101-06 Amend 1721 Family Swimming Pools

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Please Substitute for Ordinance No. 101-06. PLACED ON 1ST READING 12/18/06, 2nd READING 1/2/07. Ordinance No, 101-06 Antonio, Butler, Demro, Dever, FitzGerald, Madlgan. AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (S) members elected to Coundl otherwise, it shall take effect and be in force after the earliest period allowed by aw, to enact a new Chapter within the Sanitary Code, of the Codified Ordinances of the C [7 of Lakewood, titled Family Swimming Pools. WHEREAS, the City of Lakewood Pool Ordinances haye not been updated in over ten years; and WHEREAS, the Ohio Administrative Code contains regulations applicable to public pools; and WHEREAS, in conjunction with this legislation, the Administration is proposing adopting two other pieces of legislation that Will repeal Chapter 1721, Swimming Pools and (~r~ate a new Chapter, Pub c Swimming Pools, within the Codified Ordinances of the City of Lakewood that will regulate swimming pools more efficiently. WHEREAS, this Council by a vote of at least five (5) members elected thereto determines that this ordinance is an emergency measure, and that this ordinance shall take effect at the earliest date possible as set forth in ARTICLE III, SEC'TONS 10 and 13 of the SECOND AMENDED CHARTER OF THE Crib' OF LAKEWOOD, and that it iS necessary for the immediate preservation of the pub c property, hea th and safety, and to provide for the usual daily operation of municipal departments in that this legislation should be effective prior to the new Pool/pool cOnstruction Season begins. Now, therefore BE IT ORDAINED BYTHE CITY OF LAKEWOOD, STATE OF OHTO Section ~_, That a new Chapter, within the Sanitary Code of the Codified Ordinances of the City of Lakewood, titled Family Swimming Pools, is hereby created to read as follows: XXXX,O::I. LOCATION OF FAMILY POOLS. (a) In addition to requirements contained in section 1123.10(c) and lj.21.:10(c) of the Lakewood ZOning Code, no lam y sWmm ng pool Or family wading pool shall be placed or located in any front yard or side Yard as prescribed by the Lakewood Zoning Code applicable to the lot or parcel upon which such pool is situated. (b) Unless otherwise specifically provided the standards and regulaUons of this chapter shall not be applicable to family wading pools. XX}iX,02 DEFINITIONS, The following definitions, terms, phrases, words and their derivations shall apply to this chapte,r,: la) Health CommiSsioner" means the Health Commissioner of the City of Lakewood, Or hFs/her authorized representatives. lb) "Building Commissioner" means the Building Commissioner of the City of LakeWood or his/her authorized representative. lc) Family swimming pool' means an art*ftc'al body of water accessory to either a single-family or two-family dwelling house with any horizontal measurement ten feet or more and used or intended to be used Solely by the owner or lessees of such dwelling house or by his family or by friends invited to use it without payment of any fee (1) "Portable family swimming pool" means a family swimming pool resting entirely above ground and designed to be easily dismant ed, storedand moved from one place to another. (d) Family wading pool means an artificial body of water accessory to either a single-family or two-family house, with a contro ed Water suPply, with any horizontal measurement being ess than ten feet and used or intended to be used solely by the owner or essee of such dwelling house Or by h S fami y or by friends invited to use it without payment of any fee.