Hawthorne Zoning Code 17.20.160 requires any swimming pool, pond, spa, or hot tub deeper than three feet to be enclosed by a structure, fence, or wall six feet in height. Any gate or door to the outside must have a self-closing and self-latching device located not less than four feet above the ground.
The City of Hawthorne sets its own pool-enclosure standard in Zoning Code Section 17.20.160, and it is stricter on barrier height than the statewide minimum. The code provides that any swimming pool, pond, spa, or hot tub having a depth greater than three feet shall be enclosed by a structure and/or fence or wall six feet in height. Where the wall of a building is a component part of the enclosure, no separate wall need be installed along that portion occupied by the building wall. Every gate or door to the outside must be equipped with a self-closing device and a self-latching device located not less than four feet above the ground. By contrast, California's statewide pool-barrier law (Health and Safety Code Section 115923) requires only a 60-inch (five-foot) enclosure, so Hawthorne's six-foot requirement exceeds the state floor. At permit time the City also enforces the state-adopted building code, which carries the additional drowning-prevention features of Health and Safety Code Sections 115922-115928 (such as approved gate latches and, for new construction, a second qualifying safety feature). Note that under the city rule the enclosure obligation begins at a depth greater than three feet, capturing many spas and hot tubs.
An in-ground or above-ground pool, pond, spa, or hot tub over three feet deep without a complying six-foot enclosure, or with a gate lacking a self-closing/self-latching device at least four feet up, violates Section 17.20.160 and the adopted building code. This can block permit final, prompt code-enforcement abatement, and create civil liability if a drowning hazard results.
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