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ORDINANCE 1306ORDINANCE NO. 1306 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 1997 EDITION, REPEALING IN ITS ENTIRETY CHAPTER 16.28 OF, AND ADDING CHAPTER 16.28 TO, THE EL SEGUNDO MUNICIPAL CODE RELATING TO THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Chapter 16.28 of the El Segundo Municipal Code is repealed in its entirety. Section 2. Chapter 16.28 is added to the E1 Segundo Municipal Code to read as follows: Chapter 16.12 SWIMMING POOL, SPA AND HOT TUB CODE 16.28.010 ESTABLISHED. The 1997 Edition of the Uniform Swimming Pool, Spa and Hot Tub Code, and the Administration portion thereof, promulgated and published by the International Association of Plumbing and Mechanical Officials, one copy of which has been filed, and is on file in the Office of the City Clerk for public inspection, hereby is adopted with the same force and effect as though set out herein in full. 16.28.020 CHANGES AND ADDITIONS TO CODES. The Uniform Swimming Pool, Spa and Hot Tub Code, and the Administration portion thereof, is amended by changing, adding, or deleting the chapters, articles, sections and portions of sections designed in 16.28.030 through 16.28.070. 16.28.030 ADMINISTRATION SECTION 1.11, UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE SCHEDULE OF FEES DELETED. Fees shall be located in City Resolution, PLUMBING /SWIMMING POOL PERMIT FEES. Any future changes in these fees and the effective dates thereof, shall be fixed and established by the City Council from time to time by resolution. 16.28.040 ADMINISTRATION SECTION 1.18 AMENDED - BOARD OF APPEALS amended to read as follows: ORDINANCE NO. 13 0 6 ADOPTING UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE 1997 EDITION PAGE NO. 1 "Section 1.18 Board of Appeals. In order to determine the suitability of alternate materials and construction and to provide for reasonable interpretations of the provisions of this Code, there shall be and there is hereby created a Board of Appeals, consisting of five members, composed of the Mayor and the other members of the City Council. Said members shall hold their respective memberships on said Board of Appeals by reason of, and concurrently with, their terms of service as Council Members and shall cease to be such members upon their ceasing to be such Council Members. The Building Official shall be the Secretary to the Board. The Board may adopt reasonable rules and regulations for conducting its investigations and shall render all its decisions and findings on contested matters, in writing to the Building Official, with a duplicate copy thereof to any appellant or contestant affected by any such decision or finding, and may recommend to the City Council such new legislation, if any, as is consistent therewith. Three members of the Board shall constitute a quorum. The Mayor shall be the presiding officer of the Board, and in the Mayor's absence the Board shall select a temporary chairperson. Notices of meetings of the Board shall be given by at least 72 hours notice delivered to each member personally or by registered mail; provided, however, that any meeting of the Board shall be legal for any purpose if the written consent of all of the members of the Board to such meeting is executed and filed in the records of the Board. The Board shall have the right, subject to such limits as the City Council may prescribe by resolution, to employ at the cost and expense of the City, such qualified individuals as the Board, in its discretion, may deem reasonably necessary in order to assist it in its investigations and in making its findings and decisions. There shall be a $250.00 charge at the time of filing an appeal of any orders, decisions, or determinations made by the Building Official relative to the application and interpretation of this Code. The $250.00 filing fee shall be refundable in full should the appellant prevail in a decision by the Board. The appeal shall be taken by filing a written notice of appeal, in letter form, to the Board of Appeals." 16.28.050 FENCING ENCLOSURE REQUIREMENTS. Every person in possession of land within the city, either as owner, purchaser under contract, lessee, tenant, licensee, or otherwise upon which is situated a swimming pool, shall at all times maintain on the lot or premises upon which the pool is located and completely surrounding the pool, lot or premises, a fence or other solid structure not less than four feet in height with no opening therein, other than doors or gates, larger than six inches square. All gates or doors opening through such enclosure shall be equipped with a self- closing and self - latching device designed to keep and capable of keeping the door or gate securely closed at all times when not in actual use. The latching device must be so located as not to be easily accessible to small children; provided, ORDINANCE NO. 1106 ADOPTING UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE 1997 EDITION PAGE NO. 2 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. 16.28.060 COMPLIANCE REQUIRED. All plans hereafter submitted to the city for swimming pools to be constructed shall show compliance with the requirements of the preceding section. And final inspection and approval of all pools hereafter constructed shall be withheld until all the requirements of the preceding section have been complied with. 16.28.070 DISTANCE BETWEEN POOL AND BUILDING FENCE OR PROPERTY LINE. A swimming pool shall not be closer than five feet to a building, fence or property line. SECTION 3. This Ordinance shall become effective at 12:01 a.m., July 1, 1999 from and after the date of the final passage and adoption thereof SECTION 4. The City Clerk shall certify to the passage and adoption of this Ordinance; shall cause the same to be entered in the book of original ordinances of said City, shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall within fifteen 15 days after the passage and adoption thereof, cause the same to be published once in the El Segundo Herald, a weekly newspaper of general circulation, published and circulated within said City of El Segundo and which is hereby designated for that purpose. SECTION 5. If any section, subsection, sentence, clause, or phrase of this Ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The Legislative Body hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. PASSED, APPROVED AND ADOPTED t 's 61 day of April, 1999. Mike Gordon, Mayor ORDINANCE NO. 1306 ADOPTING UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE 1997 EDITION PAGE NO. 3 ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 130 6 was duly introduced by said City Council at a regular meeting held on the 16' day of March, 1999, and was duly passed and adopted by said City Council, approved and signed by the Mayor and attested to by the City Clerk, all at a regular meeting of said Council held on the 61h day of April, 1999, and the same was so passed and adopted by the following vote: AYES: Gordon, Jacobs, McDowell, Gaines, Wernick NOES: None ABSENT: None ABSTAIN: None di. ?` "1✓ cy8 tW i. i . Cindy Mort sen, City Clerlk�� APPROVED AS TO FORM: 5 Hensley, City Attorney ORDINANCE NO. 1306 ADOPTING UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE 1997 EDITION PAGE NO. 4