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. S2If I=atGh.,iRg [DeyiGeSQR G2,teS nr nee & All nateG a d99F6 GPeR^9-thFgUg4
s,-r-h Pndns--rP shall be equipped with self desing and self IatGhiRg deViGes deGigRPd tA
Leen nrd n able Of keeningioh nate OF rleer s rely oleserd anrd latoherd at all
times Vihen net OR aotiial 1-16P. 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