County Ord 421 Certain Evacuations to be CoveredORDINANCE NO. 421
(AS AMENDED THROUGH 421.6)
AN ORDINANCE OF THE COUNTY OF RIVERSIDE AMENDING
ORDINANCE NO. 421 REQUIRING CERTAIN EXCAVATIONS TO BE
COVERED AND PROVIDING FOR SWIMMING POOL SAFETY
The Board of Supervisors of the County of Riverside, State of California, does ordain that
Ordinance 421.5 is amended in its entirety as follows:
Section 1. Purpose
The purpose of this ordinance is to protect the public health, safety and welfare by requiring:
(1) swimming pools, or spas and similar structures eighteen inches or more in depth
designed for wading, swimming or other recreational purposes located on any premise within
the County of Riverside to be enclosed in the manner prescribed herein; and (2) any
cesspool, seepage pit, well or similar type of shaft, having a diameter in excess of eight
inches to be securely covered at all times when the same is unattended.
Section 2. Definitions
For the purpose of this ordinance, the following definitions are applicable:
A. "ABOVE GROUND or ON -GROUND POOL" - See definition of "swimming pool."
B. "APPROVED SAFETY SWIMMING POOL COVER" means a power -operated safety
pool cover that meets all of the performance standards of the American Society for
Testing and Materials International (ASTM), in compliance with Underwriters
Laboratories Inc. (UL) Standard F 1346-91, Standard Performance Specification
Covers and Labeling Requirements.
C. "BARRIER" is a permanent fence, enclosure, wall, building wall or combination
thereof that completely surrounds the swimming pool and obstructs access to the
swimming pool.
D. "COUNTY" means the County of Riverside.
E. "GRADE" is the underlying surface, such as earth or a walking surface.
F. "GROUP R, DIVISION 3 OCCUPANCY" means dwellings and lodging houses not
including hotels or apartment houses.
G. "HOT TUB" - See definition of "spa, non self-contained" and "spa, self-contained."
H. "PERMANENT FENCE OR ENCLOSURE" is a wall, building wall or combination
thereof that is fixed firmly, firm, established, safe, secure, constant and even, long
lasting.
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"PERMANENT SWIMMING POOL or SPA COVER" is a cover that is equipped with
manual or electrical source or system and is approved from a recognized testing
Welial
J. "SEPARATION FENCE" is a barrier that separates all doors of a dwelling unit with
direct access to a swimming pool from the swimming pool.
K. "SPA, NONSELF-CONTAINED" is a hydromassage pool or tub for recreational or
therapeutic use, not located in health-care facilities, designed for immersion of users
and usually having a filter, heater and motor -driven blower. It may be installed indoors
or out doors, on the ground or on a supporting structure, or in the ground or in a
supporting structure. A nonself-contained spa is intended for recreational bathing and
is eighteen (18) inches or more in depth.
L. "SPA, SELF-CONTAINED" is a continuous -duty appliance in which all control, water -
heating and water -circulating equipment is an integral part of the product, located
entirely under the spa skirt. A self-contained spa is intended for recreational bathing
and is eighteen (18) inches or more in depth.
M. "SWIMMING POOL" is any constructed or prefabricated structure intended for
swimming or bathing, eighteen (18) inches or more in depth. Such structure includes
in -ground, aboveground and on -ground swimming pools, and fixed -in-place wading
pools, regardless of the presence of any water.
N. "SWIMMING POOL, INDOOR" is a swimming pool that is totally contained within a
structure and surrounded on all four sides by walls of said structure.
O. "SWIMMING POOL, OUTDOOR" is any swimming pool that is not an indoor pool.
Section 3. Barrier Requirements — Every person in possession of land within the County,
either as owner, purchaser under contract, lessee, tenant or licensee, upon which is situated
a swimming pool, spa or similar facility, shall meet the following requirements:
3.1 Outdoor Swimming Pool — An outdoor swimming pool shall be provided with a
barrier that shall comply with all of the followings:
3.1.1 The top of the barrier shall be at least sixty (60) inches above grade measured on the
side of the barrier that faces away from the swimming pool. The maximum vertical clearance
between grade and the bottom of the barrier shall be 2 inches measured on the side of the
barrier that faces away from the swimming pool. The maximum vertical clearance at the
bottom of the barrier may be increased to 4 inches when grade is a solid surface such as a
concrete deck, or when the barrier is mounted on the top of the aboveground pool structure.
When barriers have horizontal members spaced less than 45 inches apart, the horizontal
members shall be placed on the pool side of the barrier.
3.1.2 On the side away from the swimming pool, the barrier shall be free of protrusions,
indentations, cavities, cutouts, or other physical characteristics which render the barrier
easily climbable.
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3.1.3 Openings in the barrier shall not allow passage of a one and three quarter (1 %) inch
diameter sphere.
Exceptions:
A. When vertical spacing between such openings is 45 inches or more, the opening
size may be increased such that the passage of a 4 -inch -diameter sphere is not
allowed.
B. For fencing composed of vertical and horizontal members, the spacing between
vertical members may be increased up to 4 inches when the distance between the
tops of horizontal members is 45 inches or more.
3.1.4 Chain link fences used as the barrier. Maximum mesh size for chain link fences shall
be a one and one-fourth inch square unless the fence is provided with slats fastened at the
top or the bottom, which reduce the openings to no more than one and three-fourths inches.
All chain link fence wires shall not be less than eleven (11) gauge.
3.1.5 Access gates shall comply with the requirements of Items 3.1.1 through 3.1.4.
Pedestrian access gates shall be self-closing and have a self -latching device. Where the
release mechanism of the self- latching device is located less than 54 inches from the
bottom of the gate, (1) the release mechanism shall be located on the pool side of the barrier
at least 3 inches below the top of the gate, and (2) the gate and barrier shall have no
opening greater than 1/2 inch within 18 inches of the release mechanism. Pedestrian gates
shall swing away from the pool. Any gates other than pedestrian access gates shall be
equipped with either (1) a permanent automatic closing device or system with electrical
power source; or (2) lockable hardware or padlocks. These gates shall remain locked at all
times when not in use.
3.1.6 Where a wall of a Group R, Division 3 Occupancy dwelling unit serves as part of the
barrier and contains door openings between the dwelling unit and the outdoor swimming
pool that provide direct access to the pool, a separation fence meeting the requirements of
Sub -Sections 3.1.1 through 3.1.5 shall be provided.
Exceptions: When approved by the Building Official or his designees performing the
inspection, one or both of the followings may be used:
A. Self-closing and self -latching devices installed on all doors (except sliding glass
doors) with direct access to the pool with the release mechanism located a minimum
of fifty-four (54) inches above the floor.
B. An alarm installed on all doors, including sliding glass doors, with direct access to
the pool. The alarm shall sound continuously for a minimum of thirty (30) seconds
within seven seconds after the door and its screen, if present, are opened, and be
capable of providing a sound pressure level of not less than 85 decibels (dBA) when
measured indoors at 10 feet. The alarm shall automatically reset under all conditions.
The alarm system shall be equipped with a manual means, such as a touchpad or
switch, to temporarily deactivate the alarm for a single opening. Such deactivation
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shall last no longer than fifteen (15) seconds. The deactivation switch shall be located
at least fifty-four (54) inches above the threshold of the door.
3.1.7 Where an aboveground 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 that meets all the requirements of
Sub -Sections 3.1.1 through 3.1.6. When the ladder or steps are secured, locked or
removed, any opening created shall be protected by a barrier complying with Sub -Sections
3.1.1 through 3.1.6.
Section 4. For an indoor swimming pool, protection shall comply with the requirements of
Sub -Section 3.1.6.
Section 5. For a nonself-contained and self-contained spa or hot tub, protection shall
comply with the requirements of Section 3.
Exception: A self-contained spa or hot tub equipped with a listed safety cover which
complies with the American Society for Testing and Material -Emergency Performance
Specification (ASTM F1346-91) shall be exempt from the requirements of Section 3.
Section 6. Pool Inspection Approval
All plans hereafter submitted to the Building and Safety Division for pools to be constructed
shall clearly indicate compliance with codes, ordinances and regulations then in effect where
health, safety and welfare are involved. Pre -plaster inspection shall be required, at which
time all requirements of Section 3 of this ordinance shall be installed to the satisfaction of the
building inspector before permission is granted for the plastering and filling of said pool.
Section 7. Outlets and Drains
Whenever a construction permit is issued for the construction of a new swimming pool or
spa, the pool or spa shall meet all of the following requirements:
A. 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).
B. 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.
C. Suction outlets that are less than 12 inches across shall be covered with anti -
entrapment grates that cannot be removed except with the use of tools. Slots
or openings in the grates or similar protective devices shall be of a shape,
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area, and arrangement that would prevent physical entrapment and would not
pose any suction hazard to bathers.
Section 8. Excavations
Every person who digs or excavates any cesspool, seepage pit, trench for geotechnical
testing, well or similar type of shaft, having a diameter in excess of 8 inches and intended
upon completion to be covered or otherwise protected in such a manner as will prevent
persons from falling into the same, shall, during the digging or excavation thereof and until
the same, shall have been completed and permanently covered or otherwise protected, keep
said excavation securely covered, at all times when the same is unattended with a cover
consisting of at least two thicknesses of 3/4 inch exterior ply board, or its equivalent in
strength, with at least one foot of earth completely covering the same.
Section 9. Regulation of Agricultural -Use Sumps, Ponds and Detention Basins
No person, shall use, maintain or cause to be created, as a part of the processing for market
of potatoes or any other agricultural product, any water sump, pond or detention basin
unless such water sump, pond or detention basin is completely surrounded by an enclosure
not less than five (5) feet in height with a locked gate. The gate may be unlocked only when
employees are on duty and require uninterrupted access. The enclosure shall be constructed
of chain link fencing of not less than 14 -gauge and 2 -inch mesh, or of concrete, masonry,
wood or other solid material constructed to withstand 15 pounds per square foot of uniform
horizontal load, and shall be constructed so as to discourage climbing by small children.
Section 10. Enforcement
The procedures, remedies and penalties for violation of this ordinance and for recovery of
costs related to enforcement are provided for in Riverside County Ordinance No. 725, which
is incorporated herein by this reference.
Section 11. CONFLICT BETWEEN ORDINANCE REQUIREMENTS
If there is any conflict in the requirements of this ordinance or between the requirements of
this and any other ordinance, the more stringent requirements shall apply.
Section 12. SEVERABILITY
If any provision of this ordinance or the application thereof to any person or circumstance is
held invalid, the remainder of the ordinance and application of such provision(s) to other
persons or circumstances shall not be affected.
Section 13. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of any other ordinance in which
violations were committed prior to the effective date hereof, shall be construed as a waiver of
any license
or penalty or the penal provisions application to any violation thereof. The provisions of the
ordinance, insofar as they are substantially the same as ordinance provisions previously
adopted by the County relating to the same subject matter, shall be construed as
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restatements and continuations, and shall not be construed as a new enactment unless
substantial revisions or provisions are required by the ordinance.
Section 14. SECTION HEADINGS
The section headings herein are for convenience only, and shall not be deemed to govern,
limit, modify or in any manner affect the scope, meaning or intent of the provisions or
language of this ordinance.
Section 15. EFFECTIVE DATE
This ordinance shall take effect 30 days after the date of adoption.
Adopted: 421 02/28/1955 (Eff: Urgency)
Amended: 421.1
05/02/1966 (Eff: 05/31/1966)
421.2
06/26/1967 (Eff: 07/25/1967)
421.3
01/31/1978 (Eff: 03/02/1978)
421.4
Item 3.2b of 02/21/1989 (Eff: 03/23/1989)
421.5
Item 3.4 of 03/30/1993 (Eff: 04/30/1993)
(725 —
Amds Sec. 2) (Eff: 10/26/2000)
421.6
Item 3.17 of 03/07/2006 (Eff: 04/06/2006)
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