Page 8 THE VILLADOM TIMES I • March 2, 2011 Franklin Lakes Public weighs in on pool fence ordinance by Frank J. McMahon The Franklin Lakes Council is contemplating the introduction of an ordinance that would require that all existing swimming pools comply with the fence requirements in the New Jersey Uniform Construction Code. Currently, pools, spas, and hot tubs that were installed prior to the effective date of the Uniform Construction Code provisions on Jan. 1, 1977 do not have to meet the requirements for fences as set forth in the code. Those who support the ordinance believe that requiring fences around these older swimming pools that currently have unobstructed access would protect young children and others. The borough’s governing body asked residents who may be affected by this ordinance for their input. Several citizens who are opposed to the proposal voiced their opinions at a recent public meeting. At that meeting, Councilman William Smith questioned if the borough is bound by that statute or could impose the fence requirement on all pools regardless of when they were built. Borough Attorney Richard Lustgarten agreed to investigate that issue. One resident questioned what triggered the proposed ordinance. Lustgarten advised that Kevin Burnette, the borough’s construction official, recommended it and the council thought it was worthy of consideration. Lustgarten also pointed out that several towns in Bergen County already have such an ordinance. Mayor Frank Bivona explained that the proposed fencing would have to be four feet high with vertical posts so it cannot be stepped on, but it could be around the pool or the entire property. Trees and shrubs do not count as fencing, according to Bivona. He pointed out that the proposed fence ordinance would not apply to ponds or hot tubs, but that a safety cover would be required on hot tubs. Bivona also explained that the council is considering the appropriate trigger point for requiring the fencing, and that could be at the sale of a house, or when major construction is done on a house. He said the council is also considering the financial impact of the ordinance. Input from residents continued at a second public meeting at which Grace Abernathy of Huron Road told the council her parents who live on Osage Lane have a pool that was built in 1976 prior to the state statute that required pools to be fenced and so it is grandfathered from that requirement. Nonetheless, she said her parents are elderly and it would be a hardship on them to add a pool fence now. She explained that her parents had seven children and 17 grandchildren and they never had a problem with their pool. Mayor Bivona asked if she would prefer that the requirement be imposed upon the sale of the property by sharing the expense with the new owner. She said she would prefer if the new owners covered the expense of a pool fence entirely. Juliana Muzzucco of Covington Place West, who said she has lived in the borough since 1967, told the council it would be a hardship now to pull up her sprinkler system to install a fence. She said she has never had a problem with her pool, and claimed that a four foot fence would not keep children out of a pool. Barbara Owens of Navaho Trail Drive said she has lived in the borough since 1962 and she has not had a problem with her pool in 49 years. She said the ordinance would inflict a hardship on senior citizens who have had their pools a long time. She said her pool is closed and covered and hasn’t been used for three years because it is too expensive to open it each year and clean it. “The people you are targeting are seniors who have been here for 40 years or so and it is going to be a hardship,” Owens said. Laurie Burnette of Woodfield Road, who is an officer on the borough’s ambulance corps and is married to the borough’s construction official, told the council the issue is a matter of safety. She reiterated that the surrounding towns of Oakland, Wyckoff, and Midland Park already have similar ordinances. Asked by Councilman Smith if there have been any ambulance calls where someone wandered into a pool that was not fenced, Burnette said she could not say there had been. However, she recounted one incident during the past five years in which a child fell into a pool and had to be given CPR. Smith asked Burnette if it is a realistic threat that a child from another property would fall into an unfenced pool. She responded that it is possible, and there has been one death in a borough pool. She acknowledged that the kind of pool fence being proposed would not have prevented that death because it was an adult who gained access to the pool from the house. An Orchard Lane resident, Letty Tracy, told the council that her pool is located on an acre of property and cannot be seen from the road. She said she believes the lakes in the borough are more dangerous than pools. Bivona told the residents he appreciated their input and he emphasized that nothing has yet been decided on the proposed ordinance. “We’re looking at safety issue and the cost factor as well,” he concluded. Temple Emanuel of North Jersey will celebrate “Shabbat (Sabbath) across America and Canada” on Friday, March 4 at the temple, 558 High Mountain Road in Franklin Lakes. Inaugurated in 1997, Shabbat across America and Canada is a united effort to renew interest among all Jews, especially the unaffiliated, in the beauty and significance of the fourth commandment: observing a weekly day of rest. Together with 700 synagogues across the continent, Temple ‘Shabbat’ celebration set Emanuel will celebrate this annual event with a traditional Shabbat service led by Rabbi Joshua B. Cohen followed by a festive catered Shabbat dinner. The program begins at 6:30 p.m. Dinner reservations are required. The cost is $18 adults for adults and $8 for children ages six through 13, with a maximum of $50 per family. There is no charge for children age five and under. To reserve tickets, call the synagogue office at (201) 560-0200 by March 2. ������������� ������������������� ��������������������������������������� �������������������� ����������������������������� ������������ Imagine never having to shave or wax again... Are you embarresed by unwanted hair? We have the solution. 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