Committee discusses swimming pools

Wednesday, August 25, 2010

— Enforcing existing ordinances and urging homeowners to exercise caution to prevent the possibility of a child or toddler drowning in a swimming pool was the recommendation of the Code Enforcement Committee rather than requiring permits for all pools.

Current city code requires property owners to obtain building permits when installing permanent pools, pool fences and electrical outlets and hookups for pools but does not require permits for temporary pools which are put up and taken down each summer, except that a fence with a self-locking gate is required for pools with a depth of more than 24 inches.

Of concern to the committee were the pools — including shallow wading pools — put up with no fences to prevent the possibility of a wandering toddler falling in and drowning.

At its July meeting, the committee asked Gentry Mayor Wes Hogue to find out how other cities regulate pools, both permanent and temporary.

Hogue reported back at Thursday’s meeting saying that many cities have basically the same regulations as Gentry regarding pools — following the international building code — but that there were also some cities with more and others with less restrictions. Some cities require permits for all pools, and some — including Siloam Springs — have no fencing requirements, he said. Rogers, Bentonville, North Little Rock and Prairie Grove have the same regulations we do, Hogue said.

Hogue suggested a letter which the city’s code enforcement officer could give to residents and property owners when a swimming pool is put up at their residence. The letter explains the city’s concern in preventing accidental drownings and outlines the city’s ordinances in a checklist form so that the property owner can easily see if he or she has met all the requirements and has taken responsible precautions to prevent an accidental drowning. It invites residents to contact the city hall with questions or concerns.

Committee members were pleased with the sample letter and recommended that a similar letter or pamphlet be prepared for the city and used by the code enforcement officials to inform Gentry residents with swimming pools of their responsibilities and lawful obligations.

Committee members were also assured that the city’s new code enforcement officer, Danny Dodge, together with the city’s building inspector, David McNair, would actively enforce current city code regarding swimming pools and fencing requirements.

In other business, Hogue told committee members that the city was in a position, because of the number of bankruptcies and foreclosures, to pursue legal steps to deal with a number of properties where tall grass, weeds and debris in violation of city code were not being resolved through more simple code-enforcement procedures. He said this was because it was not possible to identify the person and bank legally responsible for the property without doing a title search.

The procedure also includes issuing required legal notifications and, if the property is not brought into compliance, the city bringing the property into compliance and placing a lien against the property for all costs involved. Hogue informed committee members he would follow the legal process to deal with the problematic properties unless the committee and council didn’t want him to do so. He explained that almost all of the costs of similar actions last year were recovered by the city. Committee members urged him to proceed.

Committee members discussed a number of specific properties where grass and weeds exceeded the 6-inch limit — in some cases by more than 2 feet — and urged the mayor to be sure the code enforcement officer contacts the property owners.