ORDINANCE 748ORDINANCE No. 5-72-748
ORDINANCE OF THE 'CITY OF SOUTH MIAMI, FLORIDA
INCORPORATING INTO SEC. 8-4-2 OF ORDINANCE
20-71-724 THE PROVISIONS OF SEC.17A-7 AND 17A-8
OF THE CODE OF ORDINANCES, CITY OF SOUTH MIAMI
PERTAINING TO SETBACKS FOR POOLS AND SCREENED
ENCLOSURES THEREOF; AND REQUIREMENTS OF POOL
ENCLOSURES; REPEALING CHAPTER 17A, CODE OF
ORDINANCES; EXPRESSING INTENT OF SEPARABILITY;
PROVIDING PENALTIES OF VIOLATIONS; EXPRESSING
INTENT THAT SAME NOT BE INCLUDED 'IN THE CODE
OF ORDINANCES; AND PROVIDING EFFECTIVE DATE.
WHEREAS, Sections 17 A and 17 A-8 Code of Ordinances,
City of South Miami., Florida contains provisions pertaining to
setbacks for swimming pools and screen enclosures thereof and
requirements of pool enclosures which should be transferred to
and incorporated into Ordinance 20-71-724; and
WHEREAS, the remainin3 provisions of Chapter 17 A are
unnecessary because of the provisions of the South Florida
Building Code;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the provisions of Sections 17A-7 and
17A-8 of the Code of Ordinances are hereby transferred to and
incorporated into Ordinance 20-71-724 by amending Section 8-4-2
thereof, to read as follows:
"8-4-2 swimming pools
-01 Swimming pools, open and nnenclosed, or covered
by a screen enclosure or a screen enclosure not
covering a switwing pool, may Occupy a required
rear or side yard provided..
(a) The total ground coverage of the house and ,poa1
shall, not euceed 40,,,/ of lot or lot areas.,
R nit". j front getback sh&l.l be In the gear of
the front buildsi g 11re...
(c) Minimum side setback shall be 15 feet each
side from lot line.
(d) Minimum rear setback shall be 15 feet from rear lot
line,_
(e) A walk space at least 1811 wide ;shall be provided
between pool walls and fences or screen enclosure
walls
(f)All setbacks shall be measured from the outside
wall of the swimming pool nearest the property
line in question.
(g) If a swimming pool is enclosed, the screen enclosure
shall observe rear and side setbacks of 12 feet.
.02 Pool enclosures; requirements for protective fence or wall.
(a) Height of Protective wall or fence. --Unless the
pool is entirely screened in, it must be surrounded
by a protective wall or fence four feet in height.
(b) Structures not considered pools For' the purpose
of definition, a pool type structure less than
eighteen inches in depth and less than two hundred
and fifty square feet in water surface area shall
not, for the purpose of this ordinance(chapter) be
considered a pool.
(c) Approved type enclosures:
1. Chain link wire fencing shall be at least eleven
gauge galvanized wire with a maximum distance
between wires of two inches.
2. Any enclosure; other than the standard chain
link type, shall be shown in complete detail on
plans submitted for building permit. such detail
is to include spacing between the vertical and
horizontal wires, spacing and slope of louvres,
spacing of posts and such other details as may
be required by the Building Department.
(d) Pence and Wall Gates_ and %_atcheg_.__ pent and walk:
gates must be of the type which close automatically,
by spring hinges, and vus-t be provided with a positive
stop at the Closed position. The direction for wifig
for such gates shall be away from the pool during
the process of drdning the gate.
peface and wall gate, shall also provided with
an 1utd-atle latch lot!ated in such position that
from the outsi& of the enclosure it. is iftaccessibla
to thi:ldten of pra_schtol age if a € uard plate is
K@C@§§AtV to eAd t&@ latdli i ac ssible; it Wilt
1-56 pfovi dLed.
aa'
The above type latch shall be approved by the
building department prior to installation. In
the event standard automatic latches are to be
used repetitiously, as would be the case with
fence contractors, a model of the approved latching
device shall be left with the building department.
In addition to the above specifications, all gates
or batches shall be constructed in such a manner
to facilitate the use of a padlock. The padlock
must be in place before final inspection or approval
will be given for the pool enclosure.
(e) Screened enclosures; approval. Screened enclosures
shall be of a type approved by the South Miami Building
Department.
(f) Doors of screened enclosures. Doors of screened
enclosures shall be of the type which close automatically
by hydraulic door closers, or approval equal, and lock
automatically. Door knobs for such enclosures shall
be located not less than five feet six inches above'
the door sill..
(g) Automatic closing and locking devices of screened
doors, fence or wall gates. The automatic closing
and locking devices of screened doors and fence or
wall gates: shall be properly adjusted and gates and
door shall ,freely swing shut and lock from any position.
(h) Double fence gates for automobile entrance. Any fence
containing double gates for automobile entrance or
containing any ,other size gates which are not properly
equipped to conform to the requirements of this
ordinance (chapter) shall not be coiisi.dered adequate,
and separate enclosure for the pool shall be provided.
() Portable pools. Portable pools with a height of four:
feet above existing grade and, having non -climbable walls
need not, be completely enclosed. however, any steps or
ladders leading up to such pool shall be properly
unclosed with fence and gates conforming to these
requirements.
� ) Aa6d wirg. In no event shall any 'barbed wire be
used in any pool enclosure.
Section _2. That Chapter 17A entitled 0 irni.ng pdol§w
'odd of drditanc@g be end is hereby rdpealtd.
+ If any g-detion, ftd" ftd@' shag@0 rh1fase' dt
Wf:J' rd of C`aQQig ordi YYam" is fd afty Ot GSYJV4Y held or d"- �&'17R. j Ld Y'
unconstitutional, inoperative or void, such holding or
invalidity shall not affect the 'remaining portions of this
ordinance; and it shall be construed to have been the intent
of the Council of the City of South Miami to pass this.
ordinance without such unconstitutional, invalid, ,or inoperative
part therein; and the remainder of this ordinance, after the
exclusion of such part or parts shall be deemed and held to
be valid as if such parts had :not been included therein.
Section 4. That any person, persons, firm, partnership
or corporation violating any of the provisions hereof shall,
upon conviction, be punished by a fine not to exceed $500.00
or by imprisonment not to exceed ,six months, or by both such
fine and imprisonment in the discretion of the Municipal Judge.
Each day a violation is permitted to exist shall constitute a
separate :offense.
Section 5. The portion of this ordinance repealing
Chapter 17 A, Code of Ordinances, shall be included in the
Code of Ordinances; the balance hereof shall not be included
in the Code of Ordinances.
1972
Section 6. This ordinance shall take effect February 1
PASSED and ADOPTED this Lday of February 1972.
Att@st:
ctt
,MLjw