6.5. SR 07-17-2006
City of Elk River
REQUEST FOR COUNCIL COMMISION
ACTION
Agenda Section
Plannin Items
Item Description
Ordinance to Appro\Te Amendment to Land Use Regulations
Section 30-796 Regarding Pool Fences, Requested by the City of
Elk River, Public Hearin - Case No. OA 06-05
Item Number
Meeting Date
lulr 17, 2006
6.5.
Prepared by
Chris Leeseber , Park Planner
Reviewed by
] eremy Barnhart, Planning Manager
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 tlle Planning Commission recommended the City Council approve the proposed language.
Council Action
~fotion by _
Second by _
\Tote
Follow Up
Case File: 01\ 06-05
Page 2
Overview
Staff received a call from a resident regarding the requirements for fences around pools. The
concern \vas \vith 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 \vould require a fence, regardless if they are above
ground or belo\v 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:
o Greater than 5,000 gallons
o Greater tllan 24-inches in \vater depth
o 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 sllould be noted tllat this request is only for above-ground pools, as all in-ground pools require a
fence regardless of the size of tile pool. The purpose for a fence around an in-ground pool is to act
as a barrier to pre,rent accidental falls into tlle 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 abo,re-ground pools that are 48-inches or less.
Fencing sllall be chain link, \rertical pickets or solid. On above ground pools that are a minimum of
four feet abo,re grade on all sides, access can controlled \vith a lockable or removable ladder.
CURRENT
ORDINANCE
PER1vIIT FENCE CONTROLLED
REQUIRED REQUIRED ACCESS
g~~ll \
~ll \ YES YES
~ll WE WAlL t~ YES YES
ACTS AS FU-U
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Case File: OA 06-05
Page 3
Option A:
Regardless if a permit is needed, any above ground pool that is 3D-inches or higher \vould not
require a fence, as the side,valls act as the fence. Controlled access would be required for pools 30-
inches or higher.
The common minimum l1eight of the inflatable pools appears to be 3D-inches. The issues with this
option are dle pools that are 24-30 inches would still require a fence. Why do these 6-inches need a
requirement for a fence?
OPTION
A
PER11IT FENCE CONTROLLED
REQUIRED REQUIRED ACCESS
~~~l ) \
~l \ YES YES
"~lY tx:U
= I' WATTU.
"':ICI: Ii'f'tN, 1:1 II: llClit e:MOI
~) SttE..'AlJ.. t~ YES YES
AcrS AS ~CE
Option B:
If a permit is required, a fence is also required for e\rery above-ground pool. This option \vould
require a fence for any pool o'ver 24-inces deep or 5,000 gallons or more. The blue inflatable pools
are relati,rely inexpensive compared to a chain link, ,rertical pickets or solid fence.
OPTION
B
PEID.lIT FENCE CONTROLLED
REQUIRED REQUIRED ACCESS
g~~r ) \
~) \ YES YES
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Case File: 01\ 06-05
Page 4
OptiOl1 C:
No fencing is required for any above-ground pool. A permit is still required if the pool is o,rer 24-
inces deep or 5,000 gallons or more.
Controlled access ,vould 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 side\vall of an abo,re-ground pool acts as a barrier. The purpose for a fence is to
act as a barrier to pre,rent a baby/toddler or inattenti,re adult from accidentally falling into a pool.
OPTION
C
PERMIT FENCE CONTROLLED
REQUIRED REQUIRED ACCESS
g~~l ) \
~) SInE WAll.. t=~ YES YES
ACiS AS B.ARJUa
~\
~(jl
HOLE ABLE TO FALL IN
BARRIER THAT MUST BE cr..n.mED
Planning Commission Action
A resident spoke regarding their desires on \vhat should be included in the ordinance. TIle Planning
Conunission discussed the options and concluded that side \valls of an above-ground pool \vould be
an adequate barrier to pre\lent 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 relati:\Tely
. .
llleXpenslve.
The Planning Conunission agreed \vith staffs recommendation of Option C with additional
language being added regarding tile storage of chemicals in a structure.
Recommendation
Staff and dle Planning Conunission recommended the City Council approve the proposed language
\vhich reflects Option C.
S:\PLA..NNING\Case Files\200G\OA \01\ 06-05 Pool Fences\OA 06-0S_CC.doc
Hello, my name is Molly Lusignan from Elk River. I am here tonight to
discuss safety issues with personal inflatable pools that hold more than 24
inches of water.
filE CO 1
I have spoke with city officials a couple of times regarding this issue and
have learned that any type of pool over 24 inches or deeper must be enclosed
by a fence which then would require a building permit. With these pools
available for around $50.00, we all know that spending 5 times that amount
on a fence is not desirable. It is my understanding this policy and procedure
is going to be reviewed tonight with the intention of revising the city rules
and regulations soon.
On that note, the key to preventing any tragedy is to have multiple levels of
protection. I feel we as a community can provide multiple levels of
protection by having regulations followed by consequences for
noncompliance.
- All pools including inflatable/portable pools greater than 24 inches of
water must have a free city permit designed just for these types of
pools.
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- The city permit regulations would include the following for safety:
o All pools shall be made inaccessible when not in use.
o Ladders and steps shall be capable of being secured, locked or
removed to prevent access.
o Ladders and steps that are non-removable or non-folding shall
be surrounded by a fence or barrier.
o All pools that require a chlorine pump must have an electrical
inspection.
o All chemicals left outdoors need to be on a shelf at least 5 feet
off the ground.
o A city official would be authorized to conduct a safety
inspection to ensure compliance.
o Failure to comply with the above issues would result in fine.
Once regulations are made by the city, the issue then becomes educating the
public on the need for a permit for pools containing more than 24 inches
water.
Water is fun but dangerous, let's take aggressive, multiple steps to help
prevent tragedies involving our beloved children. Thank you.
ORDINANCE 06 -
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 30-796 "FENCES; VISIBILITY AT INTERSECTIONS AND DRIVEWAYS"
OF THE CITY CODE OF ORDINANCES
Case No. OA 06-05
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 30-796 titled "Fences; visibility at intersections and drive\vays" of the City of Elk
River Code of Ordinances shall ,be amended by amending the fa llo'\ving:
(a) Height restrictions. In any residential zone on any lot, no fence or planting shall rise over 2 1/2
feet in height abo've the level of the public side\valk or curb of street \vithin ten feet of the front
property line.
(b) Height offe/u:es ill side and front ),'arc/s. No fence in a front yard or along a side line of a lot in a
residential zone, other dlan a retaining \vall, shall be higher than SL~ feet in height unless the adjoining
lot is not in a residential zone. Construction of a fence exceeding SL~ feet in height requires a building
p errni t.
(e) Height offences in real:JJard No fence higher than eight feet may be located in a required rear yard
in a residential district, unless the adjoining lot is not in a residential zone. Construction of a fence
exceeding SL\: feet in height requires a building permit.
(d) General reqttireJJJents forfences.
(1) Location. Any fence shall be located entirely upon the private property of the person
constructing or causing the construction of such fence unless the o\vner of the adjoining property
agrees, in \vriting, that such fence may be erected on the division line of the respective properties.
The director of planning or their designee ma}T require the o\vner of the property upon \vhich a fence
exists to establish the boundary lines of the property by a survey thereof.
(2) COllstruction and JJJaintenance.
a. E'very fence shall be constructed in a complete and substantial manner and of materials
reasonably suited for the purpose for \vmch the fence is proposed to be used.
b. Every fence shall be maintained in a condition of reasonable repair. No fence shall be
constructed or continue \vhich is dangerous to the public safety, health, or \velfare as determined by
the director of planning or their designee.
c. Electric fences, barbed \we fences and barbless \me fences shall be permitted only in the A-1
and R-la zoning districts \vhen related to farming, but not as boundary fences.
(3) Finished side of flnce to fac:e acfjoinil1gproper!J. If the material used in the fence construction is not
fmished on both sides, the finished side of the material shall be on the outside, facing the abutting or
adjoining properties, and all posts or structures supporting the fence shall be on the inside of the
fence.
(4) a. All belo\v ground pools i:hftt require a building permit and shall be enclosed \vith a fence that
is a minimum four feet high and includes lockable gates. The fence shall be installed prior to filling
the pool. Fencing shall be chain link, vertical pickets or solid. Spaces bet\veen the bottom of the
fence and the ground or benveen the pickets shall not exceed four inches.
b. All above ground pools that require a building permit shall have access controlled ,vith a means
to prevent access into the above ground pool \vhen unoccupied. Failure to prevent access into an
above ground pool \vhen unoccupied is a misdemeanor. be enclosed ~ith a fencc that complics "'1.th
standards for bclo7"..v ground pools. On abo;-c ground pools that arc a minimum of four feet abo;-c
grzo4dc on all sidcs, access can controlled "0.-ith a lockable Of rcmoyablc ladder.
c. All pool related chemicals shall be stored inside a structure.
(Code 1982, ~ 900.20(6); Ord. No. 03-10, ~ 1,6-16-2003; Ord. No. 04-15, ~ 1,10-18-2004)
Section 2. That dus ordinance shall take effect upon publication as provided by la'\v.
Passed and adopted by the City Council of the City of Elk River this 17th day of
July, 2006.
Attest:
Stephanie I<Jinzing
Mayor
Joan Schmidt
City Clerk
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