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HomeMy WebLinkAbout2020-02 CC Ordinance ORDINANCE NO. 2020-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MANDATORY SWIMMING POOL SAFETY FEATURE BY REQUIRING AN APPROVED SWIMMING POOL ENCLOSURE FOR CERTAIN RESIDENTIAL SWIMMING POOLS, AND AMENDING TITLE 15 OF THE TEMECULA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Recitals. The City Council hereby finds, determines and declares that: A. The City of Temecula has heretofore adopted and amended the 2019 edition of the California Building Code. B. Swimming pool safety requirements that were in prior editions of the California Building Code have been replaced by the California Swimming Pool Safety Act. C. The Swimming Pool Safety Act requires implementation of at least two of seven listed pool safety features as a condition of obtaining a pool construction permit for a private, single family home. Those pool safety features include an approved swimming pool enclosure. D. The City Council has determined that in order to more fully protect the public health and safety, particularly the safety of children, use of an approved pool enclosure should be one of the two required pool safety features. Section 2. Amendment. Section 15.04.020 of Chapter 15.04 of Title 15 of the Temecula Municipal Code is hereby amended by adding a new subsection "R"to read as follows: "R. Chapter 31 of the California Building Code is hereby amended by adding a new Section 3109.3 to read as follows: 3109.3 One(1)of the two(2)required pool safety features of the seven(7)specified in Health and Safety Code Section 115922, must be an enclosure that meets the requirements of Section 115923 of that Code. The second required pool safety feature must be one of the remaining six (6) features listed in Section 115922." Section 3. Severability. The City Council declares that,should any provision,section, paragraph, sentence or word of this Ordinance hereby adopted be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections,paragraphs, sentences and words of this Ordinance hereby adopted shall remain in full force and effect. F Section 4. Certification. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 10`h day of March, 2020. James Stewart, Mayor ATTEST: Randi Jo , ity Clerk [SEAL] 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2020-02 was duly introduced by the City Council of the City of Temecula at a meeting thereof held on the 25th day of February, 2020, and was adopted by the City Council at a meeting thereof held on the 10`h day of March, 2020, by the following vote: AYES: 5 COUNCIL MEMBERS: Edwards, Naggar, Rahn, Schwank, Stewart NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk 3