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5. Discussion on ordinance amending development code section regulating swimming pools Memorandum To: Scandia Planning Commission Reference: Swimming Pool Covers-- Ordinance Clarification Copies To: Neil Soltis, City Administrator Brenda Eklund, City Clerk Project No.: 16623.000 From: Sherri Buss, RLA AICP, Planner Routing: Date: August 22, 2018 BACKGROUND The City recently received a question regarding the Development Code standard for swimming pool covers. The question was about how to interpret the language underlined below in the current ordinance that allows pool covers or other devices as long as they provide “the same degree of protection” as the fence, gate, and latch. The current performance standards for pool safety [Chapter 2, Section 4.24 (2)] require: (I) A structure or safety fence of a non-climbable type at least 4 feet in height, with a self- closing and latching gate shall completely enclose the pool, but shall not be located within any required yard areas; or An pool cover or other protective device approved by the City shall be an acceptable enclosure so long as the degree of protection afforded by the substituted device or structures is not less than the protection afforded by the enclosure, gate and latch described above for fences; the device complies with the American Society for Testing and Materials (ASTM) Standard F1346-91 (2003) or most recent ASTM standard; and is sufficient to support the weight of 500 pounds minimum and completely covers or encloses the pool. The applicant shall submit documentation at the time of building permit application verifying that the proposed cover meets the required standard. The substitution with such a pool cover or other protective device shall be done by the issuance of a Building Permit. BUILDING INSPECTOR COMMENTS Chuck Preisler, the City’s Building Inspector, suggested clarifying the standard as follows:  Allow pool covers only, not “other protective devices.” Swimming Pool Covers Page 2 September 4, 2018 Scandia Planning Commission  Allow only pool covers that meet the American Society for Testing and Materials (ASTM) Standard (F1346-91 (2003) or most recent ASTM standard, and is sufficient to support the weight of 500 pounds minimum and completely cover or enclose the pool.  Require the applicant for the permit to submit documentation that the proposed cover meets the current ASTM standard. Chuck was concerned that it is difficult for the City to identify its own criteria for “other protective devices,” and said is preferable to use the objective and professional ASTM standard rather than to try to create a different City standard. Based on Chuck’s recommendation, the Code could be amended as follows: A structure or safety fence of a non-climbable type at least 4 feet in height, with a self- closing and latching gate shall completely enclose the pool, but shall not be located within any required yard areas; or An automatic pool cover that complies with the American Society for Testing and Materials (ASTM) Standard F1346-91 (2003) or most recent ASTM standard, and is sufficient to support a minimum weight of 500 pounds and completely covers or encloses the pool. The applicant shall submit documentation verifying that the proposed cover meets the current ASTM standard. The substitution with such a pool cover or other protective device shall be done by the issuance of a Building Permit. STANDARDS IN OTHER COMMUNITIES Many cities and townships allow alternatives to safety fencing for swimming pools. The communities have changed their ordinances to allow automated pool covers as technology has changed to make the covers safer. Jack Kramer, Building Official for Stillwater Township, City of Grant, City of Stacy, and City of Taylors Falls–Jack indicated that each of the communities he works with allows residents to use either an automated pool cover that meets the ASTM standard or a fence for pool safety. Jack also noted the following:  He believes that the automated covers that meet ASTM standards provide the same level of protection as a fence. The covers have the additional advantage of keeping the chemicals in the pool.  Neither the fence nor the automated cover option is completely fool-proof. The most important element of protection is parents and homeowners being responsible for small children. Jack noted data that says that in the U.S., 98% of pool fatalities among young children occur at their own homes or at the homes of friends and relatives. Only 2% of fatalities occur from small children wandering onto neighboring properties.  His comments are based on personal as well as professional experience. He stood on the covers that meet ASTM standards and verified to his satisfaction that the seals hold and the covers don’t hold water. Deleted: or other protective device approved by the City shall be an acceptable enclosure so long as the degree of protection afforded by the substituted device or structures is not less than the protection afforded by the enclosure, gate and latch described above for fences; the device Deleted: required Swimming Pool Covers Page 3 September 4, 2018 Scandia Planning Commission May Township. May Township’s code allows the use of a pool cover as an acceptable enclosure if it complies with the ASTM Standard. CITY ATTORNEY AND INSURER COMMENTS IN 2013 Nick Vivian, the City Attorney in 2013 when the Planning Commission was working on the pool cover ordinance, indicated that he had no substantive changes to the information that was provided from other communities. He noted that communities from around the area have taken different approaches to address this issue depending upon whether they trust the ASTM standards. Nick strongly recommended that each cover require a COC or a Building Permit and be approved in advance by the Building Official. At a minimum, there needs to be some official review or oversight of the cover being installed to confirm the ASTM standards have been met. Kristina Handt, the City Administrator, contacted the City’s insurance provider regarding this issue. Jackie Torgerson of Berkeley Risk Administration Company suggested that the pool covers should conform to ASTM F 1346-91. She indicated that if the pool cover complies with these guidelines, she did not believe that the City could be liable, and that liability would fall on the homeowner. COMMISSION DISCUSSION AND NEXT STEPS The Planning Commission may discuss the information provided in this memo, consider the proposed ordinance amendment, and determine if the Commission should hold a public he aring on the amendment at its October meeting.