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8.1. SR 06-03-2013 City of Elk REQUEST FOR ACTION River TO ITEM NUMBER Mayor and City Council 8.1 AGENDA SECTION MEETING DATE PREPARED BY General Business June 3, 2013 Chris Leeseber , Park Planner-Planner ITEM DESCRIPTION REVIEWED By Review Ordinance as it Relates to Fencing of Pools and Jeremy Barnhart,Deputy Director, Automatic Pool Covers COD REVIEWED BY Cal Portner, City Administrator ACTION REQUESTED Provide staff direction. BACKGROUND/DISCUSSION At the May 6,2013, meeting Open Forum,the City Council directed staff to research the history of pool covers and fences and report back. This direction was in response to a property owner who wishes to utilize a retractable pool cover in lieu of a fence. In 2006, the Council reviewed the ordinance regarding fencing for both above-ground and in-ground pools. The Council approved an ordinance in which all in-ground pools require fencing and all above- ground pools would not. Automatic pool covers were not discussed. The discussion centered around above-ground pools. The ordinance at the time read that above-ground pools required fencing,regardless of their size. This included the small blue inflatable type pools that were popular at the time. It was presented and supported that the sidewalls of an above-ground pool would act as a barrier. Someone physically had to try to get into an above-ground pool as they could not accidentally fall up and over the side walls. The fence requirement was removed, as long as the ladder was removed when not in use. The purpose for a fence with in-ground pools is to act as a barrier to prevent a baby/toddler or inattentive adult from accidentally falling into a pool. The desire was to have a permanent barrier to the pool area to prevent anyone from accidently falling into a "hole in the ground." The functionality, ability, and strength of automatic pool covers are not in question. The concern is that they only work when physically closed and covering the pool, an action required every time the pool is left unattended. Fencing is always in place creating the desired barrier. Fencing is not perfect as a gate may be left open allowing accidental entry. This opening is narrow in comparison to the overall length of a fence. A non-closed pool cover creates a pool that has its entire perimeter subject to accidental entry into the pool. NaA f RE] Both types of barriers have possible access issues, but the small gate opening in a fence is less prone to accidental access. As the ordinance only speaks of lockable gates in the fencing, staff recommends additional language requiring self-closing and self-latching gates. It is understood that any type of barrier can be penetrated. A fence does not prevent someone from intentionally climbing over the fence. Nor does a pool cover prevent someone from intentionally opening it,whether it is with a key or a knife. The intent of the ordinance is to prevent accidental accessing at all times. Any modification to the ordinance will require a public hearing and review by both the Planning Commission and City Council. ATTACHMENTS • City Council Staff Report dated July 17, 2006 • Other City Sample Ordinances N:\Public Bodies\Agenda Packets\06-03-2013\Final\Done\x8.1 sr Pool covers.docx City of Elk River City of Elk River Item Number REQUEST FOR COUNCIL ACTION Agenda Section Meeting Date Prepared by Planning Items July 17, 2006 Chris Leeseber , Park Planner Item Description Reviewed by Ordinance to Approve Amendment to Land Use Regulations Jeremy Barnhart, Planning Manager Section 30-796 Regarding Pool Fences, Requested by the City of Elk River, Public Hearin — Case No. OA 06-05 Introduction An ordinance amendment is being requested to clarify when a fence is needed for an above-ground pool. Attachments Request for Action Letter from Resident • Ordinance No. Action Requested Staff and the Planning Commission recommended the City Council approve the proposed language. Council Action Motion by Second by Vote Follow Up Case File:OA 06-05 Page 2 Overview Staff received a call from a resident regarding the requirements for fences around pools. The concern was with the "smaller" inflatable pools (i.e. 2,000-3,000 gallons) that are common lately due to their low cost and portability. The ordinance states that pools requiring a permit would require a fence, regardless if they are above ground or below ground. Per the State Building Code, pools that require a permit (in turn a fence) are those that meet one or more of these criteria: • Greater than 5,000 gallons • Greater than 24-inches in water depth • Located In-Ground Staff presented this item to the Planning Commission at the June 27, 2006 Workshop meeting. Staff presented the current permit/zoning requirements and several possible options. The Planning Commission was asked to look at the options from the standpoint of safety, staff time and consumer interest. It should be noted that this request is only for above-ground pools, as all in-ground pools require a fence regardless of the size of the pool. The purpose for a fence around an in-ground pool is to act as a barrier to prevent accidental falls into the pool (which is a hole in the ground). Analysis There are several options to consider. The focus of the discussion is the requirement of a fence. The need for a permit is regulated by the state. The Current Ordinance: If a permit is required, a fence is also required for above-ground pools that are 48-inches or less. Fencing shall be chain link,vertical pickets or solid. On above ground pools that are a minimum of four feet above grade on all sides, access can controlled with a lockable or removable ladder. CURRENT ORDINANCE PERMIT FENCE CONTROLLED REQUIRED REQUIRED ACCESS 5J YES YES w AN= YES YES N:\Public Bodies\Agenda Packets\06-03-2013\Final\Done\x8.1 atl.doc Case File:OA 06-05 Page 3 Option A: Regardless if a permit is needed, any above ground pool that is 30-inches or higher would not require a fence, as the sidewalls act as the fence. Controlled access would be required for pools 30- inches or higher. The common minimum height of the inflatable pools appears to be 30-inches. The issues with this option are the pools that are 24-30 inches would still require a fence. Why do these 6-inches need a requirement for a fence? OPTION A PERMIT FENCE CONTROLLED REQUIRED REQUIRED ACCESS YES YES YES YES Option B: If a permit is required, a fence is also required for eve above-ground pool. This option would require a fence for a%pool over 24-inces deep or 5,000 gallons or more. The blue inflatable pools are relatively inexpensive compared to a chain link,vertical pickets or solid fence. OPTION B PERMIT FENCE CONTROLLED REQUIRED REQUIRED ACCESS YES YES N:\Public Bodies\Agenda Packets\06-03-2013\Final\Done\x8.1 atl.doc Case File:OA 06-05 Page 4 Option C.• No fencing is required for aM above-ground pool. A permit is still required if the pool is over 24- inces deep or 5,000 gallons or more. Controlled access would be required for pools 24-inches or higher and failure to due so would be a misdemeanor which can result in a citation. The thought is the sidewall of an above-ground pool acts as a barrier. The purpose for a fence is to act as a barrier to prevent a baby/toddler or inattentive adult from accidentally falling into a pool. OPTION C PERMIT FENCE CONTROLLED REQUIRED REQUIRED ACCESS YES YES HOLE ABLE TO FALL FN BARRIER THAT MUST BE CLIMBED Planning Commission Action A resident spoke regarding their desires on what should be included in the ordinance. The Planning Commission discussed the options and concluded that side walls of an above-ground pool would be an adequate barrier to prevent accidental entry into the pool. They agreed that they did not want to impose a significant financial impact on a home owner for a temporary pool that is relatively inexpensive. The Planning Commission agreed with staffs recommendation of Option C with additional language being added regarding the storage of chemicals in a structure. Recommendation Staff and the Planning Commission recommended the City Council approve the proposed language which reflects Option C. N:\Public Bodies\Agenda Packets\06-03-2013\Final\Done\x8.1 atl.doc Otsego 64 20-16-5: SWIMMING POOLS: C. All swimming pools as defined by this Ordinance shall be provided with safeguards to prevent children from gaining uncontrolled access. This may be accomplished with fencing or other enclosure of sufficient density as to be impenetrable. Ramsev Sec. 117-349. -Accessory uses and buildings. (2) Fencing. (b) Permanent fencing. 1. All aboveground swimming pools that have a minimum side-wall height of four feet need not be fenced,but shall have removable steps,which steps shall be removed when the swimming pool is unattended. In the event that an accessory deck to the swimming pool is constructed,which is adjacent to any part of the swimming pool, said deck shall include, on its entire outside perimeter,a 36-inch-high guard rail. The guard rail shall be constructed so that no open space within it is wider than six inches. Anoka Section 18-216. Fences. Outdoor private residential swimming pools shall be protected by a fence,wall or building or other enclosure or any combination thereof All fence openings or points of entry into the pool area enclosure shall be equipped with gates.The fence and gates shall be at least four feet in height. All gates shall be equipped with self-closing and self-latching devices placed at the top of the gate or otherwise inaccessible to small children and provided with hardware for permanent locking devices. The openings between the bottom of the fence and the ground surface shall not be more than four inches. Rogers Sec. 125-373. - Swimming pools. (a) Required permits; application. (9) A structure or safety fence at least four feet in height,but not greater than eight feet in height shall completely enclose the pool. As an alternative to a safety fence, an automatic pool cover may be utilized if it meets the standards of F1346-91 (Reapproved 1996) of the American Society of Testing and Materials (ASTM),as such standards may be modified, superseded or replaced by ASTM.