Code Requirements

• Unless the plumbing work of a Pool, spa or hot tub is integral to a manufactured unit, the plumbing work is regulated by the 1997 Uniform Swimming Pool, Spa & Hot Tub Code & the 1998
• California Plumbing Code.
• Unless the electrical system is integral to a manufactured unit, the electrical work is regulated by Article 680 of the California Electrical Code.
• Electrical disconnects for spas & hot tubs, unless an integral part of a manufactured unit, shall be located at least 5’ away from the spa or hot tub but within sight of the spa or hot tub user.

Location on Property

• 15.36.020 Location on property.All swimming pools, spas & hot tubs must be set back a minimum of five feet from the property line. For swimming pools the set back distance is measured from the property line to the edge of the pool water. For spas and hot tubs the set back distance is measured from the property line to the edge of spa or hot tub structure unless the top edge of the spa or hut tub is at grade. The set back distance for at grade spas and hot tubs is measured in the same fashion as swimming pools. Structures including pool equipment, pool diving boards, water slides or other above ground appurtenances shall not be located within the five foot set back line. (Ord. 611 §1, 1996: Ord. 559 §1, 1992).

Barrier Requirements

California law mandates that all jurisdictions must have a barrier law that is at least as stringent as the requirements that are contained in the state regulations. Rohnert Park has simply adopted the state requirements. This is described in the section below along with City perimeter fencing requirements. After this section you will find a simplified description of the City/state barrier requirements and permit submittal requirements.

• Private residential (R-3) fencing requirements. All new residential pools, spas and hot tubs as described in Appendix Chapter 31B, Division II, Section 3150B of the California Code of Regulations, Title-24, Part 2 shall be protect by one or more of the methods described in Section 3150B of Appendix Chapter 31B, Division II. Additionally, perimeter protection at the rear and side property lines is required. Minimum height of perimeter fencing shall be 60" with a maximum height of 72". Other perimeter fencing requirements such as size of openings, gate & gate latch criteria and clearance from ground shall be as described in Appendix Chapter 31B, Division II. (Ord. 611 §1, 1996: Ord. 559 §1, 1992).

California Building Code Section 3150B (Private Swimming Pools)

Keep in mind that the basic intent is to isolate the pool, spa or hot tub from small children. Several methods of isolation are provided in the code. What follows is an abbreviated version of Chapter 31B, Division II.

Section 3150B - Definitions

• Approved Safety Cover means a manually or power-operated safety pool cover that meets all of the performance of the ASTM F-1346-91.
• Enclosure means a fence, wall or other barrier that isolates a swimming pool from access to the home.
• Exit Alarms means devices that make audible, continuous alarm sounds when any door or window that permits access from the residence to the pool area, that is without any intervening enclosure , is opened or is left ajar. Exit alarms may be battery operated or may be connected to the electrical wiring of the building.
• Swimming Pool or Pool means any structure intended for swimming or recreational bathing that contains water over 18" deep.

Section 3151B - Safety Features Required

• Whenever a construction permit is issued for construction of a new swimming pool at a private, single-family home, it shall be equipped with at least one of the following safety features:
• 1) The pool shall be isolated from access to a home by an enclosure that meets the requirements of Section 3152B
• 2) The pool shall be equipped with an approved Safety pool cover
• 3) The residence shall be equipped with exit alarms on those doors providing direct access to the pool.
• 4) All doors providing direct access from the home to the swimming pool shall be equipped with a self-closing, self-latching device with a release mechanism placed no lower than 545 " above the floor.
• 5) Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the devices set forth in items 1-4, inclusive, as determined by the building official of the jurisdiction….

Section 3152B – Enclosure; Required Characteristics

• An enclosure shall have all of the following characteristics:
• 1) Any access gates through the enclosure open away from the swimming pool and are self-closing with a self-latching device placed no lower than 60" above ground.
• 2) A minimum height of 60"
• 3) A maximum vertical clearance from the ground to the bottom of the enclosure of 2"
• 4) Gaps or voids, if any, do not allow passage of a sphere equal to or greater than 4" in diameter.
• 5) An outside surface free of protrusions, cavities or other physical characteristics that would serve as handholds or footholds that could enable a child below the age of five years to climb over.

Section 3153B - Agreements to Build; Notice of Provisions

• Any person entering into an agreement to build a swimming pool shall give the consumer notice of the requirements of this article.

Section 3154B – Exempt Facilities

• The requirements of this article shall not apply to any of the following:
• 1) Public swimming pools.
• 2) Hot tubs or spas with locking safety covers that comply with ASTM-ES 13-89
• 3) Any pool within the jurisdiction of any political subdivision that adopts an ordinance for swimming pool safety that includes requirements that are at least as stringent as this division.
• 4) An apartment complex or any residential setting other than a single-family home.

Permit Submittal Requirements

• All applications for pool, spa or hot tub permits must include 2 copies of a site plan. The plans shall clearly designate the type and location of the protective method to be installed.
• The method of protection shall conform to the requirements contained in Chapter 31B, Division II of the California Building Code.
• In the case of inground pools the method of protection must be installed and functioning prior to the pre-plaster inspection. Protection shall be installed and functioning prior to final approval for hot tubs and spas.
• Contractors associated with pool, spa or hot tub permits that have not received final approval may have a complaint filed against their license with the State Contractors Licensing Board.