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2011-500 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 inches or more shall be enclosed with a fence or wall, not Tess than 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 Zink shall be constructed of not less than thirteen (13) gauge corrosion resistant 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 Tess than 30 feet from any property line having street frontage. (2) Excepted from the requirement of a fence enclosure not less than 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. (4) Excepted from the requirement of a full fence enclosure are non -pool structures, such as Koi ponds. 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: November 14, 2011 Motion by: McDonald Second by: Liebert APPROV Councilmember Aye Nay Pass Absent (� , '� Dongarra -Adams X kl� Liebert X Eric . evitt, ' anager McDonald X Rashkin X ATTEST: Steeber X Voskuil X �.i/ /tit Je. ' Ann Wulf, City Clerk- Treasure APPROVED AS TO FORM: �-AttJ U •� Ass City ant Attorney , Proposed by: Common Council -_ Prepared by Community Development Department 2