2001-74ORDINANCE NO. 2001-74
An ordinance amending the building code ordinance of the City of danesville exempting certain hot
tubs and spas with locking covers from the fencing requirement, with a penalties and relief for
violations thereof as set in danesville General Ordinance Chapter 15.80.
Whereas the building code of the City of Janesville is intended to protect the health, safety, and
welfare of the community; and
Whereas the fencing requirement for swimming pools is specifically intended to reduce the incidence
of injury or accidental death from drowning; and
Whereas certain locking hot tub and spa covers may provide an adequate substitute for a fence
enclosure;
THE COMMON COUNCIL OF THE CITY COUNCIL OF JANESVILLE DO ORDAIN AS
FOLLOWS:
SECTION I. Section 15.01.280 of the Code of General Ordinances of the City of Janesville
(Swimming Pools - General) is hereby amended to read as follows:
"Section 15.01.280 - SWIMMING POOLS - GENERAL
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.
Every outdoor swimming pool, hot tub and spa with a side wall height of 30 inches or
more shall be enclosed with a fence or wall, not less than five (5') feet in height and of
such design and construction that it cannot be climbed through or over or under. Fencing
shall be constructed of not less than eleven (11) 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.
(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.
O)
Excepted from the requirement of a fence enclosure not less than five (5) 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."
ADOPTED: March 26, 2001
APPROVED:
Steven E. Sheiffer, City Manager
ATTEST:
~ Ann Wulf, City Clerk-Treasurer
A ProwD As tO grm:
MOTION BY: Schneider
SECOND BY: Brien
COUNCILMEMBER AYE NAY PASS ABSENT
SCHNEIDER X
WILLIAMS X
NOLL X
BRIEN X
MURPHY X
O'LEARY X
DEGARMO X
Proposed by: Management Intern
Prepared by: City Attorney