#3 Public hearing and action to revise height threshold and fence requirements for swimming pools and hot tubs (File Ord. #2011-500)
Community Development Department Memorandum
Date: November 14, 2011
TO: Janesville City Council
FROM: Gale Price, Building & Development Services Manager
SUBJECT: Second reading, public hearing and action 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).
_____________________________________________________________________
I. RECOMMENDATION
Community Development Department recommends that the City Council adopt file
ordinance No. 2011-500, amending Chapter 15 which revises the height threshold
and fence height requirements for swimming pools and hot tubs.
II. CITY MANAGER RECOMMENDATION
The City Manager recommends approval.
III. REQUEST
Under the direction 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. The direction to modify the fence height
requirements came after a citizen requested that the Council consider a
modification to the Ordinance.
IV. ANALYSIS
A. The current pool and hot tub 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 the ordinance has been historically applied, an above ground pool
with a side wall height of five (5’) feet in height has not been required to have a
fence around the pool if the ladder to get into the pool is securable. If an above
ground pool is less than five (5’) feet in height and has a rail along the top and
the ladder to enter the pool is locked, it also does not need an additional fence
around it.
B. The current ordinance is based on state law that requires a public pool to have
a five foot fence around the facility. In the review of the Staff report and
presentation on September 12, it was apparent that the height requirement for
a fence around a pool in Janesville is more than all other comparable
Wisconsin cities. In addition the pool wall height threshold in Janesville allows
taller pools versus the comparable cities. As a result of the discussion the
Council directed staff to modify the threshold requiring a fence and a pool
permit from thirty (30”) inches to twenty-four (24”) and reduce the required
fence height from five (5’) feet to four (4’) feet in height.
C. The proposed ordinance includes the modifications as directed by the Council.
In addition it includes a requirement for above ground pools of four (4’) in height
to have a minimum twelve (12”) inch rail around them to keep persons from
climbing into the pool from the side. When the proposed ordinance was drafted
by staff it was felt that the additional rail should still be required because of the
way the wall height relative to the fence height requirement has historically
been handled. It was also felt to be appropriate given the occasional
occurrence that topography of a lot diminishes the effectiveness of the side wall
height.
D. After the Council directed staff to make the modifications as proposed the
Council was contacted by Tracy Schroeder who had made the original request,
indicating that she also wanted the Council modify the ordinance to not require
a pool permit for temporary pools as some communities do not impose a permit
requirement for a temporary pool. Staff has not included such a provision in
the proposal. The current ordinance requires a temporary pool to have a permit
when wall height threshold (currently 30 inches) is met just as a permanent
pool is required to have a permit. Because the hazard created by a temporary
pool is just as great as a permanent pool, a permit should be required. Also if a
permit is required for the pool it helps to ensure that Staff has the opportunity to
review the fence requirements with the applicant and it increases the likelihood
that the owner will comply with the regulations. In reviewing documentation
provided by the National Drowning Prevention Alliance, they believe that all
communities must handle temporary pools like a permanent pool and require
fence barriers to protect those who are most vulnerable to drowning in such
facilities (children 5 and under). Staff agrees with the Alliance and is not
supporting a waiver of the permit requirement for temporary pools.
E. During the discussion September 12, Council President Brunner indicated that
he believed that there should be a conscious public information campaign
regarding pool fence requirements. In review of the Department procedures,
there has been information provided to a number of sources to educate the
public including the use of the City web site, Park Place News and providing a
letter to the manager of each retailer that Staff is aware of selling temporary
pools. Specifically with regards to the retailers, they have not assisted the City
by providing the information to their customers. As the City moves forward with
implementation of the revised ordinance, Staff will meet with the retail
managers to review the changes to the regulations and personally request that
they provide the documentation for their customers.
VI. SUMMARY
The proposed ordinance has been drafted by Staff at the direction of the City
Council to address a citizen concern. Staff believes that the modification to the
pool wall height requirement and the fence height requirement is consistent with
comparable Wisconsin communities and general safety practices. Staff does not
believe that modification of the current regulations as proposed will create a
liability for the City and will most likely increase safety as more pools will be
required to include fences around them.
COMPARABLE CITIES
CURRENT REGULATIONS
CITY POOL HIGHT FENCE HIGHT FENCE NOTES
THRESHOLD MINIMUM REQUIREMENT
APPLY TO
TEMPORARY
POOLS
JANESVILLE 30 INCHES 60 INCHES (5 FOOT) YES
EAU CLARE 24 INCHES 48 INCHES (4 FOOT) YES
BELOIT 24 INCHES 54 INCHES (4.5 NO
FOOT)
FON DU LAC 12 INCHES 48 INCHES (4 FOOT) YES IF POOL IS
DRAINED
NIGHTLY NO
FENCE
REQUIRED
APPLETON 24 INCHES 48 INCHES (4 FOOT) YES
GREEN BAY NA 48 INCHES (4 FOOT) YES
KENOSHA NA 48 INCHES (4 FOOT) YES
LACROSSE NA 48 INCHES (4 FOOT) YES FENCE REQ
DEFINED BY 250
SF AREA
MANITOWOC 24 INCHES 48 INCHES (4 FOOT) YES
OSHKOSH 24 INCHES 42 INCHES (3.5 YES
FOOT)
RACINE 12 INCHES 48 INCHES (4 FOOT) YES
SHEBOYGAN 12 INCHES 48 INCHES (4 FOOT) YES
WAUKESHA 42 INCHES 48 INCHES (4 FOOT) YES LARGE POOL
HEIGHT
PROPOSED 24 INCHES 48 INCHES (4 FOOT) YES CONSISTIENT
JANESVILLE WITH
COMPARABLE
CITIES
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.
1
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
2