Page 10 THE VILLADOM TIMES I • November 24, 2010 Franklin Lakes Council may require fencing for swimming pools by Frank J. McMahon The Franklin Lakes Borough Council is considering the introduction of an ordinance that would require all new and existing swimming pools in the borough to be fenced. The proposal, which is still in the planning and drafting stages, was recommended by Kevin Burnette, the borough’s construction code official and zoning officer. He advised the council last summer that there are many pools in the borough that do not have the proper fencing to provide the necessary safety protection, especially for young children. “Existing pools without fencing pose a serious concern,” Burnette wrote to the council, “as they are highly dangerous for young children and could pose as a liability for the borough.” The council plans to publicize the potential ordinance during December so residents who currently own swimming pools would have a chance to make suggestions or voice opinions before the ordinance is introduced in January. Burnette suggested that the easiest way to begin the process of having pools protected would be to require the appropriate fencing before a house is sold, or when an application for a building permit is filed or plans are brought before the planning board, or an application for a continuing certificate of occupancy is filed. If these four situations do not apply to a specific property, the owner of that property would have a period of time after the ordinance is adopted to construct a protective barrier, such as a fence, around its pool. According to Burnette’s recommendation, all private swimming pools, whether 24 inches below the land surrounding the pool or 30 inches above the ground, would have to be completely surrounded by a fence or barrier. Owners of above-ground pools would be required to remove access ladders when the pools are not in use. Fences surrounding pools would have to be made out of a durable material and able to withstand a horizontal, concentrated load of 200 pounds per square foot. The fence must also be a minimum of four feet high and a maximum of five feet high. For chain link fences, the maximum mesh size would be one and one quarter inch, and, for picket fences, the diameter of each panel could not exceed four inches. No spikes or other hazardous appendages could be on top of the fence and fences must be less than two inches from the ground and have no holes larger than two inches, aside from the gate. The fence must also be able to prohibit entrance for any person or persons under or through the fence and must have one or more gates. Gates must be made from the same material as the fence, must be the same height as the fence, and must be self closing and self latching. Burnette’s recommendation requires that all gates should be securely locked when the pool is not in use, and all pools must be in compliance with the ordinance before any renovation or addition plans for the property are approved and before the issuance of any building permits or continuing certificates of occupancy, and before the sale of the home. Burnette said several surrounding municipalities already have pool protection ordinances in their codes; they include Ridgewood, Midland Park, Oakland, and Wyckoff. Smoking ban (continued from page 9) body that Medco has refused to make any accommodation for their employees who want to smoke, although he said it has “reluctantly” placed a no littering sign near the entrance to its property on Old Mill Road. Jennifer Leone Luddy, senior manager for public affairs at Medco, confirmed that her company has a smoke-free campus, which she said means smoking is prohibited anywhere on company property. She pointed out that the Centers for Disease Control and Prevention urges businesses to become smoke-free and lists numerous positive benefits for the company and its employees. “For these reasons, Medco, as well as other businesses in this area, maintain a smoke-free campus,” Luddy said. “Employees who wish to smoke need to do so off-site, but Medco is committed to being a good corporate neighbor and communicates to employees the importance of properly disposing of all debris, cigarette butts or otherwise. We will continue to emphasize this message with our employees and are confident these measures will help rectify any issues or concerns.” Complaints for violating the proposed borough ordinance could be filed by any law enforcement officer and the penalties for those violations would include a fine of $100 and/or educational projects designated by the court for the first offense, and a fine of $300 and/or a period of community service and/or educational programs designated by the court for the second and subsequent offenses. 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