Committee forwards redlined pool‑barrier ordinance changes, clarifies open‑burning enforcement

The McHenry County Board of Health Regulation Ordinance Committee voted unanimously to forward redlined changes to the county public‑health ordinance that would shift responsibility for privately owned swimming pool barriers inside municipal limits to the municipalities and leave the health department overseeing existing variances on a five‑year review cycle.

Patty, a McHenry County health department staff member, told the committee the pool‑barrier requirement dates to the early 1990s and was originally adopted after a child died. She said the ordinance established minimum standards — including minimum fence heights, anti‑climb dimensions and self‑closing gates with latches at a specified height — and specifically excluded use of pool covers in lieu of physical barriers. "So that's essentially what we're proposing is that the municipal pools, any privately owned pool within a municipality would be strictly within the purview of that municipality," Patty said during the committee's June meeting.

The health department said roughly half the county's municipalities now allow pool covers under the International Building Code, which permits certain certified covers to be used instead of barriers. County staff proposed resolving the conflict by transferring permitting and enforcement for pools located inside municipal limits to those municipalities. Staff said that change would affect about 23 pools currently monitored by the health department and that the department would continue to monitor pools that had been granted variances under the 1990s rules on a five‑year review cycle.

County staff provided a short history and counts: the department began with more than 300 pools on its roster, the number is now about 109 countywide, and only about eight pools remain that meet the "50% of current specifications" category referenced in the original variances. Staff described two other variance categories used historically: a majority of the remaining variances used a 200‑foot separation as a safety factor, and a third category used a 500‑foot separation. The committee heard that, if adopted, municipalities would assume follow‑up responsibility for pools within their limits that do not meet current standards.

Adam Wallen, identified during the discussion as director of planning and development, was described by staff as supporting the transfer and prepared to accept responsibility for noncompliant unincorporated pools that come under county planning and development standards.

Committee members also asked a procedural question about enforcement for open burning violations, and county staff explained that the health department issues notices of violation and that fines are imposed through ordinance violation court proceedings if a person is found guilty or pleads guilty. "We actually issue the violation notice. We don't issue fines. Any fines that are levied are actually done through the ordinance violation to court," a staff member said.

A committee member moved to forward the redlined changes to the full Board of Health for approval; another member seconded. The committee approved the referral by voice vote; the clerk recorded nine ayes and the motion passed.

The committee did not call for an executive session and adjourned at 6:43 p.m.