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consider and approve the attached Ordinances: (1) rescinding and replacing Lackawanna City Code Chapter 198, “Swimming Pools;” and (2) amending the corresponding Building Code Fees set forth in Chapter 75. The proposed revisions to Chapter 198 are the result of recent changes made to the New York State (“NYS”) Property Maintenance Code Section R328 relating to required safety barriers for all permanent and temporary pools. It appears from the recent State-made changes that the Property Maintenance Code now recognizes the growing use of temporary and portable swimming pools, and that the State has established minimum safety standards intended to reduce accidental drownings and unauthorized access by children. Our Director of Development and Code Enforcement Officers have requested that the City Code be similarly amended to conform with the NYS Property Maintenance Code. Specifically, the proposed changes to Chapter 198: Adopt the State’s definition of Private Swimming Pool to include any in-ground, above-ground, and on-ground pool, whether permanent or portable, that is capable of containing more than 24 inches of water at any point; Require that a building permit be obtained whenever a temporary/portable pool is installed upon or moved within the same premises; Require that temporary/portable pools be fenced in with a latching gate; and Prohibit temporary/portable pools from being erected in the front yard of any premises. The amendments to Chapter 75 propose to update the fee schedule to include temporary/portable pools. In addition to the draft Ordinances, for ease of demonstrating the revisions, I am also enclosing amended versions of Chapters 198 and 75 in Track Changes. The Law Department supports the proposed changes and believes they are necessary to promote consistency in enforcement and ensure the safe use of temporary/portable pools. Please be advised that should your Honorable Council vote to approve the Ordinances, enforcement of those provisions relating to temporary/portable pools will be stayed for a period of 30 days to allow time for public education and compliance for existing structures. Thank you. Sincerely, ARIANNA KWIATKOWSKI, CITY ATTORNEY Moved by Marrano second by Anderson to receive and file, act on ordinances. Yeas: Muflahi, Anderson, Meegan, Surdyke, Marrano Carried 5-0