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HomeMy WebLinkAboutAmending Chapter 14 Governing Residential Swimming Pools ORDINANCE No. 8288-92 Passed by the Common Council of the City of South Bend, Indiana. August 10, 92 '9 `-�.° City Attest:. t - --- y Clerk IRENE K. GAMMON Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— August 11, 92 19 City Clerk IRENE K. GAMMON Approved and signed by me atA/ �� 19 Mayor • 1JBSTITEJTE "SILL NO, ORDINANCE NO. 8 a s g- 7 9, AN ORDINANCE OF THE COMMON COUNCIL OF THE. CITY OF SOUTH BEND, INDIANA. AMENDING CHAPTER 14, ARTICLE 3 AND CERTAIN SECTIONS OF CHAPTER 21 OF THE MUNICIPAL CODE GOVERNING RESIDENTIAL SWIMMING POOLS STATEMENT OF PURPOSE AND INTENT The purpose of this ordinance is to amend Chapter 14, Article 3 of the Municipal Code and certain sections of Chapter 21 of the Municipal Code to clarify the applicability of existing state and municipal regulations to the construction, installation, maintenance, operation and alteration of residential swimming pools. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I . Chapter 14, Article 3 of the South Bend Municipal Code is amended to read as follows: Article 3 . Residential Swimming Pools Sec. 14-12 Application of Article (a) The provisions of this Article apply to residential swimming pools, as defined in Sec. 14-12.1, below, which were installed or for which permits were obtained prior to September 13, 1989. (b) Residential swimming pools which were or are installed or for which permits were or are obtained on or after September 13, 1989, are governed by the provisions of the Indiana Swimming Pool Code ( 675 IAC 20) adopted by Sec. 6-5 of the South Bend Municipal Code. The definition of residential swimming pool contained in the Indiana Swimming Pool Code is different and covers a broader range of swimming pools than the definition in Sec. 14-12.1, below. (c) If additions or alterations were or are made on or after September 13, 1989, to a residential swimming pool or fence surrounding a residential swimming pool which were installed or for which a permit was obtained prior to September 13, 1989, such additions or alterations must be made in conformance with the provisions of the Indiana Swimming Pool Code. The term "additions or alterations" as used in this section does not include repair or maintenance of existing residential swimming pools, associated fences or other pool safety features. Sec. 14-12.1 Compliance required. ( a) All residential swimming pools defined as any artificial body of water of permanent or temporary construction that are constructed, installed, or maintained with a filtered controlled water supply in the ground, or above the ground with the capacity for water containing forty-eight ( 48) inches or more in depth at any point, and which are used or intended to be used solely by the owner, tenant, or occupant of the building in the lot where located and by the family, friends, cruPsts of ur_h nwnPr _ tenant _ nr nnniinant _ and whi nh arP 1 nnatPa in • ( a) Any owner, tenant, or occupant who eensfruefs7-installs 7-er uses or maintains, e r--eauses-he-eensfr .ef 7-install?-er-mainfain or permits to be used or maintained a residential swimming pool as defined in section 14719 14-12.1 must comply with the following standards: ( 1) Have and maintain a safety ladder for said pool. ( 2) Have said safety ladder locked at all times when said pool is not in use. ( 3) Have steps removed if said pool steps are the removable type, when said pool is not in use. ( 4) Have a barrier of forty-eight ( 48) inches or more around said pool on all sides. The wall of above ground pools shall constitute compliance with such barrier requirements. (Ord. No. 8178-91, §1) Sec. 14-14. Penalties. Any person found in violation of this article shall be issued a twenty-five dollar ( $25.00) ordinance violation for each violation of this article. Each day' s failure, neglect or refusal to comply with the terms of this article shall constitute a separate offense. (Ord. No. 8178-91, §1) Section II. Chapter 21, Article 1, Section 21-1 of the South Bend Municipal Code is amended to read as follows: Sec. 21-1. Definitions. * * * * * * * ( a) As used in this chapter, unless otherwise provided: 41124.-Swim ing-peel-reams-any-aitifelal-bedy-ef-water-ef permanenf-er-temperary-eeastruetferz-that-ls-eenstrueted -installed er-maintained-in-er-abeve-the-greund-with-a-eentrelled-water supply-and-with-a-eapaeity-fer-rater-eentaining-eghteen-4484 males-in--depth-at-any-paint-wh.ieh-is-used,-er-infended-te-be-uses. selely-by-the-ewner7-lessee-er-eeeupant-ef-the-prineipal httlidingf s}-en-th:e-let-where-leeated-and-the-family;-friends? guests-ef-swell-ewner7-tenant-er-eeeupant7 (112) Reserved. Section III. Chapter 21, Article 2, Section 21-36.52 of the South Bend Municipal Code is amended to read as follows: Permitted accessory uses include the following: (a) Such structures as canopies, porte cocheres, patios, outdoor fireplaces, bath houses, cabanas, doghouses, children' s play equipment, greenhouses and similar structures. (b) Off-street motor vehicle parking and loading areas, as regulated in Article 5 of this chapter. (c) Signs, as regulated in Article 10 of this Chapter. (d) Storage areas, as regulated in applicable sections of this chapter. (e) Modern accouterments and all items listed in section 21-84(a) ( 3) . • • Swimming Pool Code ( 675 IAC 20) , adopted by Chapter 6 of the Municipal Code. Reference should be made to Section 14-12 of the Municipal Code to determine which requirements are applicable. Section IV. Chapter 21, Article 4, Section 21-84 of the South Bend Municipal Code is amended to read as follows: Sec. 21-84. Height and Area District regulations; exceptions. (a) The requirements in the Height and Area Districts as prescribed in Divisions 2 through 8 of this article shall be subject to the exceptions and regulations of this section and section 21-85. * * * * * * ( 15) In all Height and Area Districts, a solid fence or wall not more than six ( 6) feet in height, a fence or wall composed of at least thirty (30) percent open space to permit the unobstructed passage of air and light through such space and not more than eight (8) feet in height, or a hedge or other planting barrier not more than eight ( 8) feet in height may be erected in the required side and rear yards; but in no case shall any fence, wall, hedge, structure or other barrier greater than three ( 3) feet in height be erected between the street lot line and any set back line required by this article unless such fence, wall, hedge, structure or other barrier be composed of at least seventy-five (75) percent open space to permit the unobstructed passage of light, air or vision through such space, in which case height shall not exceed eight ( 8) feet. A-ieekable-feaee7-five453-feet-minimum-height; shall-be-required-fer-ail-residentiai-swimming-peels;-either-abeve er-beiew-greurid.-and-shell-fence-shall-be-equipped-with-self-eiesmg and.-self-latehing-gates.- A fence shall be provided for residential swimming pools if required by either Chapter 14, Article 3 of the Municipal Code or the Indiana Swimming Pool Code ( 675 IAC 20) , adopted by Chapter 6 of the Municipal Code. Reference should be made to Section 14-12 of the Municipal Code to determine which requirements are applicable. Section V. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and approval by the Fire Prevention and Building Safety Commission of Indiana, as required by law. Date Member, Soutfi Bend Common Council k- 1.- 9gg Date '!a Joseph E. Ke n Endorsement: Approved this day of , 1992, by the Fire Prevention and Building Safety Commission of the State of Indiana. Chairman Co,Nw.e,F nrss w r Swimming Pool Code ( 675 IAC 20) , adopted by Chapter 6 of the Municipal Code. Reference should be made to Section 14-12 of the Municipal Code to determine which requirements are applicable. Section IV. Chapter 21, Article 4, Section 21-84 of the South Bend Municipal Code is amended to read as follows: Sec. 21-84 . Height and Area District regulations; exceptions. (a) The requirements in the Height and Area Districts as prescribed in Divisions 2 through 8 of this article shall be subject to the exceptions and regulations of this section and section 21-85. * * * * * * * ;15) In all Height and Area Districts, a solid fence or wall not more than six ( 6) feet in height, a fence or wall composed of at least thirty ( 30) percent open space to permit the unobstructed passage of air and light through such space and not more than eight ( 8) feet in height, or a hedge or other planting barrier not more than eight (8) feet in height may be erected in the required side and rear yards; but in no case shall any fence, wall, hedge, structure or other barrier greater than three ( 3) feet in height be erected between the street lot line and any set back line required by this article unless such fence, wall, hedge, structure or other barrier be composed of at least seventy-five (75) percent open space to permit the unobstructed passage of light, air or vision through such space, in which case height shall not exceed eight ( 8) feet. A-ieekabie-fenee7-five-4-5)-feet-minimamm-height; shall-be-required-fer-all-residentiai-swimming-peeis;-either-abeve er-belew-greunel-aad-sueh-fence-shail-be-equipped-with-seif-elesing and-self-latehing-gates.- A fence shall be provided for residential swimming pools if required by either Chapter 14, Article 3 of the Municipal Code or the Indiana Swimming Pool Code (675 IAC 20) , adopted by Chapter 6 of the Municipal Code. Reference should be made to Section 14-12 of the Municipal Code to determine which requirements are applicable. Section V. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and approval by the Fire Prevention and Building Safety Commission of Indiana, as required by law. D, 199 Date Member, South/Bend Common Council 1b, 199 . <744- Z. i(-44.4•.4.... Date Mayor Joseph E. Kernan Endorsement: Approved this S day of ) e rry , 1992, by the Fire Prevention and Building Safety C. ission of the State of Indiana. °1444."-- C airma A,c' 1) Secreta , • • • SCUT$8 \\I iv 4/A �d 1� i o \��, City of South Bend i v;, is ti/ Joseph E. Kernan, Mayor 104: 41 `. 4i `1\\ 1865 _= Department of Law Richard A. Nussbaum, II, City Attorney July 21, 1992 Mr. Stephen Luecke President South Bend Common Council County-City Building, 4th Floor South Bend, Indiana 46601 Dear Steve: I am attaching for filing a small amendment to the proposed Ordinance which I filed on May 18, 1992, amending Chapter 14, Article 3 , of the Municipal Code and certain sections of Chapter 21 of the Municipal Code. The purpose of the original amendment was to clarify the applicability of existing state and municipal regulations to the construction, installation, maintenance, operation and alteration of residential swimming pools. This Substitute Bill makes a small change in Section 14-12.1, which defines residential. swimming pools for the purpose of Chapter 14. The change was to delete from the definition the requirement that the pools be located in an "A" Residential area. I have changed to a requirement that the pools be located in a residential area. With this change in the definition, the safety requirements of Chapter 14 will apply to all residential swimming pools put into operation prior to September 13, 1989, which are located in either "A" or "B" Residential areas. Your support and favorable action on this Ordinance is requested. Very truly yours, I410/2- in(\I/4PQ Mar Hall Mueller Assistant City Attorney MHM:sb Enc. cc: Don Fozo Kathleen Cekanski-Farrand All w/Enc. MHM2/GENERAL/1LUECKE 1400 County-City Building • South Bend, Indiana 46601 • 219/284-9241 Thomas L. Bodnar Sandra A. Boyd Aladean M. DeRose Jeffrey M. Jankowski Andrew L. Kraemer Jenny Pitts Manier Robert C. Rosenfeld a TN So e " ,��, ,�e /,�, � \,,, ��jx City of South Bend U`•`i`\�\ \'/> dJj Joseph E. Kernan, Mayor l\y1,�� .?11,1.4 III Ti. ;� .,}. hC ' 1865 — Department of Law Richard A. Nussbaum, II, City Attorney May 18, 1992 Mr. Steven Luecke President South Bend Common Council 4th floor, County-City Building South Bend, IN 46601 Dear Mr. Luecke: I am attaching for filing a proposed Ordinance which would amend Chapter 14, Article 3, of the Municipal Code and certain sections of Chapter 21 of the Municipal Code. The purpose of the amendments is to clarify the applicability of existing State and Municipal regulations to the construction, installation, maintenance, operation and alteration of residential swimming pools. As you know, the Council adopted Residential Swimming Pool Safety Regulations, which can be found in Chapter 14, Article 3, of the Municipal Code. These regulations apply to residential swimming pools which were installed or for which permits were obtained prior to September 13, 1989. On September 13, 1989, the State enacted regulations governing safety features, including fences, for residential swimming pools. These regulations apply to any pools which were installed or for which permits were obtained after September 13, 1989. In addition, the State regulations apply to additions or alterations that are made after September 13, 1989, to swimming pools which existed before that date. The City is obligated by law to enforce the State swimming pool code, and, in fact, adopted the Indiana Swimming Pool Code as a part of Chapter 6 of the Municipal Code. Hopefully, the attached amendment will clarify for both the City residents and City enforcement personnel whether the 1400 County-City Building • South Bend, Indiana 46601 • 219/284-9241 Thomas L. Bodnar Sandra A. Boyd Aladean M. DeRose Jeffrey M. Jankowski Andrew L. Kraemer Jenny Pitts Manier Robert C. Rosenfeld Mr. Steven Luecke May 18, 1992 Page Two provisions of Article 14 of the Municipal Code or the provisions of the Indiana Swimming Pool Code are applicable to any given swimming pool within the City. The proposed amendments have already been approved by the State Fire Prevention and Building Safety Commission. Your support and favorable action on this Ordinance is requested. Very truly yours, Donald F. Fozo Building Commissioner cc: Mary Hall Mueller C:1Luecke 9:10 AREA PLAN COMMISSION RICHARD S. JOHNSON OF ST. JOSEPH COUNTY, IN Executive Director Room 1140 County-City Building South Bend, Indiana 46601 (219) 284-9571 July 22, 1992 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance initiated by the Common Council amending Chapter 14, Article 3 and certain sections of Chapter 21 of the Municipal Code governing residential swimming pools - APC #1458-92 Dear Council Members: The above referenced ordinance of Common Council of the City of South. Bend was legally advertised July 9, 1992 and July 11, 1992. The Area Plan Commission at its public hearing on July 21 , 1992, took the following action: Upon a motion by Lee Slavinskas, being seconded by Charles Landesman and unanimously carried, the proposed ordinance initiated by the Common Council amending Chapter 14, Article 3 and certain sections of Chapter 21 of the Municipal Code governing residential swimming pools is sent to the Common Council with a favorable recommendation The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Attached, for your consideration in the review of this matter, is a copy of the Area.Plan Commission's Staff Report. Sincerely, 17s7- Richard S. Johnson RSJ:sr Attachment Serving:South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN • STAFF REPORT •.u i y 13, 1992 Common Council of the City of South Bend 1452-' Location: City of South Bend REQUESTED ACTION: This is a Common Council initiated petition amending the way swimming pools are defined and regulated in both Chapter 14 (Public Safety Regulations) and Chapter 21 (Zoning Regulations) of the South Bend Municipal Code. The Commission will only consider those Sections of the ordinance that deal with Chapter 21 (Sections II , III , and IV of the proposed ordinance) . Any swimming pool that was installed after September 13, 1989 is regulated by the Indiana Swimming Pool Code. This ordinance would establish stronger regulations for pools that were constructed prior to this date. The ordinance also shifts most of the details of::.the regulations to Chapter 14, Chapter 21 would simply reference Chapter 14, rather than having duplicate . regulations. To do. so, the definition of a swimming pool will be removed from Chapter 21 (Section II of the proposed ordinance) , and the "Accessory Building and Uses" (Section III) and the "Height and Area District Exceptions " (Section IV) will be amended.