8.1. SR 06-03-2013 - Laserfiche WebLink

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City of Elk REQUEST FOR ACTION River TO ITEM NUMBER Mayor and City Council 8.1 AGENDA SECTION MEETING DATE PREPARED BY General Business June 3, 2013 Chris Leeseber , Park Planner-Planner ITEM DESCRIPTION REVIEWED By Review Ordinance as it Relates to Fencing of Pools and Jeremy Barnhart,Deputy Director, Automatic Pool Covers COD REVIEWED BY Cal Portner, City Administrator ACTION REQUESTED Provide staff direction. BACKGROUND/DISCUSSION At the May 6,2013, meeting Open Forum,the City Council directed staff to research the history of pool covers and fences and report back. This direction was in response to a property owner who wishes to utilize a retractable pool cover in lieu of a fence. In 2006, the Council reviewed the ordinance regarding fencing for both above-ground and in-ground pools. The Council approved an ordinance in which all in-ground pools require fencing and all above- ground pools would not. Automatic pool covers were not discussed. The discussion centered around above-ground pools. The ordinance at the time read that above-ground pools required fencing,regardless of their size. This included the small blue inflatable type pools that were popular at the time. It was presented and supported that the sidewalls of an above-ground pool would act as a barrier. Someone physically had to try to get into an above-ground pool as they could not accidentally fall up and over the side walls. The fence requirement was removed, as long as the ladder was removed when not in use. The purpose for a fence with in-ground pools is to act as a barrier to prevent a baby/toddler or inattentive adult from accidentally falling into a pool. The desire was to have a permanent barrier to the pool area to prevent anyone from accidently falling into a "hole in the ground." The functionality, ability, and strength of automatic pool covers are not in question. The concern is that they only work when physically closed and covering the pool, an action required every time the pool is left unattended. Fencing is always in place creating the desired barrier. Fencing is not perfect as a gate may be left open allowing accidental entry. This opening is narrow in comparison to the overall length of a fence. A non-closed pool cover creates a pool that has its entire perimeter subject to accidental entry into the pool. NaA f RE]