§ 80087. Buildings and Grounds.
22 CA ADC § 80087Barclays Official California Code of Regulations
22 CCR § 80087
§ 80087. Buildings and Grounds.
(e) All licensees serving children or serving clients who have physical handicaps, mental disorders, or developmental disabilities shall ensure the inaccessibility of pools, including swimming pools (in-ground and above-ground), fixed-in-place wading pools, hot tubs, spas, fish ponds or similar bodies of water through a pool cover or by surrounding the pool with a fence.
(1) Fences shall be at least five-feet high and shall be constructed so that the fence does not obscure the pool from view. The bottom and sides of the fence shall comply with Division 1, Appendix Chapter 4 of the 1994 Uniform Building Code. In addition to meeting all of the aforementioned requirements for fences, gates shall swing away from the pool, self-close and have a self-latching device located no more than six inches from the top of the gate. Pool covers shall be strong enough to completely support the weight of an adult and shall be placed on the pool and locked while the pool is not in use.
(A) If licensed prior to June 1, 1995, facilities with existing pool fencing shall be exempt from the fence requirements specified in Section 80087(e)(1) until such fence is replaced or structurally altered. If the licensee replaces or alters the fence, it shall be required to meet the fence requirements specified in Section 80087(e)(1).
(2) Where an above-ground pool structure is used as the fence or where the fence is mounted on top of the pool structure, the pool shall be made inaccessible when not in use by removing or making the ladder inaccessible or erecting a barricade to prevent access to decking. If a barricade is used, the barricade shall meet the requirements of Section 80087(e)(1).
Credits
Note: Authority cited: Sections 1530 and 1531.15, Health and Safety Code. Reference: Sections 1501, 1531 and 1531.15, Health and Safety Code.
History
1. New subsections (h)-(j) filed 5-21-85; effective thirtieth day thereafter (Register 85, No. 21).
2. Amendment of subsections (f)-(f)(2) filed 8-14-96; operative 9-13-96 (Register 96, No. 33).
3. Amendment of subsections (d), (h) and (i) filed 8-9-2002; operative 9-8-2002 (Register 2002, No. 32).
4. Repealer of subsection (d), subsection relettering and amendment of newly designated subsections (e)(1)(A), (e)(2), (h) and (i) filed 12-13-2006; operative 1-12-2007 (Register 2006, No. 50).
5. New subsection (j) and amendment of Note filed 2-9-2017 as an emergency; operative 2-9-2017 (Register 2017, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-8-2017 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-9-2017 order transmitted to OAL 8-3-2017 and filed 9-15-2017 (Register 2017, No. 37).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 22, § 80087, 22 CA ADC § 80087
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