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 d...
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