[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:
See "swimming pool."
A fence, wall, building wall or combination thereof which
completely surrounds the swimming pool and obstructs access to the
swimming pool.
See "swimming pool."
See "swimming pool."
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.
See "swimming pool."
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.
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.
A swimming pool which is totally contained within a structure
and surrounded on all four sides by the walls of the enclosing structure.
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.
