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ORDINANCE NO.
,f3l~
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING ORDI-
NANCE NO. 2431 ENTITLED IN PART "AN ORDINANCE . . . REGULATING
:3 THE. FENCING, CONSTRUCTION AND MAINTENANCE OF SWIMMING POOLS";
AND MODIFYING THE REQUIREMENTS THEREOF.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
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SECTION 1. Ordinance No. 2431 Section Three Subsection
(a) is hereby amended to read as follows:
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U(a) Each person in possession of land within the City
of San Bernardino, either as owner, purchaser under contract,
Lessee, tenant, licensee or otherwise, upon which is situated a
swimming pool or other out-of-doors body of water designed, con-
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structed or used for swimming, dipping, or immersion purposes by
men, women, or children, having a depth in excess of twelve (12)
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inches, shall maintain on the lot or premises upon which such
pool or body of water is located and completely surrounding such
pool or body of water, a fence or wall not less than four (4)
feet in height; there shall be no openings, holes, or gaps therein
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larger than four (4) inches square; such openings, holes, or
gaps shall not be constructed or maintained in a horizontal series
so as to constitute steps or other means of access, provided,
however, that if a picket fence or fence constructed of vertical
members is erected or maintained, the open space between the
pickets or vertical members shall not exceed four (4) inches
horizontally and be not less than thirty-six (36) inches vertically.
and provided, further, that a dwelling house or accessory building
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may be used as part of such enclosure, fence or wall.u
SECTION 2. Ordinance No. 2431 Section Three Subsection
(c) is hereby amended to read as follows:
U(c) Any swimming pool constructed after the effective
date of this Ordinance shall be constructed so that there shall
be at least five (5) feet between the inside or poolside face of
tae swimming pool and side or rear lot line. No mechanical
1 equipment shall be placed nearer than five (5) feet to any side
2 lot line."
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SECTION 3. Ordinance No. 2431 Section Three is hereby
4 amended by adding thereto Subsection (d) to read as follows:
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"(d) Any person desiring to locate a pool fence adjacent
6 to a nonconforming fence, shall maintain a space of at least
7 thirty (30) inches between the pool fence and a nonconforming
8 fence. The space between the fences shall be accessible for
9 maintenance and cleaning. For the purpose of this subsection
10 a ipoo1 fencei shall be deemed to mean a fence or wall complying
11 with the requirements of this Ordinance."
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13 amended to read as follows:
SECTION 4. Ordinance No. 2431 Section Five is hereby
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"SECTION FIVE: SOILS ENGINEERING REPORTS. Prior to
issuance of a swimming pool permit, the Building Official may
require that the swimming pool plans shall be reviewed by an
approved soils engineer. All reports shall be subject to approval
by the Building Official, and supplemental reports and data may
be required as he may deem necessary. Recommendations included
in the report and approved by the Building Official shall be
incorporated in the swimming pool plans by the permittee.
Swimming pools constructed of materials that are subject
to failure by deterioration, tears or rips, shall not be so
located so that a failure would possibly endanger any private
property or result in the deposition of debris on any public way."
SECTION 5. Ordinance No. 2431 Section Four is hereby
repealed.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San Bernar-
dino at a/J1 4~J/)/77/d /1If,lAA/ meeting thereof held on the
~ day of A6"Nm/M/ , 1969 by the following vote, to wit:
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AYES:
Councilmen r;:f/lfl~h7N/,- -13d"h/J~ ~/:4-71.fl~
.Jd1;~nBt?j/, ~jJ/n! ~rjt, &nMvr/
1A77/ /
1rJ1t' /
NOES:
ABSENT:
9 of
The foregoing ordinance is hereby
~~/7I7IJ.//)/ , 1969.
.2di day
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14 Approved as to form:
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16 ( ~,~4",.c
C1.ty orney
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Mayor ~~(l ~It -1nardinO
FILED
Dfe 9 1969
I.U~E GOF"ORTH, ClIrCllll
"~t".(.r:::._
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