Chapter 8.05
POOL ENCLOSURES
Sections:
8.05.005 Short Title.
8.05.010 Definitions.
8.05.020 Application.
8.05.030 Permit Required.
8.05.040 Protective Enclosure.
8.05.050 Special Pools.
8.05.060 Setback.
8.05.070 Angle of Repose.
8.05.080 Administration.
8.05.090 Conformance with Law.
8.05.100 Penalties.
8.05.005 Short Title.
BC 8.05.005 through 8.05.100 shall be known and may be cited as the “Pool Enclosures Ordinance” and may also be referred to herein as “this ordinance”.
8.05.010 Definitions.
For the purposes of this ordinance, the following mean:
Building official – The City employee designated by the mayor to enforce this ordinance.
Person in charge of property – An owner, purchaser under contract, lessee, tenant, licensee or other person having possession or control of property.
Special pool – A fish pond or other decorative pool that holds or is capable of holding a body of water exceeding 24 inches in depth at any point.
Swimming pool – An outdoor swimming pool or other body of water designed or used for the purpose of swimming, dipping, wading or immersion of human beings which has a depth at any point in excess of 24 inches, whether above or below grade, and whether intended to be temporary or permanent in nature.
8.05.020 Application.
The provisions of this ordinance shall apply to all special pools and swimming pools, except swimming facilities regulated under ORS 448.005 through 448.100 and the State Structural Specialty Code and the Residential Specialty Code. [BC 8.05.020, amended by Ordinance No. 3978, 3/31/97; Ordinance No. 4167, 6/11/01; Ordinance No. 4344, 3/28/05]
8.05.030 Permit Required.
A. No person shall construct, install, enlarge, or substantially remodel any swimming pool or fencing required in connection with it without first obtaining a permit from the building official.
B. Application for a permit shall be accompanied by an application fee. The amount of the application fee shall be set by Council resolution. The application fee shall be in addition to any other required building permit fee. The application shall contain any information the building official considers necessary for an adequate review of the application. All construction and installation shall conform the plans approved by the building official.
C. Permits for temporary pools shall be obtained for the original installation only; however, subsequent installations shall be located on the same property and conform to the original approved plan or a new permit will be required.
8.05.040 Protective Enclosure.
A. A person in charge of property on which a swimming pool is situated shall maintain on the lot and completely surrounding the pool an enclosure consisting of a fence or wall not less than four feet in height. The fence shall be constructed so that it does not have openings, holes or gaps larger than four inches in any dimension except for doors and gates. If a picket fence is used, the openings between the pickets shall not exceed four inches in width. A dwelling house or accessory building may be used as part of the enclosure. The enclosure shall be of a pattern and type to discourage children climbing, that is incapable of being crawled under and that is sufficient to make the pool inaccessible to small children. No enclosure shall be nearer than three feet to the outer walls of a swimming pool.
B. All gates or doors opening through the enclosure shall be equipped with a self-closing and self-latching device installed at least 40 inches above the ground or base, designed and capable of keeping the door or gate securely closed at all times when not in actual use; except, that the door of a dwelling occupied by human beings and forming a part of the enclosure required need not be so equipped.
8.05.050 Special Pools.
A. A person in charge of property within a residential area on which is situated a special pool shall construct and maintain an acceptable enclosure and securely close off or block all entrance to it.
B. An acceptable enclosure shall be one of the following:
1. an enclosure completely surrounding the special pool, as provided in BC 8.05.040.
2. a wire screen or cover of sufficient strength to hold a weight of at least 75 pounds and installed not more than six inches below the surface of the water at all times.
8.05.060 Setback.
No part of a swimming pool shall be constructed or installed within three feet of a side or rear lot line or within a public utility easement.
8.05.070 Angle of Repose.
No part of a swimming pool shall be constructed or installed within the angle of repose of the soil supporting a structure on the same or an adjacent lot. The angle of repose shall be determined by the city engineer.
8.05.080 Administration.
The building official shall be responsible for the administration of this ordinance and may:
A. Adopt reasonable rules and regulations pertaining to the administration of this ordinance;
B. Make modifications in individual cases on a showing of good cause with respect to the height, nature or location of the protective enclosure, or the necessity therefor, provided the protection sought by this ordinance is not reduced by the modification;
C. Permit other protective devices or structures to be used as long as the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the protective enclosure required by BC 8.05.040 and 8.05.050.
8.05.090 Conformance with Law.
This ordinance shall not be a substitute for or eliminate the necessity of conformity with all State laws, rules and regulations, and any Code section or other City ordinance which are now, or may be in the future, in effect and that relate to the matters regulated by this ordinance.
8.05.100 Penalties.
A. Violation of this ordinance constitutes a Class 2 Civil Infraction and shall be processed in accordance with the provisions of BC 2.10.010 through 2.10.050.
B. The penalties imposed by this section are not exclusive and are in addition to any other remedies, civil or criminal, available to the City under the law.
C. Construction, operation or maintenance of a swimming pool or special pool in violation of this ordinance constitutes a public nuisance and may be abated by any of the procedures set forth in BC 5.05.200 through 5.05.260.