Swimming Pool Enclosure Ordinance (SPEO)

Effective: 1/1/08 General Information & Frequently Asked Questions

GENERAL INFORMATION
Swimming pool drownings are tragic and are nearly always preventable. For this reason, the County of Santa Cruyz requires that all new and modified residential (1 & 2 family dwellings - R-3 Occupancy) swimming pool enclosures meet the currently adopted code. The residential Swimming Pool Enclosure Ordinance (SPEO) applies to swimming pools, spas and hot tubs located on the premises of R-3 Occupancy (1 & 2 family dwellings) structures and defines a swimming pool as: Any structure intended for swimming or recreational bathing that contains water over 18 inches deep. This includes in-ground, aboveground and on-ground swimming pools, and fixed-in-place pools.  Pool barriers of some kind have been required in Santa Cruz County since 1970.

APPLICABLE CODES
The currently adopted code requirements, effective January 1, 2008, are in Santa Cruz County Code Section 12.10.216 (Notes: The County Code section replaces 2007 California Building Code Section 3109 in its entirety. Public swimming pools are addressed in California Building Code Chapter 31B). These code requirements are summarized below. Additional code requirements are applicable under the California Electrical, Plumbing, and Mechanical Codes. The County Code and SPEO- related brochures are available on-line at www.sccoplanning.com. Code references must be reviewed for additional technical information. 

RETROACTIVE ENCLOSURE STANDARDS
All new and existing residential one and two family dwellings (R-3 occupancy) pools must comply with requirements for swimming pool enclosures, as described in SPEO. The Applicability Questions and Compliance Checklist will help you to determine if there are any changes needed to bring your pool enclosure into compliance. The standards are illustrated in this brochure.  SCC 12.10.216 (g)

ENTRAPMENT AVOIDANCE UPGRADES 
Entrapment avoidance devices help to prevent drowning due to entrapment in suction outlets. These devices will now be required whenever a building permit is issued for the construction of a new swimming pool or spa and remodel or modification of an existing swimming pool, spa or hot tub. Anti-entrapment covers must be installed on all suction outlets. These covers should be available from your pool installer or manufacturer, or from a pool plaster contractor. SCC 12.10.216 (f)

SPEO CERTIFICATION PRIOR TO SALE OF RESIDENTIAL PROPERTY
Any time a private residential property consisting of a one or two family structure (R-3 Occupancy), and including a pool, spa, or hot tub, is transferred from an owner to another, written certification of compliance with the Swimming Pool Enclosure Ordinance (SPEO) must be provided by the seller to the buyer. Certification can be issued by a Certified Home Inspector or by a County building inspector with a building permit. This requirement only applies to the pool enclosure, not to entrapment avoidance devices.

Certified Home Inspectors
Certified Home Inspectors are professionals who have received training to perform comprehensive evaluations of residential properties and to identify any potential areas of concern for potential buyers or sellers of property. The Santa Cruz County Building Official allows a home inspector certified by the California Real Estate Inspection Association (CREIA), the American Home Inspection Training Institute (AHIT), or the American Society of Home Inspectors (ASHI), to issue certification of SPEO compliance. This inspection is a private transaction that does not involve the County or require a building permit, and certification may be issued the same day the inspection is performed. No other individual, except a SCC building inspector, as note below, may perform this inspection.

Certification By A County Building Inspector
If you wish to have a County Building Inspector issue your written certification, you must obtain a building permit and complete the process as follows:

• Visit one of the County's three Permit Centers to get an over-the-counter permit. Current fee schedules are available by contacting the Building Counter.
• After acquiring your permit, schedule an inspection by calling the Inspection Request line at 831-454-2077 or by using the online inspection form. Select 'Final' under the swimming pool section of the form.
• Meet the building inspector with your issued building permit to conduct the inspection.
• If your barrier and outlet covers meet the requirements of the SPEO, your permit will be finaled and your written certificate will be mailed within 10 business days. Include a copy of the certification with the disclosures made to your buyer when selling your home.

If your pool does not meet the requirements of the SPEO, a Correction Notice will be issued identifying the missing features. You will need to address the issues causing non-compliance and reschedule your final inspection.

GENERAL POOL ENCLOSURE REQUIREMENTS
1.   The SPEO requires a barrier around the pool that meets the detailed requirements of 12.10.216(c). There are two basic complying configurations.

• A fence, which may include pedestrian access gates or other gates meeting all requirements, completely surrounding the pool and separating the pool from surrounding parcels and from the dwelling associated with the pool. See Site Plans A & B
• A fence, which may include pedestrian access gates or other gates meeting all code requirements, with the dwelling forming part of the pool enclosure fence and which separates the pool from surrounding parcels. See Site Plans C & D
• When the wall of the dwelling forms part of the pool enclosure and contains doors, Section 12.10.216(c).9 allows one of three alternatives when approved by the Building Official:

a. Self-closing and self-latching devices installed on all doors with direct access to the pool with the release mechanism located a minimum of 60 inches above the floor;
b. An exit alarm installed on all doors and windows with direct access to the pool;
c.  Other means of protection, such as an ASTM approved safety pool cover, so long as the degree of protection afforded is not less than that afforded by any of the devices described in a & b above.  See Barrier and Gate Details

BUILDING PERMIT AND INSPECTIONS
Compliance with the SPEO requires a building permit in the following instances:

• To build a new swimming pool or pool barrier.
• To rebuild a barrier surrounding your pool, spa, or hot tub.
• To address issues identified in a Swimming Pool Barrier Correction Notice issued by a County Building Inspector.
• To request that a County Building Inspector certifyyour compliance with the SPEO

No Building Permit is required to make the following minor changes to your pool safety features:

• Installing code-compliant door alarms.
• Changing the direction of opening of a gate.
• Moving a gate latch.
• Installing (or removing) features to make your barrier non-climbable.
• Installing features to reduce the size of openings in your barrier.

The process for obtaining a building permit, if one is needed, is as follows:

1. Consult the Permit Center hours and phone numbers, the Building Permit Flowchart, and FAQs.
2. Visit the Planning Department or a Permit Center to get an over-the-counter permit. Check in with the main information desk and wait to meet with a Planner and then a Building Tech to get your permit. Contact the Building Counter for current permit fees.
3. Perform the work approved on your building permit.
4. After you have completed the work, schedule an inspection by calling the Inspection Request line at 831-454-2077 or by using the online form available on the Planning Department’s website by clicking here.
5. Meet the building inspector at the site with your issued building permit to conduct the inspection.
6. If your project meets current requirements, your permit will be finaled.
7. If your project does not meet the current requirements, a Correction Notice will be issued identifying the missing features. You will need to address the issues causing non-compliance and reschedule your final inspection.

FREQUENTLY ASKED QUESTIONS

Q: What if I have questions about my pool barrier?
A: See the SPEO Applicability Questions & Compliance Checklist before calling the Building Counter.

Q: Where can I find a copy of the current barrier requirements?
A:  Santa Cruz County Code Section 12.10.216 – Swimming Pool Enclosure Ordinance is available either on-line at www.sccoplanning.com or is available at the Planning Department front counter along with other Swimming Pool related brochures.

Q: What if I’m planning to sell my home?
A: Schedule an inspection with a Certified Home Inspector who can certify compliance with the SPEO, or contact the Building Counter for information about acquiring a permit to have the inspection performed by a County Building Inspector. Review the ‘SPEO Certification Prior to Sale of a Residential Property’ section in this brochure. 

Q: Can I get a permit to build a pool enclosure even if my pool was built without a permit?
A: You will be able to get a building permit for your pool enclosure, provided it meets all zoning and development standards, but this will not legalize your pool. You may apply for an as-built permit to legalize your pool.

Q: What if I have a red tag (Notice of Violation) on my property? Can I still build a pool barrier?
A: You will be granted an exception to obtain a building permit for your pool enclosure. Subsequent correction of any violation will remain your responsibility and is not eliminated by the issuing of this permit.

Q: What if I need to build a new pool barrier?
A: You must obtain a building permit before beginning any work. See the ‘Building Permits and Inspections’ section in this brochure.

Q: When do I need to install anti-entrapment covers on my pool, spa or hot tub suction outlets?
A: If you are installing a new pool, spa or hot tub, you will need to have these covers in place before your building permit is given final approval and your pool is filled with water. If you apply for a building permit for any remodel or major modification to your pool, you will be required to retrofit your existing pool, spa, or hot tub with these outlet covers. Contact a pool manufacturer, installer, or a pool-remodeling contractor for product and installation information.

Q: What if I need to install door alarms on my back door and windows giving access to the pool? How do I know which models meet the Building Code?
A: Approved Pool alarms complying with SPEO section 12.10.216(c).9 are available from pool supply stores, electronics retailers, and many on-line retailers and can be installed without a permit or inspection. See the Pool Door  and Window Alarms handout  

Q: Can a fence that encloses both the house and pool be used as a enclosure -- if self-closing, self-latching doors, door alarms, and/or a pool cover is used?
A: No. These measures can only be used when the house forms part of the barrier, and the barrier may not enclose the front door of the house or have drive gates.

Q: What will happen if I am unable to comply with these requirements?
A: The Planning Department will not be conducting unannounced inspections to assure consistency with the SPEO. We will conduct inspections when you get a building permit for a remodel or addition, or if you elect to have the County certify your barrier prior to sale of your property. If we get a complaint through our code enforcement program, we will conduct a site inspection, and if a violation is found, correction will be required. Similarly, if a Building Inspector is in the field and notices a non-compliant pool barrier, the inspector will issue a citation requiring correction. There are fines and penalties that can be imposed for non-compliance, and legal remedies available to the County to compel compliance.
The purpose of the SPEO is to address a potentially life-threatening safety hazard. Water is a strong attraction to a naturally curious small child and unprotected pools are a particular danger. Children have drowned tragically even here in Santa Cruz County, and other non-water safe individuals are at-risk.  We would like to view this effort as a partnership between homeowners, the pool and spa industry, builders and contractors, the real estate community, home inspectors, and the County, working together to make our pools, spas, and hot tubs safe.
We recognize that every situation is different. Some owners will have fully compliant pools and spas and will not need to do anything more unless they sell their home or plan to remodel in some way. Other owners may only need to make minor modifications - raise a latch, install self-closing hardware on their gate, change the direction of a gate swing, install a door alarm, or buy an approved pool/spa cover with safety latches for their spa. Modifications such as these can be done quickly without a permit and at little expense.
Other modifications may take more time and be more costly. If there is no pool enclosure at all, one will have to be constructed. Ultimately, compliance is your responsibility. The Planning Department does not have the authority to grant time extensions or waivers.



Codes and other References