§ 30.86.170. Swimming Pools.
To assure public safety, the construction, installation, or maintenance of all swimming pools or outside water bodies shall be subject to the limitations and regulations set forth herein.
A.
Fence Required. Every person, firm or corporation in possession of land within the City of Del Mar, California, either as an owner, purchaser under contract, lessee, tenant, or licensee, upon which is situated a swimming pool or outside body of water having a depth of over 12 inches, shall maintain a protective fence, wall, enclosure or other effective barrier as required by the Uniform Building Code around said pool or outside body of water. The height of said fence(s), wall(s), enclosure(s) or other effective barrier shall be not less than five feet as measured on the exterior facade above the finished grate at any point, with no opening therein provided, however, that no such fence or wall shall be erected that affords ladder-like or step-like access. The provisions of this Section shall not apply to premises where a swimming pool is used or maintained and the premises are used for any hotel or motel consisting of ten or more units, where the owner or any employee thereof is on duty on such premises 24 hours each day.
B.
Gates. All gates or doors opening through such fences, walls, or enclosures shall be equipped with self-closing and self-latching devices designed to keep, or capable of keeping, such door or gate securely closed and latched at all times when not in actual use, provided, however, that the door of any dwelling that is forming any part of the enclosures hereinabove required need not be so equipped. Unlatching devices shall be located not less than four feet above the ground. Gates shall be kept securely closed and latched or attended at all times.
C.
Existing Pools. All requirements of this Chapter shall apply to existing swimming pools and outside bodies of water. It shall be unlawful to maintain a swimming pool which is not fenced in accordance with the terms of this Chapter.
D.
Conformity with Other Building and Zoning Regulations. Any fence or wall erected for the purpose of complying with this Chapter shall conform to all other zoning regulations of the City, provided further that no swimming pool shall be constructed where protective fencing required will be in conflict with other zoning regulations.
E.
Compliance for Final Approval. All plans for construction of swimming pools shall show compliance with the requirements of this Title. No water shall be placed in said pool, and final inspection and approval shall be withheld until all requirements are in compliance with this Title.
(Ord. No. 598)