Tuesday, June 26, 2018

Funny you should ask: what are the rules about fencing around pools?


WHY ARE ALL THESE SWIMMING POOLS POPPING UP ALL OVER TOWN WITHOUT PROPER FENCING AROUND THEM??!"
- Peeved About Pools in Chetek

That's what I was recently asked by an irate resident who called to ask me why they had to put a fence around their pool while others seem to get away without having one around theirs? Well, as I do with all questions I'm asked I usually go right to the source to get the low down. That usually means one of the following people: City Clerk Carmen Newman, Public Works Director Dan Knapp, Police Chief Ron Ambrozaitis or City Inspector Joe Atwood. If they don't know the answer (and one of them probably does) then there's no help for it. It has to be a theological conundrum of some sort or another. So after I concluded that conversation I spoke with Joe Atwood who was only too happy to inform me everything I need to know about swimming pools.

Just in case you were wondering, no fence needed here


Namely – and most importantly – if it's two feet deep or less then it does not need a protective fence around it. That means your basic “kiddie pool” that you can buy at Wal-Mart for $15-30 is fine without fencing. (This caller reminded me that you could drown in a bathtub just as well as in a kiddie pool. They're right of course. Our ordinances, however, don't cover such a scenario). When I 
The guy knows his stuff
asked Joe about the alleged “pool plague” presently afflicting Chetek, he informed me that most of the pools he has seen around town meet the two feet deep or less standard.

However, if the pool is deeper than two feet, it's just entered a whole new category of pool. A few weeks ago, Deputy City Clerk and Treasurer Cassandra Larson posted a very helpful graphic at the City of Chetek Facebook page, the information which I'll re-post here. Citing Section 118-257(f) (1):

All outdoor swimming pools having a depth capacity of two feet or more shall be completely enclosed by a fence prior to use of the swimming pool...Such fence shall be not less than four feet in height above the ground level immediately below. Such fence shall be of not less than 11.5 gauge chain link fencing or such other construction which will make access to the swimming pool area equally difficult.”

This family (not from Chetek) clearly knows the rules about fencing

When I asked Joe about the need for chain link fencing he said that he focuses on the phrase “...or such other construction which will make access to the swimming pool area equally difficult.” Personally, Joe disapproves of chain link fencing as its pretty easy for kids to climb over. The main thing is Joe has to see it and approve of the fencing before it goes up.

Such fence or wall shall be constructed in such a design to resist climbing and as not to have voids, holes, or openings larger than four inches in one dimension. Any open space in the plane of the fence shall be equipped with a gate. Each gate shall have at least the minimum height required for the fence and shall be equipped with self-closing and self-latching devices placed at the top of the gate or at a place which is otherwise inaccessible to small children.”


My wife, Linda, has been wanting to put a pool up in our backyard for many summers running. It's that fence-requirement-thing that kills it for me. To buy any kind of fencing “in such a design to resist climbing” and one that has a gate in it prices me right out of that idea.

Last week, Joe actually had to stop at a residence that had a pool in their backyard and inform the owners that they, in fact, had to drain their pool by the next day as it was deep enough to require a fence around it which they didn't have. They were good sports about it and drained their pool as he requested but they're disappointed all the same. After all, if you spend several hundred dollars on a pool you hate to see your investment just laying on the ground.

Section 118-257(f)(3) does allow a temporary fix, however:

Prior to the initial filling with water, each such outdoor swimming pool shall be enclosed by either fencing as required in this section, or a temporary construction fence. Such temporary fence shall be a snow fence, or a fence of similar design, at least four feet in height and securely anchored in place. The fence shall be constructed with its base flush to the ground and shall have supportive posts placed no more than eight feet apart. The fence shall remain in place until such time as a permanent fence is installed as provided in this section. The installation of a permanent fence shall take place no later than 60 days after the initial filling of the swimming pool.”

If you're prone to look for loop-holes, I guess here's one for you.
This will do for two months
You can put snow fencing around your pool so long as that within 60 days you have a more permanent fence erected around it. If you bought one this weekend, two months from now it'll probably be too cold to go swimming (and if you haven't cleaned it out since you filled it up the first time it will definitely be too gross to do so). But if I were you, I'd call Joe
first before you invest any money in a pool or fencing materials. He's only too happy to talk you through what you need to know. You can reach him at 715-764-2948.

Like all municipal ordinances, these rules aren't personal. We're not picking on anyone. In this case, the heart of the matter is safety. Nobody wants to be that person who because they neglected to secure their pool a little child tragically drowned. So, do the right thing. If the lake is too green for your liking, then head to Barron's or Rice Lake's pool. Or, if you want your own pool just make sure you reference Section 118 of our Municipal Code and let Joe know what you're thinking.



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