Explanation
Over the past decade, several dozen young children have drowned in open water in Columbus, with many others involved in near-drowning incidents. These tragedies have often involved man-made ponds in multi-family housing developments. With many developments using ponds to fulfill stormwater mitigation regulations, as well as for aesthetic purposes, there continue to be an increasing amount of open water ponds with limited to no barriers in place for young children. While swimming pools are required to be fenced and are considered an “attractive nuisance” under the law, there are no similar regulations or civil liability around ponds. According to data from Columbus Public Health from the last decade, accidental drowning was the fourth-leading cause of external injury or death of children ages 1-13 in Franklin County.
Council President Pro Tem Dorans is proposing a number of amendments to Title 45 - Housing Code that will address some of the dangers that these ponds pose on multi-unit residential properties. The amendments are as follows:
• Defining “multi-unit residential pond” in the Code as an artificial water body on a multiple-unit residential private property, which would include retention ponds used for stormwater mitigation purposes. It would not include natural bodies of water or small decorative ponds (koi ponds, water features, etc).
• Amending the definition of “public nuisance” to include multi-unit residential ponds, and allowing the Department of Building & Zoning Services (BZS) to declare these ponds to be nuisances, based on injuries or deaths occurring there (non-fatal and fatal drownings).
• Requiring safety measures be undertaken by the owners of properties on which these ponds are located, such as the installation of signage warning of possible dangers of drowning, the installation of approved floatation devices, and annual notice (written or otherwise) provided to residents of the property warning of the possible dangers of drowning in the pond, as well as detailing safety features of the pond.
• Require that any multi-unit residential pond constructed after the effective date of the legislation to have a submerged bench, or “safety shelf,” a common and required feature of stormwater ponds that creates a gently sloping, shallow area at the entrance of a pond. They also act as a safety feature that would prevent submerging in deep water upon entry to a pond.
• Requiring the Departments of Public Safety and Neighborhoods, as well as Columbus Public Health, to report occurrences of injury or death in such a pond to BZS within 14 days of the incident, so that they are alerted to and able to evaluate a pond as a possible nuisance.
BZS will establish rules and regulations regarding various portions of these Code, from public notification of the changes to various requirements for signage and approved floatation devices for the ponds.
Title
To enact new sections 4501.205; 4501.245 and 4525.17 of the Columbus City Codes; to amend sections 4501.275 and 4509.90; to repeal existing sections 4501.275 and 4509.90;
adding definitions and requirements to address safety around multi-unit residential ponds in the City of Columbus.
Body
WHEREAS, over the past decade, several dozen young children have drowned in open water in Columbus, with many others involved in near-drowning incidents, and these tragedies have often involved man-made ponds in multi-family housing developments; and
WHEREAS, according to data from Columbus Public Health from the last decade, accidental drowning was the fourth-leading cause of external injury or death of children ages 1-13 in Franklin County; and
WHEREAS, Council is proposing a number of amendments to Title 45 - Housing Code that will address some of the dangers that these ponds pose on multi-unit residential properties; and
WHEREAS, these amendments will serve to create a mechanism to declare certain ponds a public nuisance when they threaten injury or death to residents, as well as requiring the installation of safety features to improve the health and welfare of the residents of the City of Columbus; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That new sections 4501.205; 4501.245 and 4525.17 of the Columbus City Codes are hereby enacted and sections 4501.275 and 4509.90 are hereby amended as follows:
See Attachment
SECTION 2. That existing sections 4501.275 and 4509.90 of the Columbus City Codes are hereby repealed.
SECTION 3. That an owner or operator’s obligations to meet the requirements of Section 4525.17(A)(1)-(3) shall take effect on July 1, 2025.
SECTION 4. This ordinance shall take effect and be in force from and after the earliest period allowed by law.