Permitting swimming pools?

Code committee looking for answers

Wednesday, July 21, 2010

— Swimming pools and pool permits were the topic of discussion at Thursday’s code enforcement committee meeting in Gentry, and the mayor was requested to obtain more information on the city’s permit requirements and find out what requirements, if any, other area municipalities place on property owners who install pools, permanent and storable.

Current city code requires property owners who install a swimming pool of a depth greater than 24 inches to erect a 4-foot fence around the pool with a ground clearance of no more than 2 inches and a selfclosing, latching gate. Aboveground pools of a height 4 feet or greater do not require a fence if the ladder to enter the pool is removed from the outside. City code also requires building permits for permanent fences and electrical hookups for swimming pools.

Enforcement of the city’s code is difficult in many cases, according to Gentry Police Chief Keith Smith, because the pools are on private property and often are not visible from the street. Police can ask for permission to inspect where they have question about a pool or fence meeting city standards, but they cannot, without permission, enter a property to inspect a pool or fence without a search warrant based on probable cause, Smith explained to committee members.

Public safety - preventing a young child from entering into a swimming pool and drowning - is the concern and committee members are looking for ways to enforce current code and, if need be, toughen code requirements to ensure public safety.

Requiring a pool permit for swimming pools, both permanent and temporary, was one option discussed to make city access and inspection easier to accomplish. Some suggested that permits for temporary, storable pools could be made available without charge - similar to the city’s garage sale permits. Others were concerned that requiring a permit for a family to put up a small, temporary poolin the back yard could enrage residents.

The committee intends to revisit the issue when Mayor Wes Hogue has obtained the requested information, either at its regular August meeting on the third Thursday or sooner, if a special meeting is called.

Should the committee come up with a recommended ordinance change, the matter would be referred to the city council for official action.

In other business, the committee received a copy of the police department’spolicy for handling violations of city code regarding grass mowing and other unsanitary and unsightly violations.

The policy is a five-step procedure, with written notification and documentation. It includes: 1. A complaint is generated by the code enforcement officer, city official or citizen and a criminal case number is assigned; 2. The property is visited and inspected, with the property owner given a written notification of violations if any are found; 3. A revisit to inspect is made on or soon after the setremediation date, with the case closed or violations documented and a notice given of legal action to be taken if not corrected by a specific deadline; 4. A third visit, with the case closed if corrected or a notice to appear in court issued if the property owner cannot show cause why he has not corrected the violation by the deadline; 5. The enforcement officer makes himself available to testify in court and give a complete and true account of the violations and notices to the property owner to correct the violations.

News, Pages 1 on 07/21/2010