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HomeMy WebLinkAboutOrdinance 426 Swimming Pools ORDINANCE NO. 426 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING SEC. 5-128 ENTITLED "SWIMMING POOLS" OF ARTICLE VII. FENCES, WALLS, HEDGES, ETC. AND SEC.5-l43 ENTITLED DESIGN AND CONSTRUCTION REQUIREMENTS, OF ARTICLE VIII. FAMILY SWIMMING POOLS; PROVIDING THAT POOLS MUST BE ENCLOSED BY SCREEN ENCLOSURE, FENCE OR WALL OF A MINIMUM HEIGHT OF FIVE FEET; PROVIDING THAT FENCE OR WALL TO BE CONSTRUCTED IN SUCH A MANNER AS NOT TO BE EASILY CLIMBED, NOT AFFORDING ANY EXTERNAL HANDHOLDS OR FOOTHOLDS ON OUTSIDE, GATES TO BE SAME HEIGHT AS THE FENCE OR WALL AND EQUIPPED WITH A SELF-CLOSING AND SELF-LATCHING CLOSURE MECHANISM AT A HEIGHT ABOVE THE REACH OF TODDLERS. THE GATE SHALL BE LOCKED OR LATCHED AT ALL TIMES WHEN THE POOL IS UNATTENDED; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS the City Commission of the City of Winter Springs, Florida, deems it to be in the best interests of the citizens of the City of Winter Springs to amend Sec. 5-128 of Article VII, and Sec. 5-143 of Article VIII to provide that pools must be enclosed by screen enclosure, fence or wall of a minimum height of five feet and provide that fence or wall to be constructed in such a manner as not to be easily climbed, not affording any external handholds or footholds on outside, and that gates to be same height as the fence or wall and equipped with a self-closing and self-latching closure mechanism at a height above the reach of toddlers. The gate shall be locked or latched at all times when the pool is unattended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA: SECTION I: That Section 5-128 entitled "Swimming Pools" of Article VII. Fences, Walls, Hedges, etc. is hereby deleted in its entirety and the following replaced therefor: Sec. 5-128. Swimming Pools All swimming pools must be enclosed by screen enclosure, fence or wall of a minimum height of five (5) feet. Fence or wall to be so constructed in such a manner as not to be easily climbed, not affording any external handholds or footholds on outside. Gates to be same height as the fence or wall and equipped with a self-closing and self-latching closure mechanism at a height above the reach of toddlers. The gate shall be locked or latched at all times when the pool is unattended. SECTION II: That Section 5-l43(h) entitled "Design and Construction Requirements, paragraph (h)" of Article VIII Family Swimming Pools is hereby deleted in its entirety and the following replaced therefor: Sec. 5-143(h): All swimming pools must be enclosed by screen enclosure, fence or wall of a minimum height of five (5) feet. Fence or wall to be so constructed in such a manner as not to be easily climbed, not affording any external handholds or footholds on outside. Gates to be same height as the fence or wall and equipped with a self-closing and self-latching closure mechanism at a height above the reach of toddlers. The gate shall be locked or latched at all times when the pool is unattended. SECTION III: If any section or portion of a section or sub- section of this Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or portion or subsection or part of this Ordinance. SECTION IV: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION V: This Ordinance shall take effect immediately upon its passage and adoption. Passed and adopted this 26th day of September, 1988. CITY OF WINTER SPRINGS LEANNE M. GROVE, MAYOR ATTEST: Mary T. Norton CITY CLERK FIRST READING 8/8/88 POSTED 8/11/88 PUBLIC HEARING AND SECOND READING 9/26/88 ~ MH10 re...:'.).>~\ r~l (f' 0:~ D 'i\ -- : . I ;:. ,,": j \ " .~ L :.~ ~ c-, 1:" "1 TO: F RO~1: CITY MAr'JAGER BUILDING OFFICIAL ~ CITY of WJi~ lLi< :::.hc. CITY IVlANAGCn DATE: 6/3/88 RE: SWIMMING POOL ENCLOSURES 1) To clear up our ordinances and be consistant as well as in line with standard practice, I recommend the following change be made to Sections 5-143(h) and 5-128 of the Code of Ordinances: All swimming pools must be enclosed by screen enclosure, fence or wall of a minimum height of five (5) feet. Fence or wall to be so constructed in such a manner as not to be easily climbed, not affording any external handho1ds or footholds on outside. Gates to be same height as the fence or wall and equipped with a self-closing and self-latching closure mechanism at a height above the reach of toddlers. The gate shall be locked or latched at all times when the pool is unattended. 2) In order to get at least half the residences in Tuscawi11a with pools in compliance with our Codes, I recommend we change Section 5-145(c) to delete the reference to height being limited to twelve (12) feet. We have many throughout the City that are two stories and are up to twenty-five (25) feet high. The third sentence should be deleted and replaced by: IIHeight shall not be higher than the D\AJelling on the same 10LII It should be noted that pools with diving boards require from 12-14 feet minimum clearance above the top of diving equipment. Depending on manufacturer requirements, this dimension can be increased. The OrlandoSentinel Publiahed Daily Allamonle Spring., Seminole County, Florida ~:::~ o~~)~~;~riba} SS. Before the undersigned authority personally appeared Virginia E. Skurow , who on oath says that she is the Legal Advertising Representative of the Orlando Sentinel, a Daily newspaper published at Altamonte Springs, in Seminole County, Florida; that the attached copy of ad- vertisement, being a Notice of Public Hearing in the matter of Ordinance No. 426 in the Court, was published in said newspaper in the issues of September 4, 1988 Mfiant further says that the said Orlando Sentinel is a newspaper published at Altamonte Springs, in Seminole County, Florida, and that the said newspaper has heretofore been contin- uously published in said Seminole County, Florida, each Week Day and has been entered as second-class mail matter at the post office in Altamonte Springs, in said Seminole County, Florida for a period of one year next preceding the first publication of the attached copy of ad- vertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ~ ~'~"l Sworn to and subscribed before me this 6th of Se tember ~~ ~ \ ADVERTISING CHARGE $ 45.57 day NOTICE OF PUBLIC HEARING CITY OF WINTER SPRINGS FLORIDA NOTICE IS HEREB'( GIVEN by the City Commiss;A~ of the City of Winter Sprtngs, I da, that said Commission will hold a Public Hearing on an ordi- nance entitled as follows: ORDINANCE NO. 426 AN ORDINANCE OF THE CITY OF WINTER SPRINGS. FLORIDA. AMENDING SEC. 5-128 ENTITLED "SWIMMING POOLS" OF ARTICLE VII. FENCES. WALLS, HEDGES, ETC. AND SEC. 5-143 ENTITLED DESIGN AND CONSTRUCTION REQUIREMENTS. OF ARTICLE VIII. FAMILY SWIMMING POOLS; PRO- VIDING THAT POOLS MUST BE ENCLOSED BY SCREEN ENCLO- SURE. FENCE OR WALL OF A MINIMUM HEIGHT OF FIVE FEET' PROVIDING THAT FENCE OR WALL TO BE CONSTRUCTED IN SUCH A MANNER AS NOT TO BE EASILY CLIMBED. NOT AFFORD- ING ANY EXTERNAL HANDHOLDS OR FOOTHOLDS ON OUTSIDE GATES TO BE SAME HEIGHT AS THE FENCE OR WALL AND EQUIPPED WITH A SELF-CLOSING AND SELF-LATCHING CLOSURE MECHANISM AT A HEIGHT ABOVE THE REACH OF TODDLERS. THE GATE SHALL BE LOCKED OR LATCHED AT ALL TIMES WHEN THE POOL IS UNATTENDED; PRO- VIDING FOR SEVERABILITY, CON- FLICTS AND EFFECTIVE DATE. This Public Hearing will be held at 7:30 p.m. on Sept 26, 1988 or as soon ther- eafter as possible in the Commission Chamber, City Hall, 1126 East S.R. 434, Winter Springs, FL 32708. Copies of the proposed ordinance are available in the office of the City Clerk for inspection. Interested partIes may appear at this hearing and be heard with respect to this proposed ordinance I Persons are advised that if they decide to appeal any decision made at this meellng,. they will need a rpcord of the I proceedings and for such purpose, they I may need to ensure that a verbatim re- cord of. the proceedings is made which record Includes. the testimony and evi- dence upon which the appeal is to be ~;::;~~per Section 286.0105 Florida Dated this 15th day of Aug. 1988. CITY OF WINTER SPRINGS FLORIDA IslMary T. Norton Mary T. Norton City Clerk LS-722(6s) Sept.4,1988 FORM NO. AD-264