(A) Adoption. There is hereby adopted by reference in Resolution 21-162, that certain document known as International Swimming Pool And Spa Code, 2018 Edition, as published by the International Code Council, Inc. Said documents are hereby amended and adopted as the ISPSC and A.R.S. § 36-1681 for the areas of Dewey- Humboldt providing for the regulating, installation and maintenance of swimming pools and spas, equipment thereof and related accessories, and each and all such regulations, provisions, penalties, conditions and terms of the ISPSC, 2018 Edition and A.R.S. § 36-1681 are hereby referred to, adopted and made a part hereof as set forth herein, excepting such portions as are hereinafter deleted, modified or amended.
(B) (1) Amendments.
CHAPTER 1 ADMINISTRATIVE
SECTION 101 — GENERAL
SECTION 101.1 — Title is amended by the insertion of "Dewey-Humboldt."
SECTIONS 102 through 108 are amended by deletion in their entirety and replacement with the requirements of the Dewey-Humboldt Administrative Building Code, as adopted, and as may be amended from time to time.
CHAPTER 2 DEFINITIONS
SECTION 201 — GENERAL
SECTION 201.3 Terms defined in other codes are hereby amended as follows: Where terms are not defined in this code, such terms shall have the meanings ascribed in other code publications of the International Residential Code and the most recent Dewey-Humboldt Administrative Building Code. In the event there is a conflict between the aforementioned codes, the Dewey-Humboldt Administrative Building Code is superior.
SECTION 201.4 Terms not defined is hereby deleted in its entirety and revised to read as follows:
201.4 Terms not defined. Where terms are not defined through the methods authorized by this chapter such terms shall have ordinarily accepted meanings such as the context implies, Webster's Third New International Dictionary of the English Language, Unabridged, shall be considered as providing accepted meanings.
SECTION 202 — DEFINITIONS is hereby amended by revision on the following terms:
POOLS. Contained bodies of water that contain water 18 inches or more in depth at any point and that are wider than 8 feet at any point and are intended for swimming (A.R.S. § 36-1681.A).
CODE OFFICIAL. Is the BUILDING OFFICIAL as defined in Section 102.13 of the "Dewey-Humboldt Administrative Building Code".
CHAPTER 3 GENERAL COMPLIANCE
SECTION 301 — GENERAL
SECTION 303 — ENERGY
SECTION 303 — ENERGY is hereby deleted in its entirety and replaced with the provisions of the "2006 International Energy Conservation Code" as adopted by Dewey-Humboldt.
SECTION 304 — FLOOD HAZARD AREAS
SECTION 304 — FLOOD HAZARD AREAS is hereby deleted in its entirety. Enforcement and regulations of FLOOD HAZARD AREAS within Yavapai County shall be controlled by Yavapai County Flood Control District.
SECTION 305 BARRIER REQUIREMENTS
SECTION 305.1 General is hereby deleted in its entirety and replaced with:
The provisions of this section shall apply to the design of barriers for restricting entry into areas having pools and spas. Where spas or hot tubs are equipped with a lockable safety cover complying with ASTM F1346 and swimming pools are protected by a motorized safety pool cover that complies with ASTM F1346 that requires the operation of a key switch which meets the ASTM emergency standards 13-89 and which does not require manual operation other than the use of the key switch. The areas where those spas, hot tubs or pools are located shall not be required to comply with amended Sections 305.2 through 305.7 (A.R.S. § 36-1681.C.2.
SECTION 305.2 Outdoor swimming pools and spas is hereby deleted in its entirety and reads as:
Outdoor pools and spas and indoor swimming pools shall be surrounded by a barrier that complies with Sections 305.2.1 through 305.7.
SECTION 305.2.1 — Barrier height and clearances is hereby deleted and replaced with the following:
305.2.1 Barrier height and clearances. Barrier heights and clearances shall be in accordance with each of the following:
1. Be entirely enclosed by at least a 60 inch (1524 mm) wall, fence or other barrier as measured on the exterior side of the w all, fence or barrier (A.R.S. § 36-1681.B.1.) Such height shall exist around the entire perimeter of the barrier and for a distance of three feet (914 mm) measured horizontally from the outside of the required barrier.
2. The vertical clearance between grade and the bottom of the barrier shall not exceed two inches (51 mm) for grade surfaces that are not solid, such as grass or gravel, where measured on the side of the barrier that faces away from the pool or spa.
3. The vertical clearance between a surface below the barrier to a solid surface, such as concrete, and the bottom of the required barrier shall not exceed four inches (102 mm) where measured on the side of the required barrier that faces away from the pool or spa.
4. Where the top of the pool or spa structure is above grade, the barrier shall be installed on grade or shall be mounted on top of the pool or spa structure. Where the barrier is mounted on the top of the pool or spa, the vertical clearance between the top of the pool or spa and the bottom of the barrier shall not exceed four inches (102 mm).
5. The wall, fence or barrier shall not contain openings, handholds or footholds accessible from the exterior side of the enclosure that can be used to climb the wall, fence or barrier (A.R.S. § 36-1681.B.4.
SECTION 305.2.2 — Openings is hereby deleted and replaced with the following:
305.2.2 Openings.
Openings in the barrier shall not allow passage of a four-inch-diameter (102 mm) sphere. (see 305.2.1-5 amended).
SECTION 305.2.4 — Mesh fence as a barrier is hereby deleted by revisions to the following subsection as listed:
305.2.4 Mesh fence as a barrier.
Mesh fences, other than chain link fences in accordance with Section 305.2.7, shall be installed in accordance with the manufacturer's instructions and shall comply with the following:
1. The bottom of the mesh fence shall be not more than one inch (25 mm) above the deck or installed surface or grade.
2. The maximum vertical clearance from the bottom of the mesh fence and the solid surface shall not permit the fence to be lifted more than four inches (102 mm) from grade or decking.
3. The fence shall be designed and constructed so that it does not allow passage of a four-inch (102 mm) sphere under any mesh panel. The maximum vertical clearance from the bottom of the mesh fence and the solid surface shall be not greater than four inches (102 mm) from grade or decking.
4. An attachment device shall attach each barrier section at a height not lower than 45 inches (1143 mm) above grade. Common attachment devices include, but are not limited to, devices that provide the security equal to or greater than that of a hook-and-eye type latch incorporating a spring-actuated retaining lever such as a safety gate hook.
5. Where a hinged gate is used with a mesh fence, the gate shall comply with Section 305.3.
6. Patio deck sleeves such as vertical post receptacles that are placed inside the patio surface shall be of a nonconductive material.
7. Mesh fences shall not be installed on top of on-ground residential pools.
SECTION 305.2.5 — Closely spaced horizontal members is hereby deleted and replaced with the following:
Section 305.2.5 — Closely spaced horizontal members.
Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches (1143 mm), the horizontal members shall be located on the pool or spa side of the fence. Spacing between vertical members shall not exceed one and three-quarter inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed one and three-quarter inches (44 mm) in width.
SECTION 305.2.6 — Widely spaced horizontal members is hereby deleted and replaced with the following:
Section 305.2.6 — Widely spaced horizontal members.
Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches (1143 mm) or more, spacing between vertical members shall not exceed four inches (102 mm). Where there are decorative cutouts within vertical members, the interior width of the cutouts shall not exceed one and three-quarter inches (44 mm).
SECTION 305.2.7 — Chain link dimensions is hereby deleted and replaced with the following:
Section 305.2.7 — Chain link dimensions.
The maximum opening formed by a chain link fence shall be not more than one and three quarter inches (44 mm). Where the fence is provided with slats fastened at the top and bottom
that reduce the openings, such openings shall be not greater than one and three-quarter inches (44 mm).
SECTION 305.2.8 — Diagonal members is hereby deleted and replaced with the following:
Section 305.2.8 — Diagonal members.
Where the barrier is composed of diagonal members, the maximum opening formed by the diagonal members shall be not greater than one and three-quarter inches (44 mm). The angle of diagonal members shall be not greater than 45 degrees (0.79 rad) from vertical.
SECTION 305.2.9 — Clear Zone is hereby deleted and replaced with the following:
Section 305.2.9 — Clear zone.
There shall be a clear zone of not less than 36 inches (914 mm) between the exterior of the barrier and any permanent structures or equipment such as pumps, filters and heaters that can be used to climb the barrier.
SECTION 305.2.10 — Poolside barrier setbacks is hereby deleted and replaced with the following:
Section 305.2.10 — Poolside barrier setbacks.
The pool or spa side of the required barrier shall be not less than 20 inches (508 mm) from the water's edge.
SECTION 305.3 — Gates is hereby deleted and replaced with the following:
Section 305.3— Gates.
Access gates shall comply with the requirements of Sections 305.3.1 through 305.3.3 and shall be equipped to accommodate a locking device. All gates shall open outward away from the pool or spa, shall be self-closing and shall have a self-latching device (A.R.S. § 36-1681.B.3.(b).
SECTION 305.3.1 — Utility or service gates is hereby deleted and replaced with the following:
Section 305.3.1 — Utility or service gates.
Gates not intended for pedestrian use, such as utility or service gates, shall remain locked when not in use.
SECTION 305.3.2 — Double or multiple gates is hereby deleted and replaced with the following:
Section 305.3.2 — Double or multiple gates.
Double gates or multiple gates shall have not fewer than one leaf secured in place and the adjacent leaf shall be secured with a self-latching device. The gate and barrier shall not have openings larger than one-half inch (12.7 mm) within 24 inches (610 mm) of the latch release mechanism (A.R.S. § 36-1681.B.3.(a). The self- latching device shall comply with the requirements of Section 305.3.3.
SECTION 305.3.3 — Latches is hereby deleted and replaced with the following:
Section 305.3.3 — Latches.
All gates shall be self-closing and self- latching with the latch located at least 54 inches (1372 mm) above the underlying ground or on the pool side of the gate with a release mechanism at least five inches (127 mm) below the top of the gate and no opening greater than one-half inch (12.7 mm) within 24 inches (610mm) of the release mechanism (A.R.S. § 36-1681.B.3.(a).
SECTION 305.4 — Structure wall as a barrier is hereby deleted and replaced with the following:
Section 305.4 — Structure wall as a barrier.
Where a wall of a dwelling or structure serves as part of the barrier and where doors or windows provide direct access to the pool or spa through that wall, one of the following shall be required:
1. Operable windows having a sill height of less than 48 inches (1219 mm) above the indoor finished floor and doors shall have an alarm that produces an audible warning when the window, door or their screens are opened. The alarm shall be listed and labeled as a water hazard entrance alarm in accordance with UL 2017. In dwellings or structures not required to be Accessible units, Type A units or Type B units, the operable parts of the alarm deactivation switches shall be located 54 inches (1372 mm) or more above the finished floor. In dwellings or structures required to be Accessible units, Type A units or Type B units, the operable parts of the alarm deactivation switches shall be located not greater than 54 inches (1372 mm) and not less than 48 inches (1219 mm) above the finished floor.
2. A safety cover that is listed and labeled in accordance with ASTM F1346 is installed for the pools and spas.
3. An approved means of protection, such as self-closing doors with self- latching devices, is provided. Such means of protection shall provide a degree of protection that is not less than the protection afforded by Item 1 or 2.
4. All ground level doors or other doors with direct access to the swimming pool or other contained body of water shall be equipped with a self-latching device which meets the requirements of 305.3.3 amended. Emergency escape or rescue windows from sleeping rooms with access to the swimming pool or other contained body of water shall be equipped with a latching device not less than 54 inches (1372 mm) above the floor. All other openable dwelling unit or guest room windows with similar access shall be equipped with a screwed in place wire mesh screen, or a keyed lock that prevents opening the window more than four inches (102 mm), or a latching device located not less than 54 inches (1372 mm) above the floor (A.R.S. § 36-1681.C.3).
SECTION 305.5 — On-ground residential pool structure as a barrier is hereby deleted and replaced with the following:
Section 305.5 — On-ground residential pool structure as a barrier.
An on-ground residential pool wall structure or a barrier mounted on top of an on- ground residential pool wall structure shall serve as a barrier where all of the following conditions are present:
1. Where only the pool wall serves as the barrier, the bottom of the wall is on grade, the top of the wall is not less than 48 inches (1219 mm) above grade for the entire perimeter of the pool, the wall complies with the requirements of Section 305.2 and the pool manufacturer allows the wall to serve as a barrier.
2. Where a barrier is mounted on top of the pool wall, the top of the barrier is not less than 48 inches (1219 mm) above grade for the entire perimeter of the pool, and the wall and the barrier on top of the wall comply with the requirements of Section 305.2.
3. Any access ladder or steps shall be removable without tools and secured in an inaccessible position with a latching device not less than 54 inches (1372 mm) above the ground when the pool is not in use (A.R.S. § 36-1681.C.4.
4. Openings created by the securing, locking or removal of ladders and steps do not allow the passage of a four-inch (102 mm) diameter sphere.
5. Barriers that are mounted on top of on-ground residential pool walls are installed in accordance with the pool manufacturer's instructions.
SECTION 305.6 — Natural barriers is hereby deleted and replaced with the following:
Section 305.6 — Natural barriers.
In the case where the pool or spa area abuts the edge of a lake or other natural body of water, public access is not permitted or allowed along the shoreline, and required barriers extend to and beyond the water's edge not less than 18 inches (457 mm), a barrier is not required between the natural body of water shoreline and the pool or spa.
SECTION 305.7 — Natural topography is hereby deleted and replaced with the following:
Section 305.7 — Natural topography.
Natural topography that prevents direct access to the pool or spa area shall include but not be limited to mountains and natural rock formations. A natural barrier approved by the governing body shall be acceptable provided that the degree of protection is not less than the protection afforded by the requirements of Sections 305.2 through 305.
(2) Findings and declaration. The Town of Dewey-Humboldt of Yavapai County, Arizona specifically and expressly finds and declares that the nature and uniqueness of the climate, terrain, and location does necessitate and demand specific amendments to the International Swimming Pool and Spa Code, 2012 Edition, which are stated in this ordinance.
(Ord. 21-159, passed 4-20-2021)