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Ord 90-056 0072.040.002 DAS/naa 03/15/90 R:O4/20/90 ORDINANCE NO. QO-'ifj AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING SAFETY REQUIREMENTS FOR SWIMMING POOLS, HOT TUBS OR SPAS AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City Council has determined that it is in the interest of the public health, welfare and safety to adopt safety standards for swimming pools, NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1, Fences and Gates Reauired. Every person whether as owner, purchaser under contract, lessee, tenant or licensee in possession of land within the city upon which is situated a swimming pool, hot tub or spa in excess of 18 inches in depth, including portable pools, shall at all times maintain on the lot or premises upon which such pool is located and completely surrounding such pool, lot or premises, a fence or other solid structure designed to prevent small children from inadvertently wandering into the pool. Such fence or other solid .structure shall be not less than five feet in height with no opening (other than doors or gates) except as follows: A. For a fence or other solid structure whose chief covering members are constructed in a vertical direction, there shall be no openings ~n a horizontal direction of more than four inches. For a fence of this type there shall be no more than DASO125901 -1- COpy three horizontal members. B. For a fence or other solid structure whose chief covering members are constructed in a horizontal direction there shall be no openings in a vertical direction. c. All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device designated to keep, and capable of keeping, such door or gate securely closed at all times when not in actual use and to prevent a small child from opening such door or gate; provided, however, that the door of any dwelling occupied by human beings, and forming any part of the enclosure herein above required, need not be so equipped. All latches or locking devices on doors or gates as required by this section shall be installed not less than four feet, 6 inches, above the adjoining walks, steps or ground level. No self-closing gate required by this section shall have a width in excess of four feet unless the design is specifically approved by the city Building Official. In no event shall a gate which serves a driveway qualify as a self-closing gate for the protection of swimming pools under the requirements of this section. section 2, Fences. exception - Inaccessibility. The requirements of this ordinance relating to a fence or other solid structure surrounding a swimming pool, hot tub or spa on all sides may be waived to the extent that the topographical features of the land upon which the pool is constructed or is proposed to DASOl2590l -2- be constructed are such as to make the land inaccessible and unapproachable from any portion thereof which is unfenced and unenclosed. section 3. Fences. exceDtions - Covered Dools. All permanent swimming pool covers shall be considered adequate enclosure protection as required in this ordinance provided that: A. All exterior openings are constructed as herein required for gates; and B. Exterior walls are solid and impenetrable. Pool cover structures shall conform to all requirements of the city of Federal way Building Code in effect at the time of construction. All hot tub and spa covers shall be considered adequate enclosure protection as required by this ordinance, provided that when not in use, hot tubs or spas are covered by a solid cover capable of supporting fifty (50) pounds. section 4, Excavation walls: Distance from sloDe: Walkway. swimming pool excavations and swimming pools partially completed shall be protected and guarded against danger to life and property. Such excavations shall have walls of masonry or concrete of sufficient strength to retain the embankment together with any surcharged loads. No swimming pool or swimming pool . excavation shall extend within one foot of the angle of repose or natural slope of the soil under any footing or foundation unless: A. Such footings or foundations are first properly pinned or protected against settlement; or B. The swimming pool wall is designed, through ~ DASO125901 -3- rational engineering analysis, to support the surcharge created by the building or structure resting on such footing or foundation. Notwithstanding the proximity of a swimming pool to a foundation or footing allowed by angle of repose, there shall be permanently maintained walkways between buildings and a swimming pool of not less than three feet in width. Diving boards and other permanently attached swimming pool accessories constructed along the perimeter of the pool shall in the aggregate not exceed five percent of the perimeter distance of the pool. section 5, Compliance reauired. All plans hereafter submitted to the city for swimming pools to be constructed shall show compliance with the requirements of this ordinance, and final inspection and approval of all pools hereafter constructed shall be withheld until all requirements of this ordinance have been complied with. section 6. Satisfactorv alternate, Notwithstanding any precise requirements of this ordinance, the Building Official may approve alternate methods of protection and construction and maintenance of swimming pools, provided such alternate methods meet the same essential surety requirements of this ordinance, . and it can be demonstrated that such alternate methods are better suited because of peculiar or unusual circumstances and that it is not practical to meet the precise requirements of this ordinance. Any person who seeks to obtain approval of any such alternate and who is denied approval by the Building Official may .\. DASO125901 -4- appeal his decision to the Building Code Board of Appeals by filing a notice of appeal with the City Clerk stating the grounds for the appeal and requesting a hearing to review the decision by the Building Official. Section 7. Retroactive effect. swimming pools, hot tubs and spas of a type subject to the provisions of this ordinance which were in existence prior to the effective date of this ordinance and where not provided with the safety requirement then in effect shall within six months from the effective date of this ordinance be brought into conformity with the provisions and requirements of this ordinance. swimming pools, hot tubs and spas not brought into conformity within the period of time herein specified are hereby declared to be a public nuisance and public hazard, and the owner of the premises upon which such pool exists shall be subject to the penalties prescribed herein. section 8. violations and penal ties. Any person, firm, association or corporation violating any of the provisions of this code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any of the provisions of this code is committed, continued, or 'permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than $300.00, or by imprisonment for not more than 90 days, or by both such fine or imprisonment. Section 9. Buildina Official Enforcement of DASO125901 -5- ordinance. The Building Official is herewith charged with the duty of enforcing this ordinance and determining whether or not the provisions and requirements of this ordinance have been complied with. Section 10. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. section 11. This ordinance shall be effective five (5) days after passage and publication of an approved summary consisting of the title to this ordinance. PASSED by the city council of the city of Federal Way this ~ day of May , 1990, CITY OF FEDERAL WAY ßkJ 6d MAYOR, DEBRA ERTEL ATTEST/AUTHENTICATED: ~ a ?rIš~ CITY CLERK, DELOR A. MEAD .APPROVED AS TO FORM: . OFFICE OF THE CITY ATTORNEY: BY FIJ WITH THE CITY CLERK: PAS D BY THE CITY COUNCIL: PUBLISHED: May 4, 1990. EFFECTIVE DATE: May 9. 1990 ORDINANCE NO. C O-~6 April 20, 1990 May 1.1990 DASO125901 -6-