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7.b vi Ordinance 201 Amending the Development Code regulating Swimming Pools Memorandum To: Scandia City Council Reference: Swimming Pool Covers-- Ordinance Amendment Copies To: Neil Soltis, City Administrator Brenda Eklund, City Clerk Project No.: 16623.000 From: Sherri Buss, RLA AICP, Planner Routing: Date: October 10, 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 October 16, 2018 Scandia City Council  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. COMMISSION DISCUSSION AND PUBLIC HEARING The Planning Commission reviewed the Building Inspector’s recommendation at its September meeting and concurred with his comments. The Commission proposed that the ordinance amendment should be heard at a public hearing on October 2. The City Attorney suggested that a standard that requires “pool covers to be installed and used according to the manufacturer’s recommendations” should be added to the amendment. The Commission concurred and added the standard to the proposed amendment. The Commission received no other comments at the public hearing. REQUEST FOR COUNCIL ACTION The Planning Commission recommends that the City Council adopt the proposed amendment to the Development Code standards for swimming pools. Ordinance No. 201 Page 1 of 3 CITY OF SCANDIA ORDINANCE NO.: 201 AN ORDINANCE AMENDING ORDINANCE NO. 122, THE SCANDIA DEVELOPMENT CODE, CHAPTER 2, SECTION 4.24 REGARDING SWIMMING POOLS The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Section 1.0 Amendment. Ordinance No. 122, the City of Scandia Development Code (“Development Code”, or “Code”), Chapter Two, Section 4.24, Swimming Pools, shall be amended as follows: 4.24 Swimming Pools (1) Required Permits. A building permit shall be required for any swimming pool with a capacity of over 3,000 gallons or with a depth of over 3.5 feet of water. An application for a building permit shall include a site plan showing: The type and size of pool, location of pool, location of house, garage, fencing and other improvements on the lot, location of structures on all adjacent lots, location of filter unit, pump and wiring indicating the type of such units, location of back- flush and drainage outlets, grading plan, finished elevations and final treatment (decking, landscaping, etc.) around the pool, location of existing overhead and underground wiring, utility easements, trees and similar features, and location of any water heating units. (2) Performance Standards. (A) Pools shall not be located within 20 feet of any septic tank/drainfield nor within 6 feet of any principal structure or frost footing. Pools shall not be located within any required front or side yard setbacks. (B) Pools shall not be located beneath overhead utility lines nor over underground utility lines of any types. (C) Pools shall not be located within any private or public utility, walkway, drainage or other easement. (D) In the case of in-ground pools, necessary precautions shall be taken during the construction to avoid damage, hazards or inconvenience to adjacent or nearby property and assure that proper care shall be taken in stockpiling excavated material to avoid erosion, dust or other infringements upon adjacent property. Ordinance No. 201 Page 2 of 3 (E) All access for construction shall be over the owner’s land and due care shall be taken to avoid damage to public streets and adjacent private or public property. (F) To the extent feasible, back-flush water or water from pool drainage shall be directed onto the owner’s property or into approved public drainageways. Water shall not drain onto adjacent or nearby private land. (G) The filter unit, pump, heating unit and any other noise-making mechanical equipment shall be located at least 50 feet from any adjacent or nearby residential structure and not closer than 10 feet to any lot line. (H) Lighting for the pool shall be directed toward the pool and not toward adjacent property. (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 A pool cover that complies with the American Society for Testing and Materials (ASTM) Standard F1346-91 (2003) or most recent ASTM standard, is sufficient to support the weight of 500 pounds minimum and completely covers or encloses the pool, and is installed and used in accordance with the manufacturer’s recommendations. The applicant shall submit documentation verifying that the proposed cover meets the current ASTM standard. The substitution with such automatic pool cover shall be done by the issuance of a Building Permit. (J) Water in the pool shall be maintained in a suitable manner to avoid health hazards of any type. (K) All wiring, installation of heating units, grading, installation of pipes, and all other installations and construction shall be subject to inspection. Ordinance No. 201 Page 3 of 3 Section 2. Effective Date. This ordinance shall be in full force and effect upon its adoption and publication according to law. Passed and adopted by the City Council of the City of Scandia this 16th day of October, 2018. Christine Maefsky, Mayor ATTEST: Neil Soltis, Administrator/Clerk