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5.4. SR 07-11-2006City of Elk River Item Number REQUEST FOR PLANNING COMMISION 5.4 ACTION Agenda Section Meeting Date Prepared by ~I, Plannin Items ul 11, 2006 Chris Leeseber ,Park Planner l~ Item Description Reviewed by Request by City of Elk River to Amend Land Use Regulations Jeremy Barnhart, Planning Manager Section 30-796 regarding pool fences, Public Hearing -Case No. OA O6-OS Introduction An ordinance amendment is being requested to clarify when a fence is needed for an above-ground pool. Attachments Request for Action Proposed Ordinance Language Action Requested Staff is recommending the Planning Commission recommended approval of the proposed language. Planning Commission Action Morton by Second by voce 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 axe above ground or below ground. Per the State Building Code, pools that require a permit (in turn a fence) are those that meet one ox more of these criteria: o Greater than 5,000 gallons o Greater than 24-inches in water 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 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 fox 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 REQUIRED FENCE REQUIRED CONTROLLED ACCESS ~J~~ YES YES ~~ ~m~~ ~ YES YES S:\PLANNING\Case Files\2006\OA\OA O6-OS Pool Fences\OA O6-OS_PC.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 REQUIRED FENCE REQUII2ED CONTROLLED ACCESS ~~'~ ~ YES YES ~~ ~~~ ~ YES YES Option B: If a permit is required, a fence is also required fox 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 PERMTT REQUIltED FENCE REQUIRED CONTROLLED ACCESS ~~~ x~ YES YES S:\PLANNING\Case Files\2006\OA\OA O6-OS Pool Fences\OA 06-05_PC.doc Case File: OA O6-OS Page 4 Option C: No fencing is required for a~ 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 ababy/toddler or inattentive adult from accidentally falling into a pool. OPTION C PERMIT REQUIRED FENCE REQUII2ED CONTROLLED ACCESS €^ ~~ ~ ~~..~ z~ YES YES HOLE ABLE TO FALL IN 5dlll ~' BARRIER THAT MUST B8 CLU4BED Planning Commission Workshop Meeting 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. They did want to see some language added to include a consequence to a pool owner for not providing controlled access to a pool. Staff discussed this with the Police Department and language can be added indicating that failure to comply would be a misdemeanor. The Planning Commission agreed with staffls recommendation with Option C. Recommendation Staff recommends that the Planning Com>nission recommend approval of the proposed language which reflects Option C. S:\PLANNING\Case Files\2006\OA\OA OG-OS Pool Fences\OA 06-05_PC.doc PROPOSED LANGUAGE Sec. 30-796. Fences; visibility at intersections and driveways. (a) Height restrictions. In any residential zone on any lot, no fence or planting shall rise over 2 1 /2 feet in height above the level of the public sidewalk or curb of street within ten feet of the front property line. (b) Height of fencer in .ride and frontyardr. 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 adjoining lot is not in a residential zone. Construction of a fence exceeding six feet in height requires a building permit. (c) Height of fencer in rearyard. 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 six feet in height requires a building permit. (d) General requirements for fences. (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 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 and maintenance. a. Every fence shall be constructed in a complete and substantial manner and of materials reasonably suited for the purpose fox 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 continue which is dangerous to the public safety, health, or welfare as determined 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-1a zoning districts when related to farming, but not as boundary fences. (3) Finished side offence to face adjoining property. If the material used in the fence construction is not finished 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 below ground pools ~ shall be enclosed with 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 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 have access controlled with a means to prevent access into the above ground pool when unoccupied. Failure to prevent access into an above ground cool when unoccupied is a misdemeanor.'~~ --~~'~~~~-' --~~'- (Code 1982, ~ 900.20(6); Ord. No. 03-10, ~ 1, 6-16-2003; Ord. No. 04-15, ~ 1,10-18-2004) 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 COPY 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. ~A,TE RECE6VE /a ~ _______~~_ - 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.