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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1974-032/� / 7 0 CITY OF TAMARAC, FLORIDA ORDINANCE NO.,—T LJL�oZ . AN ORDINANCE PROVIDING FOR ENCLOSURES SURROUNDING SWIMMING POOLS; REQUIRING SUITABLE BUILDING PERMITS; REQUIRING INSPECTIONS; REQUIRING SAFETY BARRIERS; PROVIDING A SAVINGS CLAUSE; REPEALING ALL LAWS IN CONFLICT; PROVIDING AN EFFECTIVE DATE. WHEREAS, The City Council for the City of Tamarac, Florida is cognizant of the fact that swimming pools which are not enclosed by fencing or screening in some manner constitute an open and notorious danger to the children of the City; and WHEREAS, the City of Tamarac has no regulations providing that swimming pools be so enclosed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: For the purposes of this Ordinance, the term "swimming pool" shall mean a body of water in an artificial or semi -artificial receptacle or other container, whether located indoors or outdoors, and used or intended to be used for public, semi-public, or private swimming by adults and/or children. SECTION 2: Before any work is commenced, permits shall be secured from the City for the construction of all swimming pools and for the construction of safety barriers which shall enclose them as hereinafter provided. Plans shall contain all details necessary to show compliance with the terms and conditions of this Ordinance. No swimming pool permit shall be issued unless simul- taneously therewith a permit is secured for the erection of the required safety barrier. If the premises are already enclosed, a permit for the safety barrier shall not be required, if, upon inspection of the premises, the existing barrier is proven to be satisfactory in the opinion of the building inspector. 1-1 SECTION 3: Subject to paragraph E, hereinafter provided, no swimming pool final inspection or approval shall be given by the building inspector, unless there has been erected a safety barrier as hereinafter provided. A. The safety barrier shall take the form of a screened -in patio, a wooden fence, a wire fence, a rock wall, concrete block wall, or other materials so as to enable the owner to blend the same with the style of architecture planned or in existence on the property. In a wooden type fence, the boards, pickets, louvers, or other such members, shall be spaced, constructed, and erected, so as to make the fence non -climbable and impenetrable. Walls, whether of the rock or block type, shall be so erected so as to make them non -climbable. B. The minimum height of the safety barrier shall be six (6) feet. C. The safety barrier shall be erected either around the swimming pool or around the premises on which the swimming pool is erected; in either event, it shall enclose the area entirely, prohibiting unrestrained admittance to the enclosed area. D. Cates shall be equipped with a safety lock and closing mechanism which shall be operable only from the inside of the enclosure. E. The Board of Adjustment, with respect to future swimming pools, may make such modifications in individual cases as necessity requires, upon a showing of good cause, with respect to the height, form, and general construction of the individual safety barrier or the individual gates contained within the safety barrier. SECTION 4: Should any section or provision of this Ordinance or any portion thereof, or any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or any part hereof, other than the part declared to be invalid. SECTION 5: All ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 6: This Ordinance shall become effective immediately upon its final passage. - 2 - PASSED FIRST READING THIS k119 DAY OF 1974. 1974. 1974. A PASSED SECOND READING THIS DAY OF , PASSED THIRD READING THIS �O DAY OF , ATTEST: CIT CLERK I HEREBY CERTIFY that I have approved the form and correctness of this ORDINANCE. CITY ATTOR - 3- 'Q.