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543 N 20th Ave-pool 2007 CITY OF BLi\IQ September 18, 2007 Sheri Hruby 543 N. 20th Avenue Blair, NE 68008 RE: BC Dexters 2nd Addition, Lot 1, Block 14 543 N. 20th Avenue Dear Ms. Hruby, You received a letter dated August 21, 2007 regarding an unfenced pool on your property. You were given until September 7, 2007 to either remove the pool or apply for a building permit to install a fence around the pool. On September 17,2007, your property was re-inspected and it appears you deflated the pool pursuant to the request from the City. We appreciate your efforts to comply with the City Code; however, the pool is a still a potential danger if it were to be reinflated. Therefore, if you wish to keep the pool in place, you will need to make arrangements to have the appropriate fence installed or sign and return the attached agreement indicating you will deflate the pool whenever it is not being supervised (Please note the agreement must be notarized. Notaries are available at city hall). If you plan to construct a fence, a building permit is required and may be obtained at Blair City Hall, 218 South 16th Street, Monday through Friday, 8:00 a.m. to 4:30 p.m. Otherwise, please remove and store the pool in a safe place. Please notify city hall of your intentions by Monday, October 1, 2007. If you have any questions, feel free to contact either Brenda Wheeler or myself at (402) 426-4191. Thank you for your prompt attention to this matter. Sincerely,) I ..f} "rM~ Phil Green Assistant City Administrator cc: GeoffHall, City Attorney Brenda Wheeler, City Clerk (5)- EOUALHOUS(l,IQ 218 South 16th Street. Blair, Nebraska 68008 . 402-426-4191 . Fax 402-426-4195 . E-mail cifyofblair@cLblair,ne,us "''''''''' CITY OF BLi\IQ August 21, 2007 Sheri Hruby 543 N. 20th Avenue Blair, NE 68008 RE: BC Dexters 2nd Addition Lot 1, Block 14 543 N. 20th Avenue Dear Ms. Hruby, It has come to the city's attention that you have an above-ground swimming pool on your property located at 543 N. 20th Avenue that does not have the appropriate barrier surrounding it. According to the 2006 International Building Code adopted by the City of Blair, any swimming pool that can hold over 24 inches of water must have a four foot barrier (fence or wall) surrounding the pool. The sole reason for the barrier is for safety by controlling access to the swimming pool. Enclosed is a copy of the code with the relevant sections highlighted. Please make arrangements to have the appropriate fence installed or the pool removed no later than Friday, September 7, 2007. A follow up inspection will be completed on or about this date to ensure the fence has been constructed or the pool removed. Also, a building permit to install a fence is required and may be obtained at Blair City Hall, 218 South 16th Street, Monday through Friday, 8:00 a.m. to 4:30 p.m. If you have any questions, feel free to contact either Brenda Wheeler or myself at (402) 426-4191. Thank you for your prompt attention to this matter. Sffi7JtJ ~ Phil Green Assistant City Administrator cc: GeoffHall, City Attorney Brenda Wheeler, City Clerk 6- 218 South 16th Street. Blair, Nebraska 68008 . 402-426-4191 . Fax 402-426-4195 . E-mail cifyofblair@ci.biair,ne,us APPENDIX G SWIMMING POOLS, SPAS AND HOT TUBS SECTION AG101 GENERAL AGI01.1 General. The provisions of this appendix shall con- trol the design and construction of swimming pools, spas and hottubsinsta1ledin or on the lot of a one- and two-family dwell- ing. SECTION AG102 DEFINITIONS AG102.1 General. For the purposes of these requirements, the. terms used shall be defined as follows and as set forth in Chap- ter2. ABOVE-GROUND/ON-GROUND POOL. See "Swim- ming pool." . BARRIER. Afence, wall, building wall or combination there- of which completely surrounds the swimming pool and ob- structs access to the swimming.pool. HOT TUB. See "Swimming pool." IN-GROUND POOL. See "Swimming pool." RESIDENTIAL. That which is situated on the premises of a detached one- or two..family dwelling or a one-family town- house not more than three stories in height. SPA. N?NPOR'D\.BLE. See "Swimming pool." SPA. PORTABLE. A nonpermanent structure intended for recreational bathing, in which all controls, water-heating and water--circulating equipment are an integral part of the product. SWIMMING POOL. Any structure intended for swirmning or recreational bathing that contains water over 24 inches (610 nun) deep. This includes in-ground, aboveground and on- ground swimming pools, hot tubs and spas. SWIMMING POOL, INDOOR. A swimming pool which is totally contained within a structure and surrounded on all four sides by walls of said structure. SWIMMING POOL, OUTDOOR. Any swimming pool which is not an indoor pool. SECTION AG103 SWIMMING POOLS AGI03.1 In-ground pools. In-ground pools shall be designed and constructed in conformance with ANSI/NSPI -5 as listed in Section AG107. 2003 ItrrERNATIONAL RESIDENTIAL CODE@ AG103.2 Above-ground and on-ground pools. Above- ground and on-ground pools shall be designed and constructed in conformance with ANSI/NSPI -4 aslistedin SectionAG1 07. SECTION AG104 SPAS AND HOT TUBS AG104.1 Permanently installed spas and hot tubs. Perma- .nently installed spas and hot tubs shall be designed and constructed in conformance with ANSI/NSPI-3 as listed in Section AG107. AGi04~2 Portable spas and hot tubs. Portable spas and hot tubs shall be designed and constructed in conformance with ANSI/NSPI-6 as listed in Section AG107. ;t:' SECTIONAG105 BARRIER REQUIREMENTS AG1 5.1 Application. The provisions of this chapter shall control the design of barriers for residential swimming pools, spas and hot tubs. These design controls are intended to provide protection against potential drownings and near-drownings by restricting access to swimming pools, spas and hot tubs. AG105.2 Outdoor swimming pool. An outdoor swimming pool, including an in -ground, aboveground or on-ground pool, hot tub or spa shall be provided with a barrier which shall com- ply with the following: . 1. The top of the barrier shall be at least 48 inches (1219 nun) above grade measured on the side of the barrier which faces away from the swimming pool. The maxi- mum vertical clearance between grade and the bottom of the barrier shall be 2 inches (51 mm) measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade, such as an aboveground pool, the barrier may be at ground level, such as the pool structure, or mounted on top of the pool structure. Where the barrieris mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches (102 mm). 2. Openings in the barrier shall not allow passage of a 4-inch-diameter (102 mm) sphere~ 3. Solid barriers which do not have openings, such as a ma- sonry or stone wall, shall not contain indentations or pro:- trusions except for normal construction tolerances and tooled masonry joints. 4. . Where the barrier is composed of horizontal and vertical members and the distance between the tops of the hori- zon-tal members is less than 45 inches (1143 mm), the horizon-tal members shall be located on the swimming 567 AGREEMENT LEGAL DESCRIPTION: Lot 1, Block 14, Dexter's 2nd Addition to the City of Blair, Washington County, Nebraska. ADDRESS: 543 N. 20th Avenue This agreement is entered into on , 2007 by and between Sheri Hruby, hereinafter referred to as "Hrubys" and the City of Blair, Nebraska, hereinafter referred to as "City". Whereas, Hrubys desire to continue to maintain an above ground swimming pool on their property without any type of fence barrier, and Whereas, the 2006 International Building Code states that where an above ground pool structure is four foot or higher and used as a barrier or where the barrier is mounted on top of the pool structure and the means of access is a ladder or steps, then the ladder or steps shall be capable of being secured, locked or removed to prevent access, and Whereas, it is the desire of the Hrubys to deflat the pool whenever it is not being supervised to prevent access to the pool when not in use. Whereas, should the Hrubys sell the above property with the pool covered under this agreement, it will be the responsibility of the Hrubys to fully disclose the contents of this agreement to any perspective buyer(s) and/or owner(s). This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. CITY OF BLAIR, NEBRASKA By Phil Green, Assistant City Administrator Sheri Hruby STATE OF NEBRASKA ) ) :ss: COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me on Green, Assistant City Administrator or Brenda Wheeler, City Clerk. , 2007 by Phil Notary Public STATE OF NEBRASKA ) ) :ss: COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me on by Sheri Hruby, husband and wife. ,2007 Notary Public CID CURRENTOWN Dissolve _Shape FID LEGAL MAIL1 MAIL2 MAIL3 , OBJECTlD OBJECTlD _1 PARCEL PID PRIMAR YSIT Problems Shape_Area Shape_Leng SITUS ZIPCODE Tuesday, Aug 21, 2007 01:15 PM ~ENTLEY) JASON T & fYlICHELLE M ,/.\ I r LA- ~\f Polygon .t\\I 1298 Be DEXTERS 2ND ADD LOTTBLK 14114 PC 1 543 N 20TH AVE BLAIR) NE 9902 9978 890051674 890051674 543 \N 20TH AVE BLA 11877 . 934946 437.953075 543 \I\J 20TH AVE BLA 68008-0000 '~ u - -----// --- /,. , n.......' -- - -- . 1:1I . - .f. , , ..:J r I If' ~ - " - "