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CC Ordinance 2029 .. ORDINANCE NO. 2029 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING CHAPTER 18.24 OF THE CAMPBELL MUNICIPAL CODE - SWIMMING POOLS AND ADDING CHAPTER 18.70 -WOODBURNING APPLIANCES The City Council of the City of Campbell does ordain as follows: SECTION ONE: That Chapter 18.24 of the Campbell Municipal Code is hereby amended to read as set forth in Exhibit A, attached hereto. SECTION TWO: That Title 18- Building Codes and Regulations of the Campbell Municipal Code is hereby amended to include Chapter 18.70 -Woodbuming Appliances as set forth in Exhibit A, attached hereto. SECTION THREE: The amendment to Chapter 18.24 shall become effective thirty days following its passage and adoption and shall be published once within 15 days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara. SECTION FOUR: The amendment to Title 18 Building Codes and Regulations to include Chapter 18.70 - Woodbuming Appliances shall become effective thirty days following its passage and adoption and shall be published once within 15 days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this 15th day of April , 2003, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Watson, Kennedy, Dean, Burr, Furtado COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None APPROVED: ~~ il.~J~ . Daniel E. Furtado, Mayor EXHIBIT A Chapter 18.24 SWIMMING POOLS Sections: 18.24.010 18.24.020 18.24.030 18.24.040 18.24.050 18.24.060 Definitions. Building permits. General construction requirements for permanently installed pools. General construction requirements for storable pools. Indoor swimming pools. Inspection. 18.24.010 Definitions. (a) "Private swimming pool" includes all artificially constructed pools which are used in connection with and appurtenant to a single-family residence and available only to the family of the householder or his private guests. (b) "Public pool" includes all artificially constructed pools which are available to the general public either free or by paying a fee. (c) "Semipublic pool" includes all artificially constructed pools which are used in connection with multiple family or cooperative groups (such as apartments, hotels, motels, private clubs, subdivisions, etc.) and available only to such groups and their private guests but not available to the general public. (d) "Swimming pool" means an artificial pool of water including all appurtenances to its use and used for swimming or recreational bathing. (1)"Permanently installed spa, swimming or wading pool" means one that is constructed in the ground, on the ground, or in a building in such a manner that the pool cannot be readily disassembled for storage. (2)"Storable swimming or wading pool" means one that is so constructed that it may be readily disassembled for storage and reassembled to its original integrity. (e) "Wading pool" means either a storable or permanent water container for recreational wading purposes which at its deepest point is not over sixteen inches. 18.24.020 Building permit. (a) Application for permits for public and/or semi-public pools shall be accompanied by a certificate of acceptance by the county department of health, plans, calculations and specifications, in duplicate, and shall be in sufficient detail to show the following: (1) Plot plan, including all easements and overhead utilities adjacent to pool area or over the property; (2) Pool dimensions, depths, and volume in gallons; (3) Type and size of filter system, filtration and backwash capacities; (4) Pool piping layout with all pipe sizes shown and type of material; (5) Pool pump capacity; (6) Waste disposal system; (7) Other pertinent data as may be required by the Building Official. 18.24.030 General construction requirements for permanently installed pools. (a) Water Treating Devices. Where devices for chemically treating the water to be used in the pool are installed, they shall meet the requirements of the County Department of Environmental Health. (b) Filter and Re-circulation System. All pools shall be equipped with an efficient and dependable circulation and purification system, consisting of circulation pumps and piping arranged for optimum circulation in the pool, and a filter with the usual and necessary appurtenances as approved by the Building Official. Such system shall be operated at all times when the pool is in use. There shall be provided a complete turnover of the pool water in twenty- four hours or less for private pools, and eight hours or less for semipublic or public pools. (c) Underwater Lighting. Each public and semipublic pool shall have installed at least one underwater lighting fixture. (d) Steps and Stairways. Steps and stairways for entering and leaving the pool shall be of such construction as to minimize danger. Convex, semicircular or triangular steps shall have rounded comers. Public and semipublic pools shall meet all disability requirements of California State Title 24. There shall be at least one stairway or ladder for exiting or entering the pool, located in the shallow end. There may be at least one ladder or shelf for entering or exiting the pool at the deep end. Treads of ladders and/or steps shall be of non-slip construction. (e) Runways or Decks. Runways, at least thirty inches wide for private pools and four feet wide for public pools, shall be placed adjacent to the pool. Runways shall be sloped one- fourth inch to the foot away from the pool, and should be of a material approved by the Building Official, which shall be of non-slip texture and easily cleaned. Grading around the pool area shall be such that the surface runoff shall be diverted from the pool. (f) Scum Gutters and Skimmers. Scum gutters and skimmers shall conform to the requirements of the State Department of Health. Inlets for fresh or re-purified water shall be located to produce a reasonably uniform circulation of water throughout the entire pool without the existence of "dead" spots. (g) Clearances. No private pool shall have its water line closer than five feet from any property or building line, except pools may be no closer than thirty inches to the building if satisfactory evidence is submitted to show that no damage to the building will occur or any other hazardous or unsafe condition will be created. No semipublic or public pool shall have its water line closer than five feet from any property line or four feet from any building line. All related pool equipment shall be located in the rear yard and shall be located no closer than five feet from any property line, except when enclosed by a sound barrier, for which drawings have been approved by the Building Department, in which case the setback may be six inches. (h) Walls and Floors. The walls and floors shall be of an approved, engineered design and constructed to be structurally sound under the conditions of the site. The pool walls and floor shall be constructed of smooth, nonabsorbent materials, free from cracks, light in color and so constructed as to be properly drained through one or more metal-grated openings. A tight, leakproof pool with easily cleaned surfaces shall be provided. The inner surface of the pool must be coved, rounded or bullnosed at all joints, comers, angles of bases, walls, floors or curbs. No sharp comers or projections will be permitted. Floor drains shall be flush with the finished surface. The materials used in wall and floor construction shall conform to the provisions of the Building Code of the City. 18.24.040 General construction requirements for storable pools. Subsections (a), (b), (c), (d), (e), (f) and (g) of Section 18.24.030 shall apply to the construction of storable pools. Storable pools shall be installed as per manufacturer's instructions. 18.24.050 Indoor swimming pools. In addition to the remainder of the requirements in this chapter, indoor swimming pools shall have windows or a skylight equal to at least one~half of the surface area of the pool; provided that artificial light may be used in lieu thereof if approved by the Building Official. 18.24.060 Inspection. All portions of the construction of the pool shall be inspected by the Building Official or his representative to insure compliance with the required codes of the City. A final inspection to allow occupancy cannot be made until the pool is completed, filled with water and the filter system is in operation and that all phases function correctly. The following Chapter shall be added to Title 18 Building Codes and Regulations of the Municipal Code: CHAPTER 18.70 WOODBURNING APPLIANCES 18.70.010 Purpose of Chapter. The purpose of this Chapter is to reduce wood smoke pollution in order to improve and maintain air quality conditions in the City and protect and enhance the health and quality of life of its citizens, as well as contribute to improvements in regional air quality by reducing air pollutant emissions from woodburning fireplaces. 18.70.020 Definitions. (a) "Bay Area Air Quality Management District" means the air quality agency for the San Francisco Bay Area pursuant to California Health and Safety Code Section 40200. (b) "E.P.A." means United States Environmental Protection Agency. (c) "E.P.A. Certified Wood Heater" means any wood heater that meets the standards in Title 40, Part 60, Subpart AAA, Code of Federal Regulations in effect at the time of installation and is certified and labeled pursuant to those regulations. (d) "Fireplace" means any permanently installed masonry or factory-built woodbuming appliance, except a pellet-fueled wood heater, designed to be used with an air-to-fuel ratio greater than or equal to thirty-five to one. Excluded from this definition are devices intended to be solely used for preparation of food (e.g., wood burning ovens, outdoor barbeques). (e) "Garbage" means all solid, semisolid and liquid wastes generated from residential, commercial and industrial sources, including trash, refuse, rubbish, industrial wastes, asphaltic products, manure, vegetable or animal solids and semisolid wastes, and other discarded solid and semisolid wastes. (f) "Gas fireplace" means any device designated to burn natural gas in a manner that simulates the appearance of a woodburning fireplace. (g) "Masonry fireplace" means a fire chamber of solid masonry units such as bricks, stones, or masonry units constructed on a foundation and provided with a suitable chimney. (h) "Pellet-fueled wood heater" means any wood heater that operates on wood pellets. (i) "Woodburning appliance" means fireplace, wood heater, or pellet-fired wood heater or any similar device burning any solid fuel used for aesthetic or space- heating purposes. 18.70.030 Residential Installations. All woodbuming appliances installed in new residential units or woodbuming appliances being added to or replacing woodbuming appliances in existing residential units shall comply with this chapter. 18.70.040 Commercial Installations. All woodbuming appliances installed in new commercial buildings or woodburning appliances being added to or replacing woodburning appliances in existing commercial buildings shall comply with this chapter. Commercial buildings shall include, but not be limited to, hotels and restaurants. 18.70.050 Gas Fireplaces. Gas fireplaces shall be exempt from this chapter. However, the conversion of a gas fireplace to burn wood shall constitute the installation of a woodburning appliance and shall be subject to the requirements of the chapter. 18.70.060 Unauthorized Appliances Prohibited. No person shall install a woodbuming appliance that is not one of the following: (a) A pellet-fueled wood heater; (b) An E.P.A. certified wood heater; or, (c) A fireplace certified by the E.P.A. should the E.P.A. develop a fireplace certification program. 18.70.070 Additions, Alterations or Repairs. A woodbuming appliance shall comply with this chapter, if: (a) The appliance is reconstructed; and, (b) Any of the following type of work is done, the cost of which exceeds five thousand dollars: 1. Additions, alterations, or repairs to the appliance; or, 2. Remodel or renovation work which requires opening up walls within twelve inches of the appliance. (c) The amount set forth in Subsection (b) shall be adjusted by the building official on an annual basis according to the increase in consumer price index in increments no less than $100.00. 18.70.080 Certification. Any person who plans to install a woodbuming appliance must submit documentation to the building official demonstrating that the appliance is a pellet-fueled wood heater, or an EP A certified wood heater. 18.70.090 Burning of Specific Materials Prohibited. r It is unlawful to burn garbage, plastics, rubber, paints, solvents, oil, treated wood products, particle board, glossy or treated paper, coal, or any other material that produces noxious or toxic emissions when burned in a woodburning fireplace.