City of Edgerton, MO
Platte County
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Table of Contents
Table of Contents
[Ord. No. 450, 10-7-2015]
A. 
The City of Edgerton adopts the following codes promulgated by the International Code Council, including appendixes:
1. 
International Building Code, 2012 version (as amended);
2. 
International Residential Code, 2012 version (as amended);
3. 
International Plumbing Code, 2012 version (as amended);
4. 
International Mechanical Code, 2012 version (as amended);
5. 
International Fuel Gas Code, 2012 version (as amended);
6. 
International Energy Conservation Code, 2009 version (as amended);
7. 
National Electrical Code, 2011 version (as amended); and
8. 
National Green Building Standards, ICC 700-2008.
A. 
For any violation of the codes adopted hereby, the violator, upon conviction, shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment in the City or County Jail not exceeding ninety (90) days, or by both such fine and imprisonment. Every day any violation shall continue shall constitute a separate offense.
B. 
Whenever any act is prohibited by the codes adopted hereby, by an amendment thereof, or by any rule or regulation adopted there under, such prohibition shall extend to and include the causing, securing, aiding, or abetting of another person to do said act. Whenever any act is prohibited by the code adopted hereby, an attempt to do the act is likewise prohibited.
C. 
Equitable Relief. In addition to any other remedies or penalties established for violations of the codes adopted hereby, or any rule, regulation, notice, condition, term or order promulgated by any officer or agency of the City under duly vested authority, the City Official responsible for the enforcement of the code adopted hereby, rule, regulation, notice, condition, term or order may, on behalf of the City and after approval by the Board of Aldermen, apply to a court of competent jurisdiction for such legal or equitable relief as may be necessary to enforce compliance with the code or rule, regulation, notice, condition, term or order. In such action, the court may grant such legal or equitable relief, including, but not limited to, mandatory or prohibitory injunctive relief, as the facts may warrant. Upon the successful prosecution of any such action, the City may be awarded by the court reasonable attorney fees as allowed by law.
[Ord. No. 515, 4-22-2010]
This Article is intended to provide protection against potential drownings and near-drownings by persons not intended to have access to residential swimming pools, spas and hot tubs by establishing barriers required to restrict access to such structures.
[Ord. No. 515, 4-22-2010]
As used in this Article, and for the purpose of these requirements, the following definitions shall apply:
ABOVEGROUND/ON-GROUND POOL
See "swimming pool."
BARRIER
A fence, wall, building wall or combination thereof which completely surrounds the swimming pool and obstructs access to the swimming pool.
HOT TUB
See "swimming pool."
IN-GROUND POOL
See "swimming pool."
RESIDENTIAL
That which is situated on the premises of a detached one- or two-family dwelling or a one-family townhouse not more than three (3) stories high.
SPA, NON-PORTABLE
See "swimming pool."
SPA, PORTABLE
A non-permanent structure intended for recreational bathing, in which all controls, water-heating and water-circulating equipment are an integral part of the product.
SWIMMING POOL
Any structure intended for swimming or recreational bathing that contains water over sixteen (16) inches deep, including in-ground, aboveground, and on-ground swimming pools, hot tubs and spas.
SWIMMING POOL, INDOOR
A swimming pool which is totally contained within a structure and surrounded on all four sides by the walls of the enclosing structure.
SWIMMING POOL, OUTDOOR
Any swimming pool which is not an indoor pool.
[Ord. No. 515, 4-22-2010]
A. 
Barriers as follows shall be required:
1. 
Outdoor Swimming Pool. An outdoor swimming pool, including an in-ground, aboveground or on-ground pool, hot tub or spa shall be surrounded by a barrier which will comply with the following:
a. 
The top of the barrier shall be at least six (6) feet above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be two (2) inches measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade, such as an aboveground pool, the barrier may be at ground level, such as the pool structure, or mounted on top of the pool structure. Where the barrier is mounted on the top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be four (4) inches.
b. 
Openings in the barrier shall not allow passage of a four-inch diameter sphere.
c. 
Solid barriers which do not have openings, such as masonry or stone wall, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.
d. 
Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than forty-five (45) inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed one and three-fourths (1 3/4) inches in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed one and three-fourths (1 3/4) inches in width.
e. 
Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is forty-five (45) inches or more, spacing between vertical members shall not exceed four (4) inches. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed one and three-fourths (1 3/4) inches in width.
f. 
Maximum mesh size for chain link fences shall be a two and one-fourths (2 1/4) inch square unless the fence has slats fastened at the top or the bottom which reduce the openings to not more than one and one-third (1 1/3) inches.
g. 
Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall not be more than one and three-fourths (1 3/4) inches.
h. 
Access gates shall comply with the requirements of this Section and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outward away from the pool and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall have a self-latching device. Where the release mechanism of the self-latching device is located less than fifty-four (54) inches from the bottom of the gate, the release mechanism and opening shall be located on the pool side of the gate at least three (3) inches below the top of the gate and the gate shall have no opening larger than one-half (1/2) inch within eighteen (18) inches of the release mechanism.
i. 
Where the wall of a dwelling serves as part of the barrier, one (1) of the following conditions shall be met:
(1) 
The pool shall be equipped with a powered safety cover; or
(2) 
Doors with direct access to the pool through that wall shall be equipped with an alarm which produces an audible warning when the door and/or its screen, if present, are opened. The alarm shall activate an audible sound within seven (7) seconds and sound continuously for a minimum of thirty (30) seconds after the door and/or screen are opened and be capable of being heard throughout the house during normal household activities. The alarm shall automatically reset under all conditions and shall be equipped with a manual means, such as a touch pad or switch, to temporarily deactivate the alarm for a single opening. Deactivation shall last for no more than fifteen (15) seconds. The deactivation switch(es) shall be located at least fifty-four (54) inches above the threshold of the door; or
j. 
Where an aboveground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, the ladder or steps shall be capable of being secured, locked or removed to prevent access, or shall be surrounded by a barrier which meets the requirements of this Section. When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a four-inch diameter sphere.
2. 
Indoor Swimming Pools. Walls surrounding an indoor swimming pool shall comply with this Section.
3. 
Barrier Exceptions. Spas or hot tubs with an approved safety cover are exempt from these barrier requirements.
[Ord. No. 515, 4-22-2010]
Violation of the provisions of this Article shall be deemed to be an ordinance violation and punishable under the provisions of Section 100.220 of this Code.