What are the pool fence and setback rules in Duarte?

Duarte's code: At least 60 inches high. (Applies to residential pools under the California Building Code, measured on the side away from the pool.) (§ 16.04.160); At least 5 feet 6 inches high. (Applies to a fence around a swimming pool, wading pool or fish pond over 18 inches deep.) (§ 9.40.020).

Swimming pools in Duarte: the local rules

Duarte code What Duarte's code adds
Pool barrier	The gap between the ground and the bottom of the barrier may be no more than 2 inches. Applies: Residential pool barriers, measured on the side facing away from the pool. § 16.04.160 · code text The maximum vertical clearance between grade and the bottom of the barrier must be two inches measured on the side of the barrier that faces away from the swimming pool. The gap between the pool top and the barrier bottom may be no more than 4 inches. Applies: Applies when the pool top is above grade and the barrier is at ground level or on the pool structure. § 16.04.160 · code text Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on top of the pool structure, and the maximum vertical clearance between the top of the pool structure and the bottom of the barrier must be four inches. Openings must not let a 4-inch-diameter sphere pass through. Applies: Applies to residential pool barriers. § 16.04.160 · code text Openings in the barrier must not allow passage of a 4-inch-diameter sphere. Gaps between vertical members may be no more than 1¾ inches wide. Applies: Applies to barriers where the tops of horizontal members are less than 45 inches apart. § 16.04.160 · code text Spacing between vertical members shall not be greater than 1¾ inches in width. Gaps between vertical members may be no more than 4 inches. Applies: Applies to barriers where the tops of horizontal members are 45 inches or more apart. § 16.04.160 · code text Where the barrier is composed of horizontal members and the distance between the tops of the horizontal members is 45 inches or more, spacing between vertical members must not be greater than 4 inches. Decorative cutout openings may be no more than 1¾ inches wide. Applies: Applies to decorative cutouts in vertical members. § 16.04.160 · code text Where there are decorative cutouts within vertical members, spacing with the cutouts shall not be greater than 1¾ inches in width. Mesh may be no more than 1¾ inches wide, unless slats reduce openings to no more than 1¾ inches. Applies: Applies to chain link fences. § 16.04.160 · code text Mesh size for chain link fences must not be greater than 1¾ inches in width, unless the fence is provided with slats fastened at the top or bottom that reduce the openings to not more than 1¾ in width. Barriers must be placed so that permanent structures, equipment or similar objects cannot be used to climb them. Applies: Applies to residential pool barriers. § 16.04.160 · code text Barriers shall be located as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers. A clear zone of at least 36 inches between the enclosure and climbable equipment such as pumps, filters, and heaters. Applies: Applies to residential pool barriers. § 16.04.160 · code text There shall be a clear zone of not less than 36 inches between the exterior of the enclosure and any permanent structures or equipment such as pumps, filters and heaters that can be used to climb the enclosure. All pool enclosure fencing must be in place and approved before the pool is filled. Applies: Applies to the swimming pool enclosure. § 9.40.020 · code text All fencing forming the pool enclosure shall be in place and approved by the city before water is placed in the pool.
Barrier height	At least 60 inches high. Applies: Applies to residential pools under the California Building Code, measured on the side away from the pool. § 16.04.160 · code text The top of the barrier must be at least 60 inches above grade measured on the side of the barrier that faces away from the swimming pool. At least 5 feet 6 inches high. Applies: Applies to a fence around a swimming pool, wading pool or fish pond over 18 inches deep. § 9.40.020 · code text a fence or other structure not less than five feet six inches in height above grade
Gates	Pedestrian gates must open outward from the pool, self-close, and self-latch; the latch must be at least 60 inches high. Applies: Applies to residential pools under the California Building Code. § 16.04.160 · code text Pedestrian access gates must open outward away from the pool and must be self-closing and have a self-latching device, with the self-latching device placed no lower than 60 inches above the ground. House doors opening directly to the pool or spa need a self-latching device at least 54 inches above ground. Applies: Applies to doors, other than pedestrian gates, of a private single-family home. § 16.04.160 · code text Doors other than pedestrian access gates located on the private single-family home's doors providing direct access to the swimming pool or spa must have a self-latching device placed no lower than 54 inches above the ground. All gates and doors must self-close and self-latch; the latch must be at least 4 feet 10 inches above ground. Applies: Applies to swimming pools, wading pools, or fish ponds over 18 inches deep. § 9.40.020 · code text All gates or doors opening through such enclosure shall be equipped with a self closing and self latching device designed to keep, and capable of keeping, such door or gate securely closed at all times when not in actual use. Such latching device must be located not less than four feet ten inches above the ground.
Maintenance and empty pools	Within 48 hours, the owner must empty or cover the pool and keep it covered until reoccupied. Applies: Applies when the owner learns the property with the pool has been abandoned or vacated. § 9.40.020 · code text No owner of any swimming pool on any land within the city, upon learning that the premises upon which such swimming pool is located or is accessory or appurtenant have been abandoned or vacated by the person in possession or control of such swimming pool, shall fail within forty-eight hours after so learning or so being advised by the building official to either:

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