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ORDINANCE NO .2 jL'<:r /
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3 I AN ORDINANCE OF THE CITY OF SAN BERNARDINO REGULATING
4 I THE FENCING, CONSTRUCTION, AND MAINTENANCE OF SWIMMING POOLS.
II THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
5 II BERNARDINO DO ORDAIN AS FOLLOWS:
6 I SECTION ONE: PUBLIC POLICY.
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7 I: determined that private swimming pools shall be fenced as a pre-
It is found, declared, and
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cautionary measure to prevent sevemhazard to the health, safety,
and welfare of the inhabitants of the City of San Bernardino, par-
ticularly children.
SECTION TWO: PERSON DEFINED. For the purpose of this
Ordinan~e the term "person" shall include, but not be limited to,
any individual, firm, association, partnership, trust, corporation,
political subdivision within the City of San Bernardino, or other
form of organization whether operating for profit or otherwise.
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SECTION THREE: CONTROL.
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(a) Each person in possession of land within
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the City of San Bernardino, either as owner,.,purchaser
under contract, lessee, tenant, licensee or otherwise,
upon which is situated a swiDlh1lla pool or other out-of-
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doors body of water designed, oeb.tructed and used for
swimming, dipping, or immersion purposes by men, women,
or children, having a depth in excess of twelve (12)
inches, shall maintain on the lot or premises upon which
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such pool or body of water is located and completely I
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surrounding such pool or body of water, a fence or wall I
not less than four (4) feet in height; there shall be
no openings, holes, or gaps therein larger than four
(4) inches square; such openings, hfQles, or gaps shall
not be constructed or maintained in a horizontal series
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so as to constitute steps or other means of access,
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provided, however, that if a picket fence is erected
or maintained, the openings or spaces between the
pickets shall not exceed four (4) inches; and provided,
further, that a dwelling house or accessory building
may be used as part of such enclosure, fence, or wall.
(b) All gates or doors opening through
such enclosure shall not be less than four (4) feet
high and shall be equipped with a self-closing and
self-latching device designed to keep, and capable of
keeping such door or gate securely closed at all times
when not in actual use; provided, however, that the
door of any dwelling occupied by human beings and
forming any part of the enclosure hereinabove required
need not be so equipped.
(c) Any swimming pool constructed after
the effective date of this Ordinance shall be con-
structed so that there shall be at least five (5)
feet between the main building and the swimming
pool, and there shall be at least five (5) feet
between any auxiliary building and the swimming
pool, and there shall be at least five (5) feet
between a side lot line or a rear lot line and the
swimming pool, except that lesser distances may be
permitted between a swimming pool and a building,
if the swimming pool is so designed as to maintain
the structural integrity of the buildings or
structure involved.
SECTION FOUR: NEW CONSTRUCTION.
(a) The point of beginning of the shallow
end of any pool shall not exceed three feet six
inches (3'6"). (Training pools may be approved
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with greater depth at the shallow end.)
(b) Bottom slope and grade breaks
on rectangular, kidney and similar shaped pools
shall be not more than one and one-half inches
(1 1/2") in twelve inches (12") to five feet (5')
in depth.
(c) Bottom slope from five feet (5')
depth break point shall not exceed three inches
(3") in twelve inches (12").
(d) Side wall completely around pool
shall be vertical for two feet six inches (2' 6")
from water line before wall may be curved to the
bottom.
(e) Radius at deep end shall not exceed
six feet (6'0") at base of a two feet six inches
(2'6") vertical section. (Including both sides
and end of pool.)
(f) Round pools may have a bottom slope
of three inches (3") in twelve inches (12") from
vertical side wall section to center of pool.
(g) All pools shall be equipped with
an approved type skiDmer.
(h) Pools with diving board shall have a
depth of not less than eight feet (8'0") at deep
end.
(i) All pools shall have a minimum area
of total steel reinforcement of not less than 0.002
times the gross cross section area of the wall or
slab.
(j) All electrical installations provided
for, installed, maintained or used in conjunction with
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private residential swimming pools, shall be in
conformance with the ordinances regulating electrical
installations.
(k) All metal fences, enclosures, rail-
ings, or other fixtures near or adjacent to
swimming pools, which might become eJ~ically
alive as a result of contact with broken overhead
conductors or from any other cause, shall be
effectively grounded.
SECTION FIVE: PLAJIIS. All plans submitted to the City
II of San Bernardino for swt.ming pools to be constructed shall show
12 compliance with the requirements of Section One hereof, and final
13 :: inspection and approval of all pools hereafter constructed shall
lofbe withheld until all requirements of the preceding Section shall
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SECTION SIX: SWIMMING POOL EXEMPTIONS.
(a) The provisions of Section One shall
not apply to the public swimming pools for which a
charge or admission price is required for use
thereof.
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(b) The provisions of Section One shall
not apply where a swimming pool or pools are a
part of and located upon the premises for a hotel,
motel, or trailer park consisting of twenty (20)
or more units, where the owner, operator, or an
adult employee of such owner or operator is present
at and in active charge of such premises upon which
such pool is located twenty-four (24) hours each
day.
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(c) All swiuRing poillls which are com-
pletely contained within the walls of a building shall
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W II mitting or responsible for the violating of any of the provisions
31 Ii of this Ordinance shall be guilty of a misdemeanor, and upon con-
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32 Ii viction thereof shall be punished by a fine of not more than Five
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be exempt from the provisions of the fencing
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requirements.
SECTION SEVEN: MODIFICATIONS AND VARIANCES. The owner
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of any swimming pool may requQe approval of modifications or
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variances from the fencing requirements by submitting to the
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Superintendent of the Department of Building and Safety written
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application for such modifications or variances, setting forth a
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description of such pool and an alternate safeguard or condition
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of the site by which entry into said swimming pool may
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or prevented.
The Superintendent may approve such alternate safe-
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guard or obstruction upon finding that one of the following
conditions exists:
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(a)
That the physical conditions of the site
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would make the erection of a fence or wall impractical or
purposeless.
(b) That the proposed limitation of access or
conditions of control thereof which would be continuously
effective would accomplish the intent of the fencing
requirements.
(c) That the degree of protection afforded by
the substitute devices or structures is not less than the
protection afforded by the wall, fence, gate, and latch
described herein.
SECTION EIGHT: EXISTING POOLS. Swimming pools in
existence on the effective date of this Ordinance shall be fenced
in accordance with the requirements of this Ordinance on or before
July 1, 1962.
SECTION NINE:
PENALTIES.
Any person violating or per-
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1 il Hund}"ed Dollars ($500) or by imprisonment in the City Jail of the
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City of San Bernardino, or in the County Jail of the County of San
Bernardino, California, as the committing magistrate may direct,
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for a period of not more than six (6) months, or
and imprisonment. Every such person continuing,
by both such fine
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committing, or
permitting the violation of any provisions of this Ordinance shall
be deemed guilty of a separate offense for each and every day or
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portion of any day during which any violation of any provision of
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this Ordinance is committed or permitted.
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reason held to be invalid or unconstitutional by the decision of I
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any Court of competent jurisdiction, such decision shall not affect I
the validity of the remaining portions of the Ordinance. The I
Common Council hereby declares that it would have passed this
SECTION TEN:
CONSTITUTIONALITY.
If any section, sub-
section, sentence, clause or phrase of this Ordinance is for any
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I Ordinance, and each section, subsection, sentence, clause and
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! phrase hereof, irrespective of the fact that anyone or more of
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the sections, subsections, sentences, clauses or phrases hereof be
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declared invalid or unconstitutional.
SECTION ELEVEN: Ordinance No. 2127 is hereby repealed.
I HEREBY CERTIFY that the foregoing Ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino ,at a ), T' e~1./
on th~/z~t('/ day of ?~ i
to wit:
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AYES: ~/ilmen~~~~;-~.k~ d.:",-74~7
//U?~~ dAb/ ,/ ,,'
NOES: )t~--:/~<-- / ABSENT: ;nh-U--
meeting thereof held
, 1962, by the following vote,
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ity C erk
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The foregoing Ordinance is hereby approved this .~~
~A";'! . 1962.
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Approved as to form:
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FI LED
A'P'R 4; 1862
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