier shall comply with the following:
1.
The top of the barrier shall be at least sixty (60) inches (1,525mm) above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be two (2) inches (51mm) measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance at the bottom of the barrier may be increased to four (4) inches (102mm) when grade is a solid surface impenetrable by a child such as a concrete deck. Where the barrier is mounted on top of the above-ground pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be four (4) inches. When barriers have horizontal members, the tops of which are spaced less than forty-five (45) inches (1,143mm) apart, 1) the horizontal members shall be placed on the pool side of the barrier; and 2) spacing between vertical members shall not exceed 1¼ inches in width. Any decorative design work on the side away from the swimming pool, such as protrusions, indentations, or cutouts, which render the barrier easily climbable, are prohibited.
Exceptions.
a.
For fencing composed of vertical and horizontal members, the spacing between vertical members may be increased up to four (4) inches (102mm) when the distance between the tops of horizontal members is forty-five (45) inches (1,143mm) or more.
b.
Existing fences surrounding property at the pool area, which are at least sixty (60) inches above grade, measured on the side of the barrier which faces away from the swimming pool, have a maximum vertical clearance between grade and the bottom of the barrier of two (2) inches and have no openings that will allow the passage of a four-inch diameter sphere are permitted.
2.
When chain-link fences are used as the barrier, openings shall not exceed 1¼ inch (32mm) I.D. on the parallel wire × 1¾ inch (44mm) I.D. on the diagonal. The wire size shall not be smaller than eleven (11) gauge.
Exception
Maximum mesh size for chain-link fences shall be 1¼ inch square unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to no more than 1¾ inches.
3.
Access gates shall comply with the requirements of Items 1 and 2 and shall be equipped to accommodate a locking device. All pedestrian gates shall open outward away from the pool and shall be self-closing and have a self-latching device. Where the release mechanism of the self-latching devices is located less than fifty-four (54) inches (1,395mm) from grade, 1) the release mechanism shall be located on the pool side of the barrier at least three (3) inches (76mm) below the top of the gate; and 2) the gate and barrier shall have no opening greater than ½ inch (13mm) within eighteen (18) inches (465mm) of the release mechanism. Gates other than pedestrian access gates shall not be permitted unless it can be shown, to the satisfaction of the Building Official, that due to the gates limited use it can be equipped with lockable hardware or padlocks which shall remain locked at all times when not in use.
4.
Where a wall of a dwelling or buildings accessory to the dwelling serves as part of the barrier, and contains door openings providing direct access to the pool, those door openings shall be protected by one of the following means:
a.
A self-closing and self-latching device installed on all doors with the release mechanism located a minimum of fifty-four (54) inches (1,377mm) above the floor.
b.
An alarm capable of providing a sound pressure level of not less than eighty-five (85) dba when measured indoors at a distance of ten (10) feet (3,050mm). The alarm shall sound when any door or window, and its screen, if present, are opened or left ajar and shall sound continuously for a minimum of ten (10) seconds after the door or window is closed than automatically reset. The alarm shall be equipped with a manual reset, such as a touchpad or switch, located on the interior side of the wall not less than forty-eight (48) inches (1220mm) above the threshold of the door to permit entry and exiting without activation of the alarm. The alarm shall automatically reset under all conditions. The alarm shall be connected to the building wiring.
c.
Other means of protection may be acceptable so long as the degree of protection afforded is substantially the same as that afforded by any of the devices described above. When other means of protection are authorized by the Building Official, all findings which support the decision shall be filed with the building permit as part of the permanent record.
d.
Where an above-ground pool structure is used as a barrier or where the barrier 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 by a barrier which meets the requirements of Items 1 through 4 of Section 3.1. When the ladder or steps are secured, locked, or removed, any opening created shall be protected by a barrier complying with Items 1 through 4 of Section 3.1.
(d)
Spas and hot tubs. A spa or hot tub with a locking safety cover which complies with the ASTM-ES 13-89 shall not be required to provide other barriers. Where a locking safety cover is not provided, the spa or hot tub shall comply with the requirements of section 3.1.
(Ord. No. 266, § 1, 12-18-96)