(A) To provide for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor and each and all of the regulations, provisions, penalties, conditions and terms of said 2018 edition of the International Property Maintenance Code, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the city a copy of which is on file in the office of the City Clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions and changes in division (B) below:
(B) The following sections are hereby revised:
(1) Section 101.1: “City of Humboldt, Nebraska;”
(2) Section 103.5: “Building permit fee schedule as set forth by resolution;”
(3) Section 112.4: “$100, $500;”
(4) Section 302.4: “Twelve inches;”
(5) Section 304.14: “May 1, November 1;”
(6) Section 602.3: “September 1, May 1;”
(7) Section 602.4: “September 1, May 1;” and
(8) Section 303.2, “Enclosures”, is amended to read as follows:
303.2 Enclosures. Private swimming pools, hot tubs and spas, containing water more than 24 inches in depth shall be completely surrounded by a fence or barrier not less than 54 inches in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than 54 inches above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches from the gatepost. An existing pool enclosure shall not be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.
Exceptions: Inground pools with a safety cover that complies with ASTM F1346 shall be exempt from the provisions of Section 303.2.
Portable above-ground swimming pools, hot tubs, and spas are not subject to the requirements of 303.2, but limited access ladders or steps providing entry must be removed to render the pool, hot tub, or spa inaccessible when not in use. In the event that a permanent ladder, steps, facade, or deck is erected adjacent to or surrounding an otherwise portable pool, hot tub, or spa, said pool, hot tub, or spa will be subject to the requirements of Section 303.2.
If a pool, hot tub, or spa subject to the requirements of Section 303.2 is constructed wholly or partially above ground level, that part of the pool which is out of the ground may be included as part of the pool enclosure height requirement; provided, that the ground is level or slopes away from the pool for at least three feet from the pool wall. On above-ground pools where the pool wall constitutes all or part of the pool enclosure, the entrance into the pool must either be enclosed in a fence with a gate, both of which meet the requirements of Section 303.2, or the entrance to the pool must be by use of a limited access ladder which has provisions for making entry to the pool inaccessible when the pool is not in use.
(Ord. 651, passed 1-5-2021; Ord. 667, passed 6-5-2023)