4.0 PCSR 06-27-2006ITEM # 4.
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MEMORANDUM
TO: Planning Commission
FROM: Chris Leeseberg, Park Planner
DATE: June 27, 2006
SUBJECT: Fencing Requirements for Pools
Attachments
o Ordinance Amendment Staff Report (Case File: OA 04-03)
o Section 30-796 of City Ordinance
o Minnesota Residential and Plumbing Code 1300.0120
Overview
Staff received a call from a resident regarding the requirements for fences around pools.
The ordinance states that pools requiring a permit would require a fence, regardless if they
are above ground or below ground. 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 than 24-inches in water depth
o Located In ground
Their concern was with the "smaller" inflatable pools (i.e. 2,000-3,000 gallons) that are
common this time a year.
Staff will provide more information at the meeting fox review and comments.
S:\PLANNING\Case Files\2006\OA\OA Pool Fences\PC Workshop (-27-OG.doc
Item #
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MEMORANDUM
TO: Mayor and City Council
FROM: Scott Hariicker, Senior Planner
DATE: October l8, 2004
SUBJECT: Case No. OA 04-03
Request by City of Elk River for Ordinance Amendment
Request
Consider an ordinance amendment regarding fencing around pools
Attachment
• Current ordinance
• Proposed Ordinance
Overview
The current ordinance is not clear about fencing requirement around pools. Fencing is only
referenced as a note in the dimensional regulations chart. It only states that pools shall be
completely enclosed with an opaque chainlink or equivalent fence at least four feet high with
a lockable gate.
Issues
What is opaque?
It is not clear why this term is included. Is it to screen the pool or is it an attempt to make
the fence non-climbable. If a resident wants privacy they can install a stockade fence or
utilize landscaping. Afour-foot high fence, even with slates, would still be climbable for a
deterrnined child. At the Planning Commission meeting, it was suggested that one possible
reason for including the term opaque was to address the issue of "attractable nuisance".
Memo to Mayor and City Council/Case No. OA 04-03
October ] 8, 2004
What about above ground pools?
Page 2
The current ordinance requires all pools have a fence. If a resident has a two foot deep
portable pool it has to be fenced. There is no distinction between a portable wading pool ox
a permanent in ground pool.
At what point does the fence have to be installed?
The current ordinance does not identify a specific time frame fox when the fence has to be
installed. A resident can install the pool, fill it and begin using it prior to the fence being
installed. It will not be caught until the resident calls for final. inspection; they have up to a
year to do this.
Proposed Ordinance
POOLS
All below ground pools that require a building permit shall be enclosed with a fence that is a
m;n;mum 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 between the
bottom of the fence and the ground or between the pickets shall not exceed 4 inches.
All above ground pools that require a building permit shall be enclosed with a fence that
complies with standards for below ground pools. 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.
The above ordinance is proposed to address the issues outline above.
tiVhat is opaque?
The reference to opaque was eliminated. The intent of the fence is to prevent young children
from accessing the pool. This can be accomplished without requiring that the fence be
opaque.
I~hat about above ground pooh?
Pools 5000 gaIlons and larger require building permit. This criteria was used as the base for
when a fence is required around a pool. For above ground pools, a fence is not needed if
access to the pool is controlled with a lockable gate, or lockable or removable ladder
At what point doer the fence have to be installed?
The fence will have to be installed prior to filling the pool.
S:\PLAI~TNING\Case Files\2004\OA 04-03 City of ER Pools\OA04-03CC10-18.doc
Memo to Mayor and City Council/Case No. OA 04-03
October 18, 2004
Planning Commission Meeting
Page 3
At the Planning Commission meeting held on September 28~', no one spoke at the public
hearing. The Commission discussed how the height should be measured on above ground
pools. The height should be measured above grade and on all sides of the pool.
Recommendation
The Planning Commission and staff recommend that the City Council adopt the attached
ordinance amendment clarifying the fencing requirements for pools.
S:\PLAl~T ING\Case Files\2004\OA 04-03 City of ER Pools\OA0403CC10-18.doc
LANI3 DEVELOPMENT REGULATIOI~*S
(b) Height of fences in side ¢nd front y¢rds. No
fence in a front yard or along a side line of a lot in
a residential zone, other than a retaining wall,
shall be higher than six feet in height unless the
adj oining lot is not in a residential zone. Construc-
tion of a fence exceeding six feet in height re-
quires abuilding permit.
(c) Height of fences in re¢r yard. No fence
higher than eight feet may be located in a re-
quired rear yard in a residential district, unless
the adjoining lot is not in a residential zone.
Construction of a fence exceeding sig feet in
height requires a building permit.
(d) General requirements for fences.
(1) Loc¢tion. Any fence shall be located en-
tirely upon the private property of the
person constructing or causing the con-
struction of such fence unless the owner of
the adjoining property agrees, in writing,
that such fence may be erected on the
division line of the respective properties.
The director of planning or their designee
may require the owner of the property
upon which a fence exists to establish the
boundary lines of the property by a survey
thereof.
(2) Construction ¢nd m¢inten¢nce.
a. Every fence shall be constructed in a
complete and substantial manner and
of materials reasonably suited for
the purpose for which 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 con-
tinue which is dangerous to the pub-
lic safety, health, or welfare as deter-
mined by the director of planning or
their designee.
c. Electric fences, barbed wire fences
and barbless wire fences shall be
permitted only in the A-1 and R-la
zoning districts when related to farm-
ing, but not as boundary fences.
(3) Finished side of fence to f¢ce ¢djoining
property. If the material used in the fence
construction is not finished on both sides,
Supp. No. 8 CJ_
§ 30-798
the finished side of the material shall be
on the outside, facing the abutting or
adj oining properties, and all posts or struc-
tures supporting the fence shall be on the
inside of the fence.
(4) a. ~ All below ground pools that require
a building permit shall be enclosed
with a fence that is a rr,in;rr,um four
feet high and includes lockable gates.
The fence shall be installed prior to
filling the pool. Fenang shall be chain
link, vertical pickets or solid. Spaces
between the bottom of the fence and
the ground or between the pickets
shall not exceed four inches.
b. All above ground pools that require
a building permit shall be enclosed
with a fence that complies with stan-
dards for below ground pools. On
above ground pools that area mini-
mum of four feet above grade on all
sides, access can controlled with a
lockable or removable ladder.
(Code 1982, § 900.20(6); Ord. No. 03-10, § 1,
6-16-2003; Ord. No. 04-15, § 1, 10-18-2004)
Sec. 30-797. Essential services.
Essential services may be located in any dis-
trict subject to compliance with all applicable
laws, regulations and ordinances. Prior to the
commencement of construction, installation or
condemnation, plans for the proposed essential
service activity shaIl be submitted to and re-
viewed by the council. The council may require
that the location and construction of such services
be made compatible with the existing and planned
development, including, without Limitation, roads,
parks, schools and buildings.
(Code 1982, § 900.20(9))
Sec. 30-798. Structures to have access.
(a) Every building hereafter erected or placed
shall be on a lot abutting and having access to a
street.
(b) All structures shaIl be so located on lots as
to provide safety and convenient access for servic-
ing, fire protection, and required off-street park-
ing.
)30:92.1
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MINNESOTA RULES, CHAPTER 1300
written confirmation to the code official before a certificate of
occupancy is issued that the performance-based design has
been properly implemented, the operation or use of the build-
ing iswithinthe limitations of the design, and adequate controls
are in place to maintain compliance with the conditions of the
design throughout the life of the building.
na Subp. 15. Tests. If there is insufficient evidence of compliance
M with the code, or evidence that a material or method does not
M conform to the requirements of the code, or in order to sub-
M stantiate claims for alternative materials or methods, the build-
M ing official shall have the authority to require tests as evidence
M of compliance to be made at no expense to the municipality.
M Test methods shall be as specified in the code or by other recog-
M sized test standards. In the absence of recognized and accepted
M testmethods, the building official shall approve the testingpro-
M cedures. Tests shall be performed by an approved agency. Re-
M ports of the tests shall be retained by the building official.
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N 1300.0120
M PERMITS
Subpart 1. Required. An owner or authorized agent who in-
tends to construct, enlazge, alter, repair, move, demolish, or
change the occupancy of a building or structure; erect, install,
enlarge, alter, repair, remove, convert, or replace any gas, me-
chanical, electrical, plumbing system, or other equipment, the
installation of which is regulated by the code; or cause any such
work to be done, shall first make application to the building of-
ficial and obtain the required permit.
Subp. 2. Annual permit. In lieu of an individual permit for
each alteration to an already approved building or electrical,
gas, mechanical, or plumbing installation, the building official
may issue an annual permit upon application for the permit to
any person, firm, or corporation regularly employing one or
more qualified trade persons in the building, structure, or on the
premises owned or operated by the applicant for the permit.
Subp. 3. Annual permit records. The person to whom an
annual permit is issued shall keep a detailed record of alter-
ationsmade under the annual permit. The building official shall
have access to the records at all times or the records shall be
filed with the building official as designated.
Subp. 4. Work exempt from permit. Exemptions from permit
requirements of the code do not authorize work to be done in
any manner in violation of the code or any other laws or ordi-
nances of this jurisdiction. Permits shall not be required for the
following:
A. Building:
(1) one-story detached accessory structures, used as
tool and storage sheds, playhouses, .and similar
uses, provided the floor area does not exceed 120
square feet (11.15 mm2);
(2) fences not over six feet (1829 mm) high;
(3) oil demcks;
(4) retaining walls that are not over four feet (1219
mm) in height measured from the bottom of
the footing to the top of the wall, unless supporting
1300.0120
a surcharge or impounding Class I, II, or III-A
liquids;
(5) water tanks supported directly upon grade if the ca-
pacity does not exceed 5,000 gallons (18927 L) and
the ratio of height to diameter or width does not ex-
ceed 2 to 1;
(6) sidewalks and driveways that are not part of an ac-
cessible route;
(7) decks and platforms not more than 30 inches (762
mm) above adjacent grade and not attached to a
structure with frost footings and which is not part of
an accessible route;
(8) Painting, papering, tiling, carpeting, cabinets,
countertops, and similar finish work;
(9) temporary motion picture, television, and theater
stage sets and scenery;
(10) prefabricated swimming pools accessory to
dwelling units constructed to the provisions of the
International Residential Code or R-3 occupancies
constructed to the provisions of the International
Building Code, which are 24 inches (610 mm)
or less in depth, do not exceed 5,000 gallons
(19 000 L) and are instaIIed entirely above ground;
(11) window awnings supported by an exterior wall of
Group R-3, and Group U occupancies;
(12) movable cases, counters, and partitions not over
five feet, nine inches (1753 mm) in height; and
(13) agricultural buildings as defined in Minnesota Stat-
utes, section 16B.60, subdivision 5.
Unless otherwise exempted, plumbing, electrical, and me-
chanical permits are required for subitems (1) to (13).
B. Gas:
(1) portable heating, cooking, or clothes drying ap-
pliances; and
(2) replacement of any minor part that does not alter ap-
proval of equipment or make the equipment unsafe.
C. Mechanical:
(1) portable heating appliances;
(2) portable ventilation appliances and equipment;
(3) portable cooling units;
(4) steam, hot, or chilled water piping within any heating
or cooling equipment regulated by this code;
(5) replacement of any part that does not alter approval
of equipment. or make the equipment unsafe;
(6) portable evaporative coolers; and
(7) self-contained refrigeration systems containing ten
- pounds (4.5 kg) or less of refrigerant or that are actu-
ated bymotors of one horsepower (0.75 kV~ or less.
D. Plumbing: the clearing of stoppages, provided the work
does not involve or require the replacement or rearrangement
of valves, pipes, or fixtures.
E. Electrical: an electrical permit is not required if work is
inspected by the State Board of Electricity or is exempt from
inspection under Minnesota Statutes, section 326.244.Obtain-
ing a permitfrom the Board of Electricity does not exempt the
work from other Minnesota State Building Code requirements
relating to electrical equipment, its location, or its perfor-
mance.
MINNESOTA RESIDENTIAL AND PLUMBING CODE