Tuesday, July 31, 2007
sponsored by Graue Inc. & Illini Bank

Unfenced pools cause citizen concern

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[July 31, 2007]  The increasing number of above-ground swimming pools raised concerns of one Lincoln resident of Lincoln enough to come before the Lincoln City Council. Justin Brown observed that many pools have ladders, no fences and hold the potential for a child to fall in and drown.

Brown questioned what the city regulations are and if they might need to be modified to increase safety.

City building code enforcement officer Les Last informed the council that there is an ordinance regulating pool safety, but that the city had adopted the BOCA code and it also addresses that issue.

As such, when it comes to any building and code regulations, whichever is the more restrictive is the regulation, Last said.

The present city ordinance states that there needs to be a 3-foot fence for 3 feet of standing water.

The BOCA* code (see note below article) states that any pool with 2 feet of water needs to have a 4-foot fence.

So, according to code, if the water is 24 inches deep, there needs to be a fence.

Some above-ground pools have ladders that fold and lock and a railed deck that would prevent access.

Brown suggested that police could start patrolling and issuing citations to those without a fence who have a ladder down.

Alderman Buzz Busby was skeptical whether police could enforce having a pool unattended with the ladder down. What if someone just ran inside for a minute and was coming right back out and left the ladder in place? he asked.

The request to increase restrictions was reviewed by the ordinance committee.

When the petition came before the council to vote on, ordinance chairman Wanda Lee Rohlfs said that the committee covered the issue in depth and it came down to two very important aspects:

  1. Protecting young children from accidental drowning
  2. Compliance with BOCA code

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She said that the BOCA code is a resource from many years of testing and research, and it takes the safety of children into consideration. "I think we would like to stay in compliance with the BOCA code," she said.

Prather recommended that the information be distributed to the sellers of swimming pools so that citizens would know they do have a responsibility.

Mayor Beth Davis said that had already been done. She also asked Last to enforce the city's current ordinance regulations on pools.

There are many details pertaining to the construction of the fence, such as how much space is allowed between the ground and the start of an in-ground pool fence or between the top of an above-ground pool and the start of the fence. It also stipulates how big the spaces in the fence material can be, as well as how many gates and their locations, the type of latches, and more.

The city buildings and codes office in City Hall has copies of the regulations available for pickup. Last encourages everyone to use common sense and do everything they can to prevent an accident.

[Jan Youngquist]

* BOCA code: Building Officials and Code Administrators, which published the BOCA National Building Code and other national codes, is now the International Code Council. In 2003, more than 190 years of combined building and fire safety code development and 30 years of anticipation for one organization to produce codes for use across the country and around the globe became a reality when BOCA, ICBO and SBCCI consolidated to become the International Code Council.

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