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Code of Ordinances Amendment - Title 15 Swimming Pool Regulations Copyright 2014 City of Dubuque Action Items # 5. ITEM TITLE: Code of Ordinances Amendment- Title 15 Swimming Pool Regulations SUMMARY: City Manager recommending approval of a change to Title 14-9-1 of the City of Dubuque Code of Ordinances redefining the depth and fencing regulations for swimming pools to be consistent with the International Property Maintenance Code. ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 9 Swimming Pools, Sections 14-9-1 Definition and 14-94 Fencing Requirements to make language consistent with the International Property Maintenance Code SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type Residential Swimming Pool Regulations-MVM Memo City Manager Memo Swimming Pool Ordinance Memo Staff Memo Ordinance Ordinance Suggested Motion Supporting Documentation THE CITY OF Dubuque DUB E i" Masterpiece on the Mississippi 2007•2012•2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Residential Swimming Pool Regulations DATE: August 31, 2016 The City of Dubuque currently enforces for permitting and regulating the installation of swimming pools. This current Ordinance is in conflict with the newly adopted 2015 International Property Maintenance Code. Currently there are two discrepancies, first in the depth of the water which triggers the need for a permit to be issued, second is the height of fencing required around the pool or perimeter of the yard. The current City Ordinance requires a pool permit and fence to be installed when the depth of water in the pool is greater than 18 inches. The current City Ordinance requires residents to install a 5 foot high fence around the perimeter of their yard or swimming pool. The 2015 International Property Maintenance Code requires a pool permit and fence to be installed when the depth of water in the pool is greater than 24 inches. The 2015 International Property Maintenance requires the height of the fence to be a minimum of 4 feet. Building Services Manager Todd Carr recommends City Council approval of a change to Title 14-9-1 Definition to remove the current depth of 18 inches and replace this with the depth of greater than 24 inches to coincide with the 2015 International Property Maintenance Code. It is additionally recommended to remove Title 14-9-4 Fencing requirements and replace this section with the 2015 International Property Maintenance Code Section 303 for Fencing, Gate, Latching, and Sanitary requirements. I concur with the recommendation and respectfully request Mayor and City Council approval. ZlAilz Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Crenna Brumwell, Assistant City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Todd Carr, Building Services Manager Mary Rose Corrigan, Public Health Specialist Alvin Nash, Housing & Community Development Department Director Laura Carstens, Planning Services Manager 2 THE CFTY OF Dubuque °"� DUB E 111.1 Masterpiece on the Mississippi 3007•2U33 .2013 TO: Michael C. Van Milligen, City Manager FROM: Todd Carr, Building Services Manager Cc: Crenna Brumwell, Assistant City Attorney Mary Rose Corrigan, Public Health Specialist Laura Carstens, Planning Services Manager Alvin Nash, Housing Department Director SUBJECT: Residential Swimming Pool Regulations DATE: 08/02/2016 Introduction: The City of Dubuque currently enforces under Title 14 Chapter 9 of our local City Ordinance for permitting and regulating the installation of swimming pools. This current Ordinance is in conflict with our newly adopted 2015 International Property Maintenance Code. Currently there are two discrepancies, first in the depth of the water which triggers the need for a permit to be issued, second is the height of fencing required around the pool or perimeter of the yard. Background: The current City Ordinance requires a pool permit and fence to be installed when the depth of water in the pool is greater than 18 inches. The current City Ordinance requires residents to install a 5 foot high fence around the perimeter of their yard or swimming pool. The 2015 IPMC requires a pool permit and fence to be installed when the depth of water in the pool is greater than 24 inches. The 2015 IPMC requires the height of the fence to be a minimum of 4 feet in height. Discussion: I have had a discussion with Legal, Health, Planning, and Housing Department about the differences between our Ordinance and the 2015 IPMC. Our current Ordinance is adding a cost burden onto our residents and is outdated in terms of available swimming pool products on the market, and making it very difficult financially for our residents to have swimming pools. Inflatable swimming pools that are 16 to 24 inches deep can be purchased off the shelf at many stores for about$40 to $80 dollars. In some cases these are very small in size and are even inflatable and may be taken down on a weekly basis. These pools are meant to be used on demand and are not set- up for the entire duration of summer nor made to be permanent. The current fence height has also drawn conflict with our residents due to the requirement now being five feet in height. We have encountered issues where our residents already having a four foot high fence installed around the perimeter of their yard prior to purchasing a pool, then upon purchase of the pool they must now remove their existing fence and install a new five foot high fence. Additionally four foot high fencing is very common in size and is a little less expensive than a 5 foot high fencing. Conclusion: The 2015 IPMC still allows the City of Dubuque to protect young children from entering properties where swimming pools are installed where the depth of the water exceeds 24 inches, but also provides our residents with some flexibility to select swimming pools that they can afford and enjoy without a huge financial burden in terms of fencing. Many other municipalities use the current code from the 2015 IPMC, this code is written by Design Professionals, Code Officials, Legal Professionals, and others who think about public safety first and foremost. Additionally the State of Iowa does not regulate swimming pools that are installed on single family residential properties, so the 2015 IPMC is more restrictive than the State of Iowa in terms of residential swimming pools. Action Step: I respectfully recommend that the City of Dubuque change Title 14-9-1 Definition to remove the current depth of 18 inches and replace this with the depth of greater than 24 inches to coincide with the 2015 IPMC. I additionally respectfully recommend removing Title 14-9-4 Fencing requirements and replace this section with the 2015 IPMC Section 303 for Fencing, Gate, Latching, and Sanitary requirements. 2 Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 43-16 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 9 SWIMMING POOLS, SECTIONS 14-9-1 DEFINITION AND 14-9-4 FENCING REQUIREMENTS TO MAKE LANGUAGE CONSISTENT WITH THE INTERNATIONAL PROPERTY MAINTENANCE CODE 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 amended to read as follows: 14-9-1: DEFINITION: As used in this chapter, a "swimming pool" is defined as any constructed or prefabricated swimming pool, hot tub, or spa used for swimming, bathing or wading, containing water over twenty-four inches (24") in depth. Section 2. Section, 14-9-4 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-9-4: FENCING REQUIREMENTS: Swimming pool fencing shall be in compliance with Section 303 of the International Property Maintenance Code. Section 3. This Ordinance takes effect upon publication. Passed, approved, and adopted the 6th day of ptember, 2016. Roy D. Buol,,ayor Attest: Kevir(S. Firnstahl, ..'iy ferk EFFECT OF AMENDMENT 14-9-1 : DEFINITION: As used in this chapter, a "swimming pool' is defined as any constructed or prefabricated swimming pool, hot tub, or spa used for swimming, bathing or wading, containing water over twenty-foureig#teen inches (241-3") in depth. 14-9-4: FENCING REQUIREMENTS: Swimming pool fencing shall be in compliance with Section 303 of the International Property Maintenance Code. A. Fe+ice Required: €verde seri passessiOR of Iand , vihinh ;isifuAted� str,-rA,-rP nnt less thaR five feet (5') height With RG epeRiRgG theFeiR, otheF thaR dqqF er nates larger than GiX ORGheG /C."\ in v rdim OR; pFevirderl however that i£ a PiGL or c miler fenoe PrPPtPd or intainerl the herr-ental rdin.ensien Of the n ether then the nates er deers shell note erd fa--it inohes (4) R. 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Dinh self latohinn rdevioe shall he leoaterd not less than feuF feet (4') above the WRdeFlYiRg gF961Rd suFfaGe Pr ethe-.P.Aiise Made ftem the nihsirde to s all ohilydren env dWellinn OF ether hiiilrdinn OR the n GeGR;ai he rennirerd a olesnre n erd net he a nerd With self olesinn OF elf latohinn rdeyioes G FeRGiRg nerd Ggtec In DlaoP Whpn Deel Gill Of \Natpr- 411 feRGiRg Musbe�n• plane With nates When the n el is fillerd Viith Viater STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, 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: September 09, 2016, and for which the charge is $15.26. Subscribed to before me, a this 90 day otary Public in d for Dubuque County, Iowa, ,20 /,6 . OFFICIAL PUBLICATION ORDINANCE NO. 43-16 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES;; TITLE 14 BUILDING, AND DE- VELOPMENT, CHAP TER; 9 `; SWIMMING POOLS,.SOTIONS 14 9-1 dEF,INITION AND 14-9-4 ;FENCING RE=- QUIREMENTS TO MAKEi LANGUAGE CONSISTENT, WITH THE INTERNATIONAL PROPERTY MAINTE- NANCE '1 CODE; NOW, , THEREFORE, BE IT -ORDAINED BY THE CITY,: COUNCIL OF THE CITY OFDU- BUQUE, IOWA; Section 1. Section 14- 9-1 of the City of Dubu- cue nan- ces is ahiended toof l read as follows: 14-9-1: DEFINITION: AS used in this chap- ter, a "swimming pool" isdefined as any con- structed , or prefabri- cated swimming pool, hot tub, or spa used for swimming, bathing or wading, containing wa- ter over twenty-four in- ches (24") in depth. Section 2. Section 14- 9-4 of the City of Dubu- que Code of Ordinan- ces is rdinan-ces;is amended to read as follows: 14-9-4: FENCING RE- QUIREMENTS: Swimming pool fenc- otary Public in and for Du uque County, Iowa. ing shall be in compli- ance with Section 303 1, of the International Property Maintenance,;', Code. Section 3. This Ordi- nance takes '. effect upon publication. Passed, • approved, and. adopted-ithe,;6th.; day of : September, Is/Roy. D. Buol;,Mayor; • Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 9th 1. day r of September, 2016. /s/Kevin S. F rnstah 6 City Clerk' 1t 9/9 iAR` .. .ESTERMYE.. Commission Number 154985 v Comm, I- zn, FEB, 2017