HomeMy WebLinkAbout2022-03-23 CR - Pool Disrepair Nuisance CITY OF
OAK PARK HEIGHTS
14168 Oak Park Boulevard North • Oak Park Heights,MN 55082 • Phone:651/4394439 • Fax:651/439-0574
March 23, 2022
Mr. Phillip Cici
14034 54th St. N.
Oak Park Heights, MN 55082
Re: Above Ground Swimming Pool
Dear Mr. Cici:
I was contacted by the property adjacent to you with regard to water coming into the home and made a
site investigation to the home. It appears that the melting snow accumulated to the unlined pool at your
yard may be the source or is likely contributing to the situation.
The pool has not been maintained and is beginning to fail structurally. The following observations were
made at the time of site investigation today:
1. The wall supports are showing signs of failure to the pool wall at the desk side.
2. The pool liner is not in place and has pulled away from the frame.
3. The pool does not have a cover, nor does it appear to have had one in place.
4. Access to the pool is not closed off from the deck/stairway by guards and/or a gate.
5. Guards are not fully in place at the deck as required per the MN Residential Building Code.
The condition of the above ground swimming pool at your home is in a state of disrepair and is in
violation of City Nuisance Ordinance 1109, City Ordinance 1303 as it relates to swimming pools, and
Minnesota Residential Building Code Section R312 as it relates to Guards. These Ordinances and Code
section, along with some site photos have been enclosed for your review.
This letter serves as the City's request for Code Compliance to abate the nuisance of the pool condition
either by its full repair or removal and abatement of MN Residential Code violation by placement of
compliant guards and/or gate to the deck. Abatement or an approved abatement plan and appropriate
work permit shall be completed no later than April 25, 2022.
Please contact me with any questions you may have. I am happy to meet you to discuss the situation
and potential solutions.
Sincerely,
PLANNING& CODE ENFORCEMENT
411
Ju 'e ' ultman,
B ild'ng Official
Enclosures
Tree City U.S.A.
1109
NUISANCE ORDINANCE
AN ORDINANCE DEFINING NUISANCES, PROHIBITING THEIR CREATION OR
MAINTENANCE AND PROVIDING FOR ABATEMENT AND PENALTIES FOR VIOLATION
THEREOF.
THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY,
MINNESOTA, DOES ORDAIN:
1109.01 Public Nuisance Defined.
A public nuisance is a thing, act, or use of property which shall:
A. Annoy,injure,or endanger the health,safety,comfort or repose of the
public;
B. Offend public decency;
C. Unlawfully interfere with the use of,or obstruct or tend to obstruct,or
render dangerous for passage, a public water, park, square, street,
alley,or highway;
D. Depreciate the value of the property of the inhabitants of the City of
Oak Park Heights or of a considerable number thereof; or
E. In any way render the inhabitants of the City of Oak Park Heights,or
a considerable number thereof, insecure in life or in use of property.
1109.02 Definitions.
A. "City" means the City of Oak Park Heights, Washington County,
Minnesota.
B. "Person" includes any person, form or corporation, and the singular
shall include the plural.
C. Where references are made herein to particular officers, councils,
boards or agencies, such officers, councils, boards or agencies are
those of the City of Oak Park Heights.
D. "City Council" means the City Council of the City of Oak Park
Heights,Minnesota.
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1109.03 Public Nuisances Affecting Health, Safety, Comfort or Repose.
The following are hereby declared to be public nuisances affecting health, safety,
comfort, or repose:
A. All decayed or unwholesome food offered for sale to the public;
B. All diseased animals running at large;
C. Milk which is produced by cows which have not been tested and found free
of tuberculosis within the year previous to the offering of such milk for sale
to the public;
D. Carcasses of animals not buried or destroyed within twenty-four(24)hours
after death;
E. Accumulations of manure and rubbish;
F. Privy vaults and garbage cans which are not fly-tight;
G. Dumping the contents of any cesspool,privy vault,or garbage can except at
places authorized by law or allowing any cesspool or individual sewage
disposal system to overflow in any manner;
H. All noxious weeds, tall grasses, and other rank growths; the word "weeds"
shall be construed to mean and include all noxious weeds as defined by the
Statutes of the State of Minnesota and all such useless and troublesome plants
as are commonly known as weeds to the general public. All grasses growing
to a height greater than six (6)inches upon any lot or parcel of land within
the platted portions of the City of Oak Park Heights are hereby declared to be
a nuisance;
I. An accumulation of tin cans, bottles, or trash or debris of any nature or
description: and the throwing, dumping or disposing of any dead animals,
manure, garbage, waste, decaying matter, ground, sand, stones, ashes,
rubbish,tin cans,or other material or debris of any kind on private property;
J. Dense smoke, noxious fumes, gas, and soot or cinders in unreasonable
quantities;
K. Offensive trades and businesses as defined by statute or ordinance not
licensed as provided by law;
L. All public exposure or persons having a contagious disease;
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M. The distribution of sample or medicine or drugs unless such samples are placed
in the hands of an adult person by someone properly licensed;
N. All other acts, omission of acts, occupations, and uses of property which are
deemed by the City Council and the City Health Officer to be a menace to the
health of the inhabitants of the City or a considerable number thereof;
O. It shall be a nuisance for any person to cause or permit a domesticated animal to
be on any property,public or private,not owned or possessed by such person,
unless such person has in his/her immediate possession a device for the removal
of excrement to a proper receptacle located upon property owned or possessed
by such person;
P. It shall be a nuisance for any person in control of, causing or permitting any
domesticated animal to be on any property, public or private, not owned or
possessed by such person,to fail to remove excrement left by such domesticated
animal to a proper receptacle located on the property owned or possessed by
such person.
Q. The provisions of Subparagraphs 0 and P of this Section shall not apply to the
ownership or use of seeing eye dogs by blind persons,dogs when used in police
activities by the City or County Sheriffs Department, or tracking dogs when
used by or with the permission of the City.
1109.04 Public Nuisances Affecting Peace and Safety.
The following are declared to be nuisances affecting public peace and safety:
A. All snow and ice not removed from public sidewalks twelve(12)hours after the
snow and ice have ceased to be deposited thereon;
a. Snow, ice or any other debris may not be placed into or upon City street
surface by any party without a Permit issued from the City.
b. Snow, ice or other debris generated from private lands may not be plowed or
dragged across a City street for purposes of snow storage and/or snow
wasting.
c. Depositing of snow generated from private lands upon a public right of way
that is not immediately adjacent, contiguous and on the same side of the
street is also prohibited.
B. All wires which are strung less than fifteen(15) feet above the surface of any
public street or alley;
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C. All buildings, walls, and other structures which have been damaged by fire,
decay or otherwise as to an extent exceeding one-half('/)of their original value
or which are so situated so as to endanger the safety of the public;
D. All explosives,inflammable liquids and other dangerous substances or materials
stored or accumulated in any manner or in any amount other than that provided
by law or ordinance;
E. All use of display or fireworks except as provided by law or ordinance;
F. All of the following activities are hereby declared to be public nuisances:
1. Any snow removal activities on private property located within 500
feet of any residential district of the city, using plows, dump trucks,
payloaders or any mechanized equipment between the hours of 10:00
o'clock. p.m.and 6:00 o'clock a.m.This provision shall not apply for
any time period in which the City has declared a snow emergency.
2. Any parking lot sweeping,paving,or seal coating activities occurring
between the hours of 10:00 o'clock. p.m.and 6:00 o' clock a.m.
3. All construction activities where the use of power nailers,power saws,
earth moving equipment,bulldozers,or any power equipment is being
used between the hours of 10:00 o'clock p.m. and 7:00 o'clock a.m.
4. The owning,keeping, crharboring of any animal which shall,by any noise,
unreasonably and/or excessively disturbs the peace and quiet of
any person in the vicinity. The phrase "unreasonably and/or
excessively disturb the peace and quiet" shall include, but is not
limited to, the creation of any noise by an animal which can be
heard by any person, including an Animal Control Officer or
law enforcement officer,from a location off the dog or cat
owner's property where the animal is being kept, and which
noise occurs repeatedly over at least a five (5)minute period of
time with one (1) minute or less lapse oftime between each animal
noise during the five(5)minute period,This provision shall not apply
to dogs and cats which are regulated under Chapter 601 Section
601.13 A. (5).
5. The removal of commercial waste and refuse, emptying or
removal of dumpsters and drop boxes from any non-residential
zoned area within the city between the hours of 1000 o'clock
pm.and 600 o'clock am.
6. No person shall use or operate, or permit the use or operation of
any electronic sound system or audio equipment including but not
limited to any compact disc player, cassette tape player, a.m. FM
radio, citizen band radio, paging system, musical instrument,
phonograph, or any other device design for the production or
reproduction of sound in a distinctly loud and audible manner
as to unreasonably disturb the peace quiet and comfort of a
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I. Radio aerials strung or erected in any manner except that provided by law or
ordinance;
J. The piling, storing or keeping of old machinery, wrecked, junked, or
inoperative vehicles, and other junk or debris;
K. The use of property abutting on a public street or sidewalk, or any use of a
public street or sidewalk, which causes large crowds of people to gather
obstructing traffic and the free use of public streets or sidewalks;
L. All hanging signs,awnings,and other similar structures over public streets or
sidewalks or so situated as to endanger public safety, not constructed or
maintained as provided by law or ordinance, or without proper permit;
M. The allowing of rain, water, ice, or snow to fall from any building or any
public street or sidewalk or to flow across any public sidewalk;
N. All dangerous, unguarded machinery, equipment, or other property in any
public place, or so situated or operated on private property so as to attract
minor children;
0. Throwing,dropping,or releasing printed matter,paper,or any other material
or objects over and upon the City from an airplane,balloon or other aircraft
or in such a manner as to cause such materials to fall on land in the City;
P. Placing entrance culverts or doing any act which may alter or affect the
drainage of public streets or alleys or the surface or grade of public streets,
alleys, or sidewalks without proper permit;
Q. Making repairs to motor vehicles,or tires in public streets or alleys excepting
only emergency repairs when it will not unduly impede or interfere with
traffic;
R. Throwing, placing, depositing, or burning leaves, trash, clippings, weeds,
grass, or other materials in the streets, alleys or gutters;
S. Erecting, painting, or placing of unauthorized traffic signs or advertising
signs in streets, or alleys or on sidewalks;
T. All unnecessary interferences and disturbances of radios or TV sets caused by
defective electrical appliances and equipment or improper operation thereof;
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reasonable person or reasonable persons nearby.
a. It shall be presumed that a violation of this section has occurred
when any electronic sound system or audio equipment is
operated in a manner in which it is plainly audible, at a distance
of 50 feet or more from its source between the hours of 10:00
p.m. and 6:00 a.m. It shall be presumed that a violation of
this section has occurred when any electronic sound or audio
equipment is operated in a manner which is plainly audible
from its source at a distance of 100 feet or more between the
hours of 6:00 a.m. and 10:00 p.m.
b. When noise of violating this section is produced by an
electronic sound system or audio equipment that is located in
or on a vehicle, the driver the vehicle and the person who
owns or is in control of the vehicle is guilty of the violation.
c. This section shall not apply to sound produced by the following:
i. amplifying equipment used in connection with the with
activities which are authorized,sponsored or permitted
by the city, so long as the activity is conducted
pursuant to the conditions of the license, permit or
contract authorizing such activity;
ii. church bells,chimes,carillons, school bells, or emergency
civil the fires warning signals.
iii. antitheft devices
iv. machines or devises for the production of sound on or in
authorized emergency vehicles
7. No person shall scale,climb or otherwise circumvent any safety railing or
fencing located upon the St.Croix River Bridge structure,its abutments,
trails, ramps or appurtenances. It is a further violation to stand, sit or
place one's self upon the outer surface of any such railing or fencing so
as to position themselves at risk of falling or alarming the public that they
are at the risk of injury, death or attempted suicide.
G. All buildings and all alterations to buildings made or erected in violation of
fire ordinances and building codes concerning manner and materials and
construction;
H. Obstructions and excavations affecting the ordinary use of the public of
streets, alleys,sidewalks or public grounds,except under such conditions as
are provided by ordinance, and any other excavation left unprotected or
uncovered indefinitely or allowed to exist in such manner as to attract minor
children;
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U. Driving motorized scooters,bicycles,motorcycles,or any type of motorized
vehicle on any sidewalk, walkway or private property of others, and the
driving of said vehicles in a loud, noisy, or unsafe manner or in groups of
more than two (2)on any public street, alley, or roadway;
V. To operate any private parking lot without keeping the same reasonably free
from dust;
W. To operate any artificial lighting devices upon any residential,commercial or
industrial premises so as to cause a distraction to passing motorists or to
operate said artificial lighting devices upon any residential, commercial or
industrial premises without some effective device so as to protect adjacent
premises from being adversely affected thereby;
X. The maintenance of any tree or shrub,the roots of which are causing damage
to any public sewer,sidewalk,pavement,or other public property,or setting
out or planting any tree or bush in the public street or any portion thereof;
Y. All other conditions, acts, or things which are liable to cause injury to the
person or property of another;
Z. Any use of the public beach or public areas of Oak Park Heights after the
hour of 10:00 p.m.
1109.05 Enforcement.
It shall be the duty of the City Council by and through the Oak Park Heights Police
Department to enforce the provisions of this Ordinance and the City Council may by
resolution delegate to such other officers or agencies power to enforce particular
provisions of this Ordinance,including the power to inspect private premises and the
officers charged with enforcement of this Ordinance shall take all reasonable
precautions to prevent the commission and maintenance of public nuisances.
1109.06 Powers of Officers.
A. Whenever in the judgment of the officer charged with enforcement, it is
determined upon investigation that a public nuisance is being maintained or
exists within the City, such officer shall notify in writing the person
committing or maintaining such nuisance and require him to terminate and
abate said nuisance and to remove such conditions or remedy such defects.
Said written notice shall be served upon the person committing or
maintaining said nuisance in person or by registered mail. If the premises are
not occupied and the address of the owner is unknown,service on the owner
may be had by posting a copy of the notice on the premises. Said notice shall
require the owner or occupant of such premises, or both,to take reasonable
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steps within a reasonable time to abate and remove said nuisance,said steps
and time to be designated in said notice, but the maximum time for the
removal of said nuisance after service of said notice shall not in any event
exceed thirty (30) days. Service of notice may be proved by filing an
affidavit of service with the City Clerk setting forth the manner and time
thereof.
B. When an order so given is not complied with, such non-compliance shall be
reported forthwith to the City Council for such action as may be necessary
and deemed advisable in the name of the City to abate and enjoin the further
continuation of said nuisance.
1109.07 Abatement of Nuisance/Recovery of Costs.
A. Abatement by Enforcing Official/Recovery of Costs. If,at the end of the time
period allowed for correction of a nuisance violation,the violation still exists,
the enforcing official may cause the following enumerated violations to be
corrected by private or public means and pursuant to the provisions of
Minnesota Statutes, Section 429.101, as amended, the City may collect any
and all unpaid special charges derived from the costs of the abatement work
plus administrative fees as a special assessment. The conversion of unpaid
special charges into special assessments is allowed for the following nuisance
abatements:
(1) Snow, ice, or rubbish removal from sidewalks;
(2) Weed elimination from or streets or private property;
(3) Removal or elimination of public health or safety hazards from
private property, excluding any structure included under the
provisions of Minnesota Statutes,Sections 463.15 through 463.26,as
amended;
(4) Installation or repair of water service lines;
(5) Trimming and care of trees;
(6) Treatment and removal of insect infested or diseased trees on private
property, and the repair of sidewalks and alleys;
(7) Operation and maintenance of a fire protection system;
(8) Nonpayment of charges for inspections relating to a municipal
housing maintenance code violation; or
(9) Recover of delinquent vacant building registration fees under any
program designed or enacted by the City to identify and register
vacant buildings.
B. Emergency Abatement by Enforcing Official. The enforcing official may
cause any nuisance that is a present or immediate danger to public health or
safety to be corrected by public or private means without notice to the owner
and, for the nuisances enumerated in subparagraph(A),the city may collect
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any and all unpaid special charges derived from the cost of the nuisance
abatement work plus administrative fees as a special assessment.
C. Civil Action. The owner of the premises on which a nuisance has been abated
by the city shall be personally liable for the costs incurred by the city to abate
the nuisance, including administrative costs. As soon as the nuisance
abatement work has been completed and the costs determined,the city clerk
or other official designated by the city council shall prepare a bill for the costs
due and mail it to the owner. Such amount shall be immediately due and
payable at the office of the city clerk. If the bill remains unpaid,the city clerk
may commence a civil action to collect said bill, or undertake the process
described in subparagraph(A). If undertaken as a special assessment process,
the bill provided to the owner may take the form of mailed notice of the
special assessment under Minnesota Statutes, Chapter 429, as amended.
1109.08 Penalties.
Any person who shall cause or create a nuisance or permit any nuisance to be created
or placed upon,or to remain upon any premises owned or occupied by him,and any
person who shall fail to comply with any order made under the provisions of this
Ordinance, upon conviction thereof shall be guilty of a misdemeanor and shall be
punished by a fine of not more than Seven Hundred Dollars ($700.00) or by
imprisonment in the County Jail for not more than ninety(90)days, or both.
1109.09 Separability.
Every section,provision, or part of this Ordinance is declared separable from every
other section,provision or part; and if any section,provision or part thereof shall be
held invalid, it shall not affect any other section,provision or part.
1109.10 Conflicting Ordinance Repealed.
All ordinances and parts of ordinances that conflict herewith are hereby repealed.
Amended: Section 1109.07. Passed by the City Council 02/26/2013
Amended: Section 1109.04. Passed by the City Council 12/09/2014
Amended: Section 1109.04A. Passed by the City Council 01/12/2016
Amended: Section 1109.04F. to add 7. Passed by the City Council 06/26/2018
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1303
AN ORDINANCE REGULATING THE CONSTRUCTION AND MAINTENANCE OF PRIVATE
SWIMMING POOLS IN THE CITY OF OAK PARK HEIGHTS.
THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY,
MINNESOTA, DOES ORDAIN:
1303.01 Definition.
"Private Swimming Pool"shall mean any pool,tank,depression,or excavation in or
above ground,or other structure which shall cause retaining of water over a greater
depth than eighteen(18)inches and/or having a larger plane surface of water greater
than one hundred-fifty (150) square feet and which shall be designed or used for
swimming, wading, or immersion purposes by men, women, or children, used or
intended to be used solely by the owner,lessee,or tenant thereof and his family,and
by friends invited to use it without payment of any fee.
1303.02 Permit Required.
It shall be unlawful hereafter for any person,firm,or corporation to construct,alter,
or repair a private swimming pool within the City without first having secured a
permit therefor from the Building Inspector. An application for this permit shall be
made on such form as may be furnished by the City, and shall be accompanied by
complete plans and specifications for the pool, including the type and location
thereof with respect to the boundary lines of the land of the applicant. The applicant
shall pay fees as established by the City Council from time to time by resolution.
1303.03 Enclosed by Fence.
A. All swimming pools to be constructed, or which are already constructed,
shall be completely surrounded by a fence or wall not less than four(4) feet
in height, which shall be so constructed as not to have openings, holes or
gaps larger than four (4) inches in either vertical or horizontal direction,
except for doors and gates. The fence shall be of a type not readily climbed
by children. A dwelling house or accessory building may be used as part of
such enclosure. An above-ground pool with a wall greater than four(4)feet
in height does not require a fence if the wall cannot be readily climbed by
children.
B. All gates or doors opening through such enclosure shall be equipped with a
self-closing and a self-latching device for keeping the gate or door securely
closed at all times when not in actual use,and be provided with hardware for
permanent locking devices,except that the door of any dwelling which forms
a part of the enclosure need not be so equipped. Pool gates shall be locked
when the pool is not in use.
1303.04 Life-Saving &Emergency Equipment.
Life-saving equipment consisting of at least: (1)one ring buoy not more than fifteen
(15)inches in diameter,to which shall be attached a rope 3/16" in diameter and of a
length at least equal to the greatest dimension of the swimming pool,and(2)one life
pole,or shepherd's crook type of pole, at least ten(10)feet long and having blunted
ends,shall be provided. Emergency flood lighting shall be provided and electrically
connected to a different circuit than used by the pool. The emergency equipment
shall be used for emergency purposes only.
1303.05 Above-Ground Pools.
Above-ground pools shall be protected in such a way that access ways, other than
those afforded by the dwelling house or accessory buildings,shall be equipped with
self-closing and self-latching gates or doors so these gates or doors are kept securely
closed at all times when not in actual use.
1303.06 Pool Covers.
Pool covers, whether they can be locked or not, do not alone meet public safety
requirements if the cover is of the type that can collect and hold natural water.
1303.07 Polluted Water.
No body of water,whether it be a natural or an artificial body of water in the City,
which contains sewage, waste, or other contaminating or polluting ingredients
rendering the water hazardous to health, shall be used for swimming or bathing by
any person or persons.
1303.08 City Water Supply.
There will be no cross-connections of the City water supply with any other source of
water supply for the pool. The line from the City water supply to the pool shall be
protected against back flow of polluted water by means of either an air gap,vacuum
breaker, or other adequate device to prevent back siphonage.
1303.09 Shielding Lights.
Lights used to illuminate any swimming pool shall be so arranged and shaded as to
reflect light away from adjoining premises.
1303.10 Unnecessary Noise.
It shall be unlawful for any person to make, continue or cause to be made or
continued at any swimming pool or family pool any loud, unnecessary or unusual
noise or any noise which annoys,disturbs,injures,or endangers the comfort,repose,
health,peace, or safety of others. In the operation of a swimming pool, the use or
permitting the use or operation of any radio, receiving set, musical instrument,
phonograph,or other machine or device for the producing or reproducing of sound,
in such manner as to disturb the peace, quiet, and comfort of the neighboring
inhabitants, or at any time with louder volume than is necessary for convenient
hearing of the person or persons who are in the swimming pool premises, shall be
unlawful.
1303.11 Outdoor Pool Enclosures.
Outdoor pool enclosures, permanent or inflated, should not exceed eighteen (18)
vertical feet above the pool deck and should be of a neutral color designed to blend
with existing surroundings. The enclosure requires a special use permit and it must
conform to the Uniform Fire Code.
1303.12 Setback Requirements.
Pools for which a permit is required shall not be located within ten(10) feet of any
side or rear lot line nor within six(6)feet of any principal structure or frost footing.
Pools shall not be located within any required front yard. (Note: specific
recommendations on pool construction and dimensional relationships available from
the American Public Health Association, 1740 Broadway, New York City, New
York, 10019. Title "Suggested Ordinance and Regulations Covering Private
Residential Swimming Pools").
1303.13 Lighting,Ventilation and Electrical Requirements.
A. Where underwater lighting is used, such lights shall be spaced to provide
illumination so that all portions of the pool and pool bottom may be readily
seen without glare.
B. All electrical wiring shall conform with the National Electrical Code as
administered by the Minnesota State Board of Electricity and shall be
approved by the National Underwriters Laboratory and the Minnesota State
Board of Electricity.
C. Each underwater light shall be individually grounded by means of a screwed
or bolted connection to the metal junction boxes,which the branch circuit to
the individual light precedes. Such junction boxes shall not be located in the
pool deck.
1303.14 Overhead Wiring Clearances.
Service drop conductors and any other open overhead wiring shall not be installed
above the swimming pool or surrounding area extending ten(10) feet horizontally
from the pool edge, or diving structure, observation stands,towers, or platforms.
1303.15 Chemical Storage.
A. The storage of chemicals should meet the requirements of the International
Fire Code.
B. Recognizing the fact that pool owners intend to maintain a pool that will not
endanger the health or safety of their neighbors and family,Sections 1303.16
- 1303.18 provide guidelines for the operation of a private swimming pool.
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1303.16 Bacteriological Quality.
A sample of swimming pool water shall be considered satisfactory when the total
bacterial count at 35 degrees centigrade does not exceed 200 colonies per milliliter
and no organisms of the E. Coli group are present in a ten(10)milliliter portion or
one hundred(100)milliliter portion as determined by the membrane filter method. If
more than one sample out of seven collected on different dates is unsatisfactory,
procedures and interpretations relating to bacteriological quality shall be done in
accordance with the Standard Methods for the examination of Water, Sewage and
Industrial Wastes, as prescribed within it current edition.
1303.17 Pool Filters.
Every pool shall be equipped with a recirculating system capable of filtering the
entire contents of the pool in twelve(12)hours or less.
A. Filters shall be capable of maintaining the clarity of the water to permit the
ready identification, through an eight(8) foot depth of water, of a disc two
(2) inches in diameter which is divided into four (4) quadrants in alternate
colors of red and white.
B. Filter capacity shall be such that it need not be cleaned more frequently than
once every four(4)days under proper conditions of water and operation.
C. All pressure filters shall be equipped with influent and effluent pressure
gauges to determine the pressure differential and frequency of cleaning. All
other filters shall be equipped with at least one pressure vacuum or
compound gauge,as applicable,which shall be positioned in such a way as to
determine the differential across the filter and the need of cleaning.
D. All pressure filter systems shall be equipped with air release at the high point
in the system.
E. Operating instructions shall be posted on every filter system. All valves shall
be properly designated, indicating their purpose.
F. When dissimilar metals are used in the construction of the filter,which may
set up galvanic currents, then suitable provision shall be made to resist
electrolytic corrosion.
G. Filters shall be so designed and installed that they can be readily
disassembled and the filter elements removed.
1303.18 Disinfection and Chemical Conditioning.
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A. Provision shall be made for the introduction into the swimming pool water of
accurate and controlled applications of a disinfectant in sufficient quantities
to attain and maintain efficient bactericidal action while the pool is in use.
B. Suitable methods shall be available to maintain a PH of the pool water
between 7.2 and 8.2 and to maintain an alkalinity of not less than 50 ppm.
C. The devices used to apply chlorine, or its equivalent, as a disinfectant shall
be of such capacity as to maintain in all areas of the swimming pool, at all
times, at least 0.5 ppm of free available residual chlorine or a residual level
of another approved disinfectant which shall be of at least a proven
equivalent disinfecting strength as 0.5 ppm of free available residual
chlorine.
1303.19 Prior Constructions.
The owner of any land upon which a private swimming pool has been constructed
prior to the effective date of this Ordinance shall, within sixty(60) days after said
effective date,comply with the requirements of this ordinance and,thereafter,it shall
be unlawful to maintain any swimming pool which does not meet the requirements of
this ordinance.
1303.20 Modifications.
A. The Building Official for the City of Oak Park Heights may make
modifications in individual cases,upon showing of good cause,with respect
to the height,nature, or location of the fence or wall,gates or latches, or the
necessity therefore,provided the degree of protection is not reduced thereby.
B. The Building Official for the City of Oak Park Heights may permit other
protective devices or structures to be used so long as the degree of protection
afforded by the substitute devices or structures is not less than the protection
afforded by the fence, gate and latch described herein.
C. Upon the application of a property owner, the Building Official may grant
extension of time for compliance, in individual cases, upon the showing of
good cause;such extension of time shall not exceed thirty(30)days at a time.
1303.21 Penalties.
Any individual person, firm, co-partnership, association, or corporation who shall
violate any provision or requirement of this ordinance,shall upon conviction thereof,
be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by
imprisonment not exceeding ninety(90)days, or both.
1303.22 Revocation of Permit.
5
A. The Building Official may revoke any permit for failure to comply with the
regulations of this Ordinance.
B. Before a permit is revoked, the pool owner shall have notice in writing,
listing and describing the instances of failure to comply with this Ordinance.
C. The permit shall be reissued upon proper application and upon presentation
of evidence that the deficiencies causing revocation have been corrected.
6
Excerpt from 2020 Minnesota State Residential Code
> Section R312 Guards and Window Fall Protection
Specifically-Guard Section R312.1 through R312.1.4
SECTION R312
GUARDS AND WINDOW FALL PROTECTION
R312.1 Guards. Guards shall be provided in accordance with Section R312.1.1 through R312.1.4.
R312.1.1 Where required. Guards shall be located along the open sides of floors, stairs, ramps,
and landings that are located more than 30 inches (762 mm) measured vertically to the floor or
grade below. Insect screening shall not be considered a guard.
R312.1.2 Height. Required guards at open-sided walking surfaces, including stairs, porches,
balconies or landings, shall be not less than 36 inches (914 mm) in height as measured vertically
above the adjacent walking surface or the lines connecting the nosings.
Exceptions:
1. Guards on the open sides of stairs shall have a height of not less than 34 inches (864
mm) measured vertically from a line connecting the nosings.
2. Where the top of the guard serves as a handrail on the open sides of stairs,the top
of the guard shall be not less than 34 inches (864 mm) and not more than 38 inches
(965 mm) as measured vertically from a line connecting the nosings.
R312.1.3 Opening Limitations. Required guards shall not have openings from the walking
surface to the required guard height that allow passage of a sphere 4 inches(102 mm) in
diameter.
Exceptions:
1. The triangular openings at the open side of stair,formed by the riser,tread and
bottom rail of a guard shall not allow passage of a sphere 6 inches(153 mm) in
diameter.
2. Guards on the open side of stairs shall not have openings that allow passage of a
sphere 4-3/8 inches (111 mm) in diameter.
R312.1.4 Exterior plastic composite guards. Plastic composite guards shall comply with the
requirements of Section R317.4.
**Referenced Sections and Full Code can be viewed on MN DLI Website
h ttps://www.dli.mn.qov/business/codes-and-la ws/2020-minnesota-state-building-codes
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