PLACEMENT: Public Hearings
TITLE:
title
PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING CHAPTER 21, ARTICLE 8, SWIMMING POOLS, SPAS AND HOT TUBS, GENERAL ORDINANCES, MARTIN COUNTY CODE, REGARDING SAFETY BARRIERS
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EXECUTIVE SUMMARY:
executive summary
The Board is asked to approve an amendment to the General Ordinances concerning safety barriers surrounding swimming pools, spas and hot tubs.
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DEPARTMENT: County Attorney
PREPARED BY: Name: Sebastian Poprawski
Title: Senior Assistant County Attorney
REQUESTED BY: Sebastian Poprawski
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
The Board has adopted Chapter 21, Article 8, Section 21.106, General Ordinances, to require safety barriers around swimming pools, hot tubs and spas. In order to more effectively conduct inspections, the Code Enforcement Department has asked that Section 21.106 be amended to include language that a pool, hot tub or spa be "capable of" containing more than 24 inches of water, rather than actually containing more than 24 inches of water, to be required to be completely surrounded by an approved fence or barrier. Owners have purposely reduced water levels to below 24 inches to circumvent the barrier requirement. The proposed amendment to Section 21.106 of the General Ordinances would codify the change.
Pursuant to Section 125.66(3), Fla. Stat., a Business Impact Estimate is attached.
ISSUES:
Whether to amend Chapter 21, Article 8 to require that swimming pools, hot tubs and spas be surrounded by a safety barrier if capable of containing more than 24 inches of water, rather than actually containing 24 inches of water.
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, has identified and addressed legal risks, and has developed strategies for legal defensibility.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board adopt the proposed Ordinanc...
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