J & N REALTY, INC.

Statutes & Regulations Pertaining to Rental & Multi-Housing Properties I.  

California Administrative Code Title 22 

65539 Lifesaving, First Aid and Control of Bathers 

(a) Lifeguard services shall be provided in accordance with Sections 116038 (page 339) and 116045 (page 340) of the Health and Safety Code. 

(b) Where lifeguard service is provided, the number of lifeguards shall be adequate to maintain continuous surveillance over the bathers. 

(c) Where no lifeguard service is provided, a warning sign shall be placed in plain view and shall state: "Warning — No Lifeguard on Duty" with clearly legible letters at least 10.2 centimeters (4 inches) high.  In addition, the sign shall also state: "Children Under the Age of 14 Should Not Use Pool Without an Adult in Attendance." 

(d) The enforcing agent may require posting of notices directing the bathers to make use of the toilets and showers before entering the pool. 

At all pools, diagrammatic illustrations of artificial respiration procedures shall be posted where clearly visible from the nearby deck.  Such illustrations shall be protected against the elements. 

In addition, the telephone number of the nearest ambulance, fire and police or sheriff’s department shall be kept similarly posted along with instructions that, if needed, manual or mouth-to-mouth artificial respiration should be started immediately and continued until a physician arrives or mechanical resuscitators are applied. 

(e) Every swimming pool shall be equipped for safety and rescue procedures with one or more rescue poles not less than 3.5 meters (12 feet) in length with body hooks, and one or more life rings having a minimum exterior diameter of 43 centimeters (17 inches) readily accessible for use. 

Such life rings shall have attached to them a 0.476-centimeter (3/16-inch) line long enough to span the maximum width of the pool.  The line shall be stored when not in use in such a way as to prevent kinking or fouling. 

When rescue can be effected from the perimeter of a spa pool, such a pool may be exempt from the requirements of this paragraph if so approved by the enforcing agent. 

(f) When, in the opinion of the enforcing agent, any pool is of such size that unaided swimmings by lifeguards may not offer sufficient protection to swimmers, one or more square-sterned boats equipped with oars, oarlocks and life rings, or paddleboats, as the enforcing agent shall order, shall be provided. 

(g) A first aid kit shall be provided at all swimming pools when required by the enforcing agent. 

65541 Health of Employees and Patrons 

(a) No person having a communicable disease shall be employed at a public swimming pool. 

(b) All patrons known to be, or suspected by the enforcing agent or the management of being afflicted with an infectious disease, suffering from a cough, cold or sores, or wearing bands or bandages shall be excluded from all public bathing places unless at least one of the following conditions is met: 

(1) The patron submits a current written statement, signed by a licensed physician, confirming that the patron does not present a health hazard to other pool users. 

(2) Pool use by the patron is approved by the enforcing agent. 

65543 Wading Pool — Water Clarity 

The water of every wading pool shall be kept sufficiently clear so that the bottom of the wading pool will be visible at all times. 

3104B Accessibility to the Physically Handicapped Person 

Swimming pools and their appurtenances shall be in compliance with the requirements of the state architect for access to public accommodations by physically handicapped persons.  (Sections 2-611(b)(3) and 2-1213(a)(4) 

3113.1 Pool Decks 

3113B.1 General 

A minimum continuous and unobstructed 4-foot-wide (1219 mm) slip-resistant nonabrasive deck area of concrete or like material shall be provided flush with the top of the pool shell wall extending completely around the pool and the deck area shall further extend 4 feet (1219 mm) on both sides and rear of any diving board or slide and their appurtenances.  The deck width shall be measured from the poolside edge of the coping lip. 

Exception No. 1: A deck at least 4 feet (1219 mm) in width shall extend around 50 percent or more of the perimeter of a spa pool.  For spa pools that have their walls extending above the ground or floor level, the deck area requirement shall apply at the ground or floor level unless otherwise specified by the enforcing agency. 

Exception No. 2:  The deck width separating a spa pool from an adjacent pool shall not be less than 6 feet wide (1829 mm). 

Exception No. 3: The deck may be omitted from around a temporary training pool. 

3313B.2 Deck Drainage 

The pool deck surface shall be sloped a minimum of 1/4 inch (6.4 mm) per foot to deck drains or other approved surface water disposal areas.  The pool deck surface shall not drain into the pool, its perimeter overflow channel, into an adjoining spa or other pool, nor be connected to the recirculation system. 

Note:  A deck drain system of one 4 inch (102 mm) drain inlet per 400 square feet (37 m2) of tributary deck area, with drains spaced 25 feet (7620 mm) apart, usually provides adequate surface water disposal. 

3113B.3 Pool Coping 

Pool coping shall be slip-resistant. 

3113B.4 Coverings 

Artificial covering shall be permitted on the deck area when approved by the enforcing agency. 

Note:  Deck slopes to provide proper drainage may vary with the texture of the surface.  It is recommended that the minimum slope be increased if artificial coverage or exposed aggregate concrete surface is contemplated. 

3113B.5 Handrails 

Handrails shall be provided around the perimeter of any raised deck of a temporary training pool. 

3113B.6 Unpaved Areas 

Landscape planters, flowerbeds, or similar unpaved areas shall not be located within 4 feet (1219 mm) of a spa pool. 

3118B Enclosure of Pool Area 

3118B.1 Enclosure 

The pool shall be enclosed by one or a combination of the following: a fence, portion of a building, wall, or other approved durable enclosure.  Doors, openable windows, or gates of living quarters or associated private premises shall not be permitted as part of the pool enclosure.  The enclosure, doors, and gates shall meet all of the following specifications: 

(1) The enclosure shall have a minimum effective perpendicular height of 5 feet (1524 mm) as measured from the outside. 

(2) Openings, holes or gaps in the enclosure, doors, and/or gates shall not allow the passage of a 4 inch (102 mm) diameter sphere.  The bottom of the enclosure shall be within 2 inches (51 mm) of the finished grade. 

(3) The enclosure shall be designed and constructed so that it cannot be readily climbed by small children.  Horizontal and diagonal member designs, which might serve as a ladder for small children, are prohibited.  Horizontal members shall be placed at least 48 inches (1219 mm) apart.  Planters or other structures shall not be permitted to encroach upon the clear span area.  Chain link may be used provided that openings are not greater than 1 3/4 inches (44 mm) measured horizontally. 

3118B.2 Gates  

Gates and doors opening into the pool enclosure shall also meet the following specifications: 

(1) Gates and doors shall be equipped with self-closing and self-latching devices.  The self-latching device shall be designed to keep the gate or door securely closed.  Gates and doors shall open outward away from the pool except where otherwise prohibited by law.  Hand activated door or gate opening hardware shall be located at least 3 1/2 feet (1067 mm) above the deck or walkway. 

(2) Except as otherwise provided herein, gates and doors shall be capable of being locked during times when the pool is closed.  Exit doors which comply with Chapter 10 shall be considered as meeting these requirements. 

(3) The pool enclosure shall have at least one means of egress without a key for emergency purposes.  Unless all gates or doors are so equipped, those gates and/or doors which will allow egress without a key shall be clearly and conspicuously labeled in letters at least 4 inches (102 mm) high "EMERGENCY EXIT." 

(4) The enclosure shall be designed and constructed so that all persons will be required to pass through common pool enclosure gates or doors in order to gain access to the pool area.  All gates and doors exiting the pool area shall open into a public area or walkway accessible by all patrons of the pool. 

3118B.3 Retroactivity 

Sections 3118B.1 and 3118B.2 shall apply only to a public swimming pools constructed on or after July 1, 1994. 

3118B.4  Enclosure of Pools Constructed Prior to July 1, 1994 

When the physical characteristics of a site preclude providing a 4 foot (1219 mm) deck around the perimeter of an existing pool, the enforcing agency may allow the installation of an enclosure which reduces the pool deck to less than 4 feet (1219 mm) in width. 

3119B Signs 

3119B.1 Occupant Load Sign 

A sign with clearly legible letters not less than 4 inches (102 mm) high shall be posted in a conspicuous place near the main entrance to a pool which shall indicate the number of occupants permitted for each pool. 

3119B.1.1 Spa Pool 

The occupant capacity of a spa pool shall be based on one bather for every 10 square feet of pool water surface area. 

3119B.1.2 Other Pools 

The occupant capacity of all other pools shall be based on one bather for every 20 square feet of pool water surface area. 

Exception: Occupant capacity requirements do not apply to wading pools. 

3119B.2 Sign for Shallow Pools 

Signs with clearly legible letters not less than 4 inches (102 mm) high shall be posted in a conspicuous place and shall state: “NO DIVING ALLOWED.” 

3119B.3 Warning Sign for Pools Using Gas Chlorine 

Pools at which gas chlorine is used for disinfection shall have a conspicuously posted sign on the exterior side of the entry door to the chlorine room, or on the adjacent wall area.  In addition to displaying the appropriate hazard identification symbol for gas chlorine, the sign shall state with clearly legible letters not less than 4 inches (102 mm) high the following: “DANGER: GASEOUS OXIDIZER—CHLORINE.” 

3119b.4 Warning Sign for Pools Without Pool Lighting 

Where pool lighting fixtures that comply with Section 2-9019 are not provided, a sign with clearly legible letters not less than 4 inches (102 mm) high shall be posted in a prominent place near each entrance to the pool area.  This sign shall state: “NO USE OF POOL ALLOWED AFTER DARK.” 

3119B.5 Warning Sign for a Spa Pool 

A precaution sign with clearly legible letters shall be posted in a prominent place near the entrance to a spa pool which shall contain the following language: 

CAUTION 

(1) Elderly persons, pregnant women, infants and those with health conditions requiring medical care should consult with a physician before entering a spa. 

(2) Unsupervised use by children under the age of 14 is prohibited. 

(3) Hot water immersion while under the influence of alcohol, narcotics, drugs, or medicines may lead to serious consequences and is not recommended. 

(4) Do not use alone. 

(5) Long exposure may result in nausea, dizziness or fainting.” 

3119B.6 Approved Signs 

Approved signs shall be maintained in a legible manner.