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
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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
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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
~
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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
.\.
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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
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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. CO-~6
April 20, 1990
May 1.1990
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