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Trustees direct rewrite of pool-fence language, add enforcement and cover rule
Summary
After reviewing Section 6.21(E), Morgan Township trustees asked staff to clarify pool-fence language, specify that above-ground walls over 48 inches negate fence requirement, state that walkable covers are not an acceptable substitute, and require fences before pools are filled; fines were discussed.
Morgan Township trustees asked Zoning Administrator Dale Marshall to rewrite the township swimming-pool regulation (section 6.21(E)) to clarify fence requirements, define when an above-ground wall satisfies the barrier rule, and explicitly state that automatic walkable covers do not substitute for a fence.
The board reviewed current language in 6.21(E): "any swimming pool or that portion of the property on which it is located shall be so walled or fenced by approved materials ... a minimum of 4 feet" to prevent uncontrolled access. Trustees and staff agreed the paragraph is ambiguous about when an above-ground pool wall can serve as the required barrier. The board settled on three clarifications for the draft revision: (1) pools with walls 48 inches (4 feet) or less above grade must be surrounded by a 48-inch fence; (2) an above-ground pool wall that is more than 48 inches above grade may satisfy the barrier requirement and therefore not require an additional fence; and (3) automatic walkable pool covers "do not constitute a fence and are not acceptable in lieu of a fence."
Trustees also asked that the revision require that a barrier be installed before a pool is filled with water. The board discussed enforcement language and suggested adding a per-day fine for noncompliance; they referenced a statutory misdemeanor fine and discussed a daily enforcement amount of $500 per day as an example. Dale Marshall said he would add the clarified language and a requirement that the barrier be installed prior to filling, and he will present the revised ordinance language at the next meeting.
Trustees said they would coordinate any revised language with Butler County practice for clarity: Marshall reported that Butler County typically enforces electrical permits for pools but leaves barrier enforcement to the local authority having jurisdiction. Board members emphasized they want the local rule to reduce the risk of child drowning and to make enforcement clear for permit applicants.
No formal ordinance change was adopted at the meeting; the board directed staff to draft clearer language and return it for formal consideration at the June meeting.
