Revised Ordinances of Honolulu

    Article 6. Swimming Pools

Sections:
    16-6.1    Public purpose.
    16-6.2    Fences and other protective devices--Required--Specifications.
    16-6.3    New construction.
    16-6.4    Modifications.
    16-6.5    Exception.
    16-6.6    Violation--Penalty.

Sec. 16-6.1    Public purpose.
    It is found, declared and determined that the maintenance of swimming pools and other similar pools without precautionary measures constitutes a serious public hazard, particularly to children. (Sec. 13-20.1, R.O. 1978 (1983 Ed.))

Sec. 16-6.2    Fences and other protective devices--Required--Specifications.
(a)    Every person in possession of land, either as owner, lessee, tenant or licensee, upon which is situated a swimming, dipping or wading pool which contains water 18 inches or more in depth at any point shall erect and maintain thereon a fence, wall or other enclosure completely surrounding such pool or the property on which the pool is situated, sufficient to make the pool inaccessible to small children; provided, that a dwelling or other building which may serve as a barrier may be used as a part of such enclosure. Such fence, wall or other enclosure, including gates, shall be at least four and one-half feet high.
(b)    All gates or doors must be self-closing and equipped with a self-latching device capable of keeping such gate or door securely closed, with latches placed at least four feet aboveground or otherwise made inaccessible from the outside to small children; provided, that the door of any dwelling forming any part of the enclosures as required by this section need not be so equipped.
(c)    In lieu of maintaining such fence, wall or other enclosure, said person may provide a competent person to keep the pool under observation at all times while water is kept in the pool; and when the pool is not under observation of a competent person, a pool cover or other protective device approved by the building official capable of preventing small children from falling into the water shall be provided.
(Sec. 13-20.2, R.O. 1978 (1983 Ed.))

Sec. 16-6.3    New construction.
    No building permit to construct a swimming, dipping or wading pool covered by this article shall be issued unless provision is made for a fence, wall or other enclosure or, in the alternative, a pool cover or similar protective device, as required by this article. (Sec. 13-20.3, R.O. 1978 (1983 Ed.))

Sec. 16-6.4    Modifications.
(a)    Upon a showing of good cause the building official may:
    (1)    Make modifications in individual cases with respect to the height, nature or location of the fence, wall or other enclosure, gates, doors or latches required by this article; or
    (2)    Permit the use of protective devices or structures other than, and in lieu of, those specified in this article; provided, that in any case the degree of protection afforded by the modifications or substitute devices, or terrain or structures is not less than the protection afforded by the fence, wall or other enclosure, gate, door, latch, pool cover or protection device, as the case may be, described in Section 16-6.2.
(b)    Upon a showing of good cause the building official may grant extensions of time for compliance. Such extensions shall not exceed 30 days at a time.
(Sec. 13-20.4, R.O. 1978 (1983 Ed.))

Sec. 16-6.5    Exception.
    The provisions of this article shall not apply to any swimming, dipping or wading pool on the premises of a hotel as defined in the land use ordinance. (Sec. 13-20.5, R.O. 1978 (1983 Ed.); Am. Ord. 90-97)

Sec. 16-6.6    Violation--Penalty.
(a)    Criminal Prosecution. Any person, firm or corporation violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violations of any provisions of this article is committed, continued or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than $1,000.00, or by imprisonment for not more than one year, or by both fine and imprisonment.
(b)    Administrative Enforcement. In lieu of or in addition to enforcement pursuant to Section 16-6.6 (a), if a person, firm or corporation is not complying with a notice of violation, the building superintendent may have the party responsible for the violation served, by mail or delivery, with an order pursuant to this section.
    (1)    Contents of Order.
        (A)    The order may require the party responsible for the violation to do any or all of the following:
            (i)    Correct the violation within the time specified in the order;
            (ii)    Pay a civil fine not to exceed $1,000.00 in the manner, at the place and before the date specified in the order, after an opportunity for a hearing before the building board of appeals as provided in subsection (b)(2) of this section;
            (iii)    Pay a civil fine not to exceed $1,000.00 per day for each day in which the violation persists, in the manner and at the time and place specified in the order, after an opportunity for a hearing before the building board of appeals as provided for in subsection (b)(2) of this section.
        (B)    The order shall advise the party responsible for the violation that the order shall become final 30 calendar days after the date of its delivery. The order shall also advise that the building superintendent's action may be appealed to the building board of appeals.
    (2)    Effect of Order--Right to Appeal. The provisions of the order issued by the building superintendent under this section shall become final 30 calendar days after the date of the delivery of the order. The party responsible for the violation may appeal the order to the building board of appeals as provided in Section 16-1.1 ROH 1990, as amended. The appeals must be received in writing on or before the date the order becomes final.
    (3)    Judicial Enforcement of Order. The building superintendent may institute a civil action in any court of competent jurisdiction for the enforcement of any order issued pursuant to this section. Where the civil action has been instituted to enforce the civil fine imposed by said order, the building superintendent need only show that the notice of violation and order were served, that a civil fine was imposed, the amount of the civil fine imposed and that the fine imposed has not been paid.
(Sec. 13-20.6, R.O. 1978 (1983 Ed.); Am. Ord. 90-97)