#5 Introduce and schedule public hearing to revise height threshold requirements for swimming ppls and hot tubs (File Ord. #2011-500)
Community Development Department Memorandum
Date: October 24, 2011
TO: Janesville City Council
FROM: Gale Price, Building & Development Services Manager
SUBJECT: Introduce and schedule a public hearing on a proposed ordinance
amending Chapter 15 (Building Code) of the Code of General Ordinances
of the City of Janesville to revise the height threshold and fence height
requirements for swimming pools and hot tubs to include a security fence
around the facility (File Ordinance No. 2011-500).
_____________________________________________________________________
At the request of the City Council, the Community Development Department has drafted
an amendment to the Building Code which is Chapter 15 of the Code of General
Ordinances to modify the height threshold and fence height requirements for swimming
pools and hot tubs.
At its September 12, 2011 meeting The City Council reviewed a request to modify the
ordinances pertaining to fences around pools and hot tubs. Current ordinance requires
that any pool (temporary or permanent) having a side wall height of thirty (30”) inches or
more to have fence around the facility of at least five (5’) feet in height. In addition a
pool permit is required for any pool with a side wall of greater than thirty (30”) inches.
As a result of Council direction, staff modified the height when a fence is required from
thirty (30”) inches to twenty-four (24”) and reduced the required fence height from five
(5’) feet to four (4’) feet.
The proposed ordinance includes the above stated modifications. In addition it includes
a requirement for above ground pools of four (4’) in height to have a twelve (12”) inch
rail around them to keep persons from climbing into the pool from the side.
The Community Development Department recommends that following the first reading
of Ordinance No. 2011-500, it be referred to the Plan Commission for review and
recommendation and scheduled for public hearing on November 14, 2011.
City Manager Recommendation:
The City Manager recommends a first reading of the Ordinance and scheduling of a
th
public hearing on November 14.
cc: Eric Levitt
Jay Winzenz
ORDINANCE NO. 2011- 500
An ordinance amending the City’s Building Code to revise the height threshold and fence height
requirements for swimming pools and hot tubs to include a security fence around the facility,
with penalties for violations thereof as set forth as applicable in JGO 15.02.130.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I.
Section 15.01.280 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
“15.01.280 SWIMMING POOLS – GENERAL
A
. Any outdoor swimming pool, hot tub or spa shall be constructed, equipped and
maintained in such manner as to meet the requirements of the State Board of
Health and the applicable codes of the City of Janesville.
B
. Every outdoor swimming pool, hot tub and spa with a side wall height of, or
capable of a height of, 30 24 inches or more shall be enclosed with a fence or
wall, not less than five (5’) four (4’) feet in height and of such design and
construction that it cannot be climbed through or over or under. Fencing that is
chain link shall be constructed of not less than eleven (11) thirteen (13) gauge
corrosion resistant woven wire or other equivalent material and the fence posts
shall be decay and corrosion resistant, set in concrete bases. Entrance shall be
by means of a suitable gate or door of the same construction and height as the
enclosure, which gate or door shall be kept closed and securely locked at all
times when adequate supervision is not inside or within the enclosure. These
requirements shall apply to outdoor swimming pools whether permanent or
temporary.
(1)
Location – No portion of a pool or equipment, located outside a building
shall be located less than eight (8) feet from any side or rear property line,
nor less than 30 feet from any property line having street frontage.
(2)
Excepted from the requirement of a fence enclosure not less than five (5’)
feet in height shall be those pools whose side walls and depth of the
water therein does not exceed 30 inches in height or depth.
(32)
Excepted from the requirement of a fence enclosure not less than five (5’)
four (4’) feet in height shall be those spas and hot tubs which have a
locking cover constructed of sturdy material and in compliance with the
ASTM F1346 standard, which cover shall be in place and locked when
the hot tub or spa is not in use.
(3)
Excepted from the requirement of a full fence enclosure are above ground
pools with side walls of greater than four feet in height which include a rail
of at least twelve (12”) inches above the top of the pool and a secured
entry into the pool. A lockable deck with gate or lockable ladder are
secured entries.
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SECTION II.
This ordinance shall take effect immediately upon adoption by the Common
Council, the public health, welfare, peace, tranquility, good order, public benefit, and police
power so requiring.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
Dongarra-Adams
Eric J. Levitt, City Manager
Liebert
McDonald
ATTEST:
Rashkin
Steeber
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
Assistant City Attorney
Proposed by: Common Council
Prepared by: Community Development Department
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