Rules surrounding the issue of private pool safety will be reviewed by the Moorhead City Council at the request of Ward 3 members Larry Seljevold and Deb White.
The topic came up as new business at Monday’s council meeting. White told fellow council members that, at the request of a resident of their ward in the south and southwestern area of the city, along with recommendations by Safe Kids Fargo-Moorhead, the two have requested review of the standards for fencing privately owned pools, including in-ground and above-ground pools and hot tubs. She said the city currently has the most lenient rules in the metro area.
Moorhead currently exempts the need for fences around above-ground pools with retractable ladders or hard surface covers – measures taken when the pool is not in use. Otherwise, the law mandates fencing around all ground-level pools of more than 5,000 gallons and 24 inches in depth. The same applies to above-ground structures without removable ladders or hard surface covers. The fences must be at least 5 feet tall. None is required for hot tubs.
Fargo requires fences of at least 4 feet for both in- and above-ground pools two feet or more deep. The city extends the same law to hot tubs of similar depth. West Fargo’s rule matches Fargo’s, except for an exception for hot tubs that have removable covers. Dilworth, too, requires protective fencing for in- and above-ground pools, except for boosting its fence requirement to 6 feet. As in West Fargo, the law does not apply to hot tubs.
“Ours is the most lenient ordinance in the region,” White pointed out. “All child-safety organizations agree that fences are the best way to prevent drowning. And drowning is the number-one cause of death for children ages 1 through 4.”
City attorney John Shockley noted that the issue of pool safety measures has come before the council “every five years or so.” Seljevold asked whether current pool owners who meet present regulations would or could be grandfathered in if the city ordinance is strengthened. The attorney answered, “The law can be whatever you want it to be.”
The eight council members voted unanimously to refer the issue to city staff to draw up a revised ordinance, to be discussed at an upcoming meeting.