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Ordinance No. 72-37 CTTY OF `PIGARD, OREGON 0RD114A1tCt: JO._ A1J ORl)lAAM(S IwGOLATII G 2'1E MAINTLNA.VCE OT' SWI111p,ilijG POOLS OBI 0 hE1i ARTIFICIAL 60DIES O "NATER; PROVIDING FOR THE FENCING k' AND OTHER PRO`1'L^C I'hE 111LASUFAES AND PROVIDING A PLNALTY FOR VIOLA'PIO" I'I uIt OF', DECLARING f N r.'"ER AND PRT SCRIr TlJi: fl;, ri 'ECTIVI' DATE. Uh CITY OF `lIGARD ORDAI14S AS FOLLOWS: Section 1: Every person, firm or corporation in possession of - land within the City of TiCard, either as owner, pur- chaser under contract, lessee, tenant or licensee., uPonf' water which is situated a swimminE pool or vii i -_ --, or used for sw`rmning, dippirz- or mliersion, whether public or private, �Y a depth of more than twenty-four (24) inches, shall. maintain on the lot and completely surrounding said pool or other body of water an enclosure consisting of a fence which shall be con- owing materials and in accordance with structed only from the foll the follov:ing minimum standards: A. A=.aterials and Design: a. If of wood - redwood, L_'lar or pressure treated . F posts not less than 4" x 4" set not more than ten feet apart, embedded at least 18" in tine ground. Vertical beards at least 1/2" thick shall be fastened scurely to and outside of not less than two horizontal rails at least 2" x 4" in dimension. The outside face of fence shall have no horizontal projections or recesses. b. If of wire - galvanized chain link fencing, minimum 11 guage, with -alvanized pipe posts of at least 1_1/4" diameter spaced not more than ten feet apart. Posts shall be not less than twelve inches in con- crete in post holes six inches in diameter- and eighteen inches deep. c. if of masonry - solid walls of brick, concrete block or Or ote stone with no projecfliomostheecesses 6round surfacer openin s less than four feet d. Is: of wrought iron - steel tube posts with a miniirltm 1-1/4" section and a minimum 1/8" steel shall be spaced not more than eight feet on center. Vertical steel bars of a minimum 1/2"section shall be spaced trot more thhall be an four inches honcenhannplrsteelrwitl� a1mini nu;nsvertical at least 0tie inch separation of four feet. e. If of other materials - any fence material and method of construction other than specified above, shall be submitted to the City of Tigard Building Department for consideration prior to erection. If the Building Page 1 - Ordinance No. h k.' Department deteranines that the material and method of construction conforms to the ;general design for safity and durability as set forth above, the Dctildin • Department May approve said fence. f. gt no point shall the fence be closer to the edge of the pool than four feet. g• A dwelling house, accessory building, or uther structure may be utilized as a part of such enclosure provided its design substantially meets the foregoing design standards. h. The fence and enclosure requirements of this ordinance shall apply to all pools of more than twenty-four •h whether temporary or permanent, and lncne5 xAl u u v.. .. whether situated above or below the around level. B. Height: Fences shall be riot, less than four feet in height measured from the outside ;_:;round level at a point twelve inchas horizontal from the base of the fence. C. Gates: Any gate in a protective fence shall meet fence require- ments for height and durability. It shall be equipped with a self-closing; device and a self-latching device located not less than 3 feet 6 inches above the ground. ^, 1 Section 2: 110 swimming pool of a depth of more than twenty-iuuv �_ inches shall be constrr,._ted or erected without first obtain- ing a building permit. No building permit shall be issued until the plans filed with the building inspector's office show full compliance with this ordinance and no pool shall be used until a final inspection is made by said building inspector after construction is completed in accordance herewith. Section 3: All persons now maintaining; pools for swimming, dipping, or Immersion, or any other artificial body of water, having a depth of more than 24 inches shall comply with the provisions of this ordinance within 60 days after the effective date thereof. However, the Building Department upon the application d' a property owner, may grant extensions of time for com-oliance in individual cases upon she:•:ing of good cause. Such extensions of time shall not exceed 30 days at a time. Section 4: upon conviction of any person, firm or corporation of a violation of this ordinance, said person, firm or corporation shall be punished by a fine of not more than $250.00 or imprisonment in the municipal jail for not more than 30 days, or by both such fine and imprisonment. Any person, firm or corporation continuing, committing or permitting any violation on more than one day shall be deemed guilty of a separate offense for each day of violation. Section 5: It is hereby declared that existing conditions are such that this act is necessary for the immediate preservation 1; Page 2 - Ordinance 4o. ;Z. f of the public peace, health and safety of the city and an emergency hereby is declared to exist, and this ordinance shall take and be in full force and effect from and after the date of its pas-age by the Council and approval by the Mayor. PAOSED. BY majority vote of all Council members present, after being read three times by number and title only, this 12th day ofjune ,1972. Recorder City of Tdgard APPROVED: By the Mayor, this 12t4 d QX June ,1972. i4'a Tigard Page 3 Ordinance No.7 A-,i_:Z