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Amendment to Ordinance 14-9-1 Swimming PoolsCity of Dubuque City Council Meeting Action Items # 06. Copyrighted May 15, 2023 ITEM TITLE: Amendment to Ordinance 14-9-1 Swimming Pools SUMMARY: City Manager recommending City Council review and adopt the enclosed amendments to the City of Dubuque Code of Ordinances, Title 14 Building and Development, Chapter 9 Swimming Pools. SUGGESTED DISPOSITION: ATTACHMENTS: Description City Manager Memo Staff Memo 14-9 Swimming Pools ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 9 Swimming Pools, Section 14-9-1 Definition Suggested Disposition: Receive and File; Motion B; Motion A Type City Manager Memo Staff Memo Ordinance THE C DUjIBQTE Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Amendment to Ordinance 14-9-1 Swimming Pools DATE: May 12, 2023 Dubuque WAWca 914 ii 2007-2012.2013 2017*2019 Assistant Housing Director Michael Belmont is recommending City Council review and adopt the enclosed amendments to the City of Dubuque Code of Ordinances, Title 14 Building and Development, Chapter 9 Swimming Pools. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:sv Attachment CC' Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Jason Lehman, Assistant City Attorney Wally Wernimont, Planning Services Manager Gus Psihoyos, City Engineer Amy Scheller, Fire Chief Mary Rose Corrigan, Public Health Specialist Alexis Steger, Housing & Community Development Director Michael Belmont, Assistant Housing Director Dubuque THE COF DUUB-&FE II eripl II 2007�2012.2013 2017*2019 Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Michael Belmont, Assistant Housing Director SUBJECT: Amendment to Ordinance 14-9-1 Swimming Pools DATE: May 11 th, 2023 Introduction This memorandum forwards the enclosed amendments to the City of Dubuque Code of Ordinances, Title 14 Building and Development, Chapter 9 Swimming Pools for City Council's consideration. Background This amendment is a simple update to the definition of a "swimming pool" to align ordinance 14-9-1 with the definition in the IPMC. The existing definition defines a swimming pool as something that "contains" water over 24 inches in depth. The amendment adds the word "capable" of containing water over 24 inches in depth. Discussion The proposed amendments update and clarify the current City of Dubuque Code of Ordinances definition of a swimming pool to include those that are capable of holding 24 inches of water or more. Requested Action The Building Code Advisory and Appeals Board has reviewed the respective codes and recommend approval as submitted. I respectfully request City Council review and adopt the proposed amendments to the City of Dubuque Code of Ordinances, Title 14 Building and Development, Chapter 9 Swimming Pools. cc Crenna Brumwell, City Attorney Jason Lehman, Assistant City Attorney Wally Wernimont, Planning Services Manager Gus Psihoyos, City Engineer Amy Scheller, Fire Chief Mary Rose Corrigan, Public Health Specialist Alexis Steger, Housing and Community Development Director F:\Users\ICS\Shared\Codes and Ordinances\2021 I -Codes\ City Manager Staff Memo - Ordinance Update 14-9-1 Pools .docx Prepared by: Jason Lehman, Esq. 300 Main Street Suite 330 Dubuque fA 52001 563 589-4381 ORDINANCE NO. 29-23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 9 SWIMMING POOLS, SECTION 14-9-1 DEFINITION NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-9-1 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-9-1: DEFINITION: As used in this chapter, a "swimming pool" is defined as any constructed or prefabricated pool, hot tub, spa, or other container used for swimming, bathing, or wading, which is capable of containing water over twenty-four inches (24") in depth. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 15th day of May, 2023. Brad 'Cava , Mayor Attest: '�y 1 Adrienne N. Breitfelder, City Clerk EFFECT OF AMENDMENT 14-9-1: DEFINITION: As used in this chapter, a "swimming pool" is defined as any constructed or prefabricated pool, hot tub, spa, or other container used for swimming, bathing, or wading, which is capable of containing water over twenty-four inches (24") in depth. STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: `v4"9,2023 and for which the charge is 15.80 etcf Subscribed to before me, a Notary PublT cxfi and for Dubuque County, Iowa, this 19th day of May, 2023 Notary Pis in and for Dubuque County, Iowa. JANET K: PAPE r Commission Number 199659 My Commission Expires 12/11/2025 Ad text : CITY OF DUBUQUE OFFICIAL PUBLICATION ORDINANCE NO. 29-23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 9 SWIMMING POOLS, SECTION 14-9-1 DEFINITION NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1, Section 14-9-1 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-9-1: DEFINITION As used in this chapter, a "swimming pool" is defined as any constructed or prefabricated pool, hot tub, spa, or other container used for swimming, bathing, or wading, which is capable of containing water over twenty-four inches (24") in depth. Section 2, This ordinance shall take effect upon publication. Passed, approved, and adopted this 15th day of May, 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of May, 2023. is/Adrienne N. Breitfelder, CMC, City Clerk 1t5/19