37° F Thursday, February 9, 2012

top story West LakeIf you’ve got an unfenced pool in West Lake Hills, you have until June 1 to get it enclosed, regardless of when it was built.

The West Lake Hills city council voted unanimously at its meeting last week to enact a new ordinance that requires all pools to be fenced, without a grandfather clause. This is possible because it represents a health and safety issue, meaning that it can be applied retroactively.

“There are court cases that show that swimming pools that are not enclosed are an attractive nuisance,” City Attorney Alan Bojorquez said. “For those who don’t or didn’t have a fence before the city started requiring these, this ordinance would make them across the board.”

City officials allayed fears from residents that this ordinance would retroactively require them to upgrade already fenced pools. For instance, chain-link fences are no longer allowed in the city, but a chain-link fence around a pool constitutes a legal, nonconforming use. The only retroactive portion of the law applies to unfenced pools.

The law will not be enforceable for six months and after that, residents found in noncompliance will have 90 days to construct a fence. Building inspectors will not be going yard to yard, but will issue citations to any upon which they happen.

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