HomeMy WebLinkAbout2571 Swimming Pools / 10.26 ORDINANCE NO. ~/
AN ORDINANCE ADDINa A NEW CHAPTER 10.~3~2 TO THE ASHLAND MUNICIPAL CODE
PERTAININa TO SWIMMINa POOLS AND PUBLIC SAFETY REQUIREMENTS THEREFOR.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. A new Chapter 10.3~2 shall be added to the Ashland Municipal Code
and shall read as follows:
Title 10
PUBLIC PEACE, MORALS AND SAFETY
Chapter 10.~
SWIMMING POOLS
Sections
10.~2.010
10.~.~O20
10.~3~.~30
10.~2~..040
10. 9050
Public Hazard--Defined.
Physical Barrier Required.
Applicability--Exceptions.
Modification and Extension.
Violation--Penalty.
104-2.010 Public Hazard--Defined. It is determined and declared that the
maintenance of private swimming pools without appropriate precautionary
measures constitutes a hazard to the safety of the inhabitants of the city,
particularly children.
10.~.020 Physical Barrier Required. A. Every person, firm or corporation in
possession of land within the city, either as an owner, purchaser under
contract, lessee, tenant, or licensee, in which there is situated an excavated
or portable swimming pool containing or capable of containing water eighteen
inches or more in depth at a point, shall erect and maintain on the lot or
premises upon which such pool is located an adequate physical barrier
sufficient to make such pool inaccessible to unsupervised small children.
B. Such physical barrier shall completely surround such pool and shall not
extend less than three (3) feet above the adjacent ground level with openings
no larger than four inches in any dimension except doors and gates; provided
however, that a dwelling house or accessory building may be used as part of
such enclosure.
C. Such physical barrier shall be constructed in such a way as to prevent
access under the lower edge by small children.
D. All gates or doors opening through the enclosure, except the door of any
dwelling occupied by human beings and forming any part of the enclosure
required above, shall be equipped with a self-closing and self-latching device
designed to keep and capable of keeping the door or gate securely closed at all
times when not in actual use. The self-latching device shall be placed not
less than three feet above the underlying ground or otherwise made inaccessible
from the outside by small children.
E. If the exterior walls of a portable or raised swimming pool are vertical
and extend at least 36 inches above the grade of the abutting ground at all
points, no further fencing shall be required except such as will be necessary
to enclose the ladder, steps, or other such access to the pool.
F. Approved covers or alternate means of protection may be authorized by the
Building Official if they can be shown to provide protection equivalent to that
described in this section.
10~.030 Applicability--Exceptions. A. The primary method for enforcement
of this chapter shall be by discovery or the filing of a complaint with the
city.
B. The provisions of this chapter shall not apply to swimming pools which are
owned, operated and maintained by a legally constituted public jurisdiction.
C. All new swimming pools erected after the adoption of this chapter shall
meet the conditions set forth in this chapter.
D. Any person, firm, or corporation in possession of land within the city,
either as an owner, purchaser under contract, lessee, tenant, or licensee in
which there is situated an excavated or portable swimming pool, shall erect
some sort of fencing within sixty days of adoption of this chapter and be in
full compliance with the requirements contained in this chapter by July 1,
1990.
10..~.040 Modification and Extension. A. The Building Official may allow
slight or minor modifications for good cause shown in individual cases with
respect to the nature or location of fences, walls, gates or latches, or the
necessity therefor, provided the degree of protection is not reduced thereby.
B. The Building Official, upon application of a person, firm or corporation
may grant an extension of time for compliance in individual cases upon showing
of good cause. Such extension of time shall not exceed thirty days.
10~2.050 Violation--Penalty. Any person, firm or corporation found in
violation of the terms of this chapter, and upon conviction, shall be guilty of
an infraction and shall be punished as set forth in Section 1.08.020 of the
Municipal Code.
The foregoing ordinance was first read on the
1990, and duly PASSED and ADOPTED this ~??" day of
j , ~. ~./ -~-
'Jill Turner
City Recorder (Acting)
SIGNED and APPROVED this ~'~x day of /¥/f"~'J' /
day of
1990.
, 1990
c
Mayor