The URL can be used to link to this page

Home My WebLink AboutOrd. 488 - Swimming PoolsCITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 488 AN ORDINANCE AMENDING THE CITY CODE TITLE 9. CHAPTER 4. RELATING TO SWIMMING POOLS, SPAS AND HOT TUBS THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 9 CHAPTER 4: SWIMMING POOLS, SPAS AND HOT TUBS SECTION: 9-4-1: Purpose 9-4-2: Definitions 9-4-3: Permit And Compliance Required 9-4-4: Construction Standards 9-4-5: €ease Access Barrier Requirements 9-4-6: Violation A Misdemeanor 9-4-1: PURPOSE: The purpose of this chapter is to regulate the location of outdoor swimming pools, spas and hot tubs on residentially zoned property and require feRsiR9 er access barriers to protect the health, safety and general welfare of the public. (Amended Ord. 228, 7-1-1997) 9-4-2: DEFINITIONS: For the purpose of this chapter, certain terms, words and phrases are defined as follows: ABOVEGROUND/ ONGROUND POOL: See definition of Swimming Pool. ACCESS BARRIER: A fence, wall, building wall, of a combination thereof or equally protective barrier as determined by the City, which completely surrounds the swimming pool and obstructs access to the swimming pool. HOT TUB: See definition of Swimming Pool. INGROUND POOL: See definition of Swimming Pool. SPA: See definition of Swimming Pool. SWIMMING POOL: Any structure intended for swimming or recreational bathing (noncommercial use) that contains water over twenty-four inches (24") deep. This includes in -ground, aboveground and on -ground swimming pools; hot tubs; portable and non-portable spas; and fixed in place wading pools. SWIMMING POOL INDOOR: A swimming pool that is totally contained within a residential structure and surrounded on all four (4) sides by walls of said structure. SWIMMING POOL, OUTDOOR: Any swimming pool that is not an indoor pool. (Amended Ord. 228, 7-1-1997) 9-4-3: PERMIT AND COMPLIANCE REQUIRED: No person shall construct, alter or renovate a swimming pool without an approved building permit. Permits are required for swimming pools that exceed 5,000 gallons capacity or two hundred (200) square feet in area. All swimming pools that require a permit shall comply with the fencing access barrier requirements as stated in Section 9- 4-5 of this chapter. (Amended Ord. 228, 7-1-1997) 9-4-4: CONSTRUCTION STANDARDS: All swimming pools are required to meet the following construction standards in addition to all Minnesota State Building Code requirements: (Amended Ord. 228, 7-1-1997; amd. 2003 Code) A. Location: 1. Swimming pools shall not be located beneath utility lines nor over underground utility lines of any type. 2. No person, firm or corporation shall build, situate or install a swimming pool within ten feet (10') of any side or rear lot line, nor within six feet (6) of any principal structure, nor closer to the front lot line than the principal structure, except as herein provided. On residential parcels of land of one acre or more, a swimming pool may be constructed closer to the front lot line than the principal structure, however, the minimum distance it may be from the front line shall be two hundred feet (200'). 3. No swimming pool shall be located within twenty feet (20') of any part of an on-site sewer system or area designated as an alternate drain field. B. Fence Required During Construction: While being constructed, the swimming pool must be provided with a temporary or permanent access barrier. If fenced with a portable fence is used as a temporary access barrier, such fence must be not less than four feet (4) in height and meet the access barrier requirements of 9-4-5. (Amended Ord. 228, 7-1-1997) 9-4-5: FCS ACCESS BARRIER REQUIREMENTS: A. Outdoor Swimming Pools: 1. All outdoor swimming pools constructed shall be completely enclosed by an access barrier consisting of, a fence, er wall combination thereof, or equally protective barrier of the non -climbing type, so as to not Ante be penetrable by toddlers-,. Such access barrier shall afford no external handholds or footholds, and be a minimum of four feet (4') in height;. An access barrier must be provided for aboveground pools except where the with a side wall height is entirely of at least four feet (4'), and the only pool access is byReed not be fenG but -shall have removable steps, which must be removed when the swimming pool is unattended. 2. All eutdooF fenGe epeRiRgs a outdoor points of entry through the access barrier or fence into the swimming pool area shall be equipped with self-closing and self -latching devices. Openings through or below the access barrier The opening betweeR the ti^µem of the fenne and tie shall not be Fnere than a.ee inches (3"` allow the passage of a 4 -inch -diameter sphere. 3. Alternative barrier/s to swimming pool fence may be allowed by the Building Official where determined that the alternative barrier is equally impenetrable and protective of public safety. Plans and specifications for any alternative barrier must be submitted to the Building Official and must substantially demonstrate equal protection of public safety. A retractable pool cover alone is hereby determined to not be equally protective. Where the swimming pool permit applicant or owner chooses to appeal the decision of the Building Official, such appeal must be made in writing by the applicant to the Andover Architectural Review Committee, and further to the City Council as may be determined by the permit applicant. B. Outdoor Spas And Hot Tubs: All outdoor spas and hot tubs shall either have a Tense an access barrier as described in this section or a latchable cover. The cover should shall be constructed of a material not to be penetrable by toddlers and is subject to inspection and approval by the Building Official or designee. (Amended Ord. 228, 7-1-1997) 9-4-6: VIOLATION A MISDEMEANOR: Any person, firm or corporation violating any provision of this chapter shall be guilty of a misdemeanor as defined by state law. (Amended Ord. 228, 7-1-1997) All other Titles, Chapters and Sections of the City Code shall remain as written and adopted by the Andover City Council. Adopted by the City Council of the City of Andover on this 5th day of March, 2019. ATTEST: Mich Ile Hartner, Deputy City Clerk CITY OF ANDOVER h�-- J i Trude, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 488 SUMMARY AN ORDINANCE AMENDING CITY CODE TITLE 9, CHAPTER 4, RELATING TO SWIMMING POOLS, SPAS AND HOT TUBS STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance amendment is adopted pursuant to the authorization and policies contained in Minnesota Statute 412. Policy The purpose of these regulations is to protect the public health, safety and welfare. The proposed amendments to City Code, Title 9, Chapter 4 clarify language relating to swimming pool access barriers and allow for equally safe alternatives to residential swimming pool access barrier fencing in the City of Andover. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this ordinance shall apply to the City of Andover. Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this 5th day of March, 2019. ATTEST: 4Micelle HarMer, Deputy City Clerk CITY OF ANDOVER li Trude, Mayor