The Swimming Pool, Spa and Hot Tub code of the village (hereinafter referred to as the "Pool Code") shall hereafter be identical with the provisions of that publication entitled International Swimming Pool and Spa Code, 2018 edition, except as amended.
(B) Amendments to Code. Additions, insertions, changes and deletions to sections of the Pool Code are hereby revised as follows:
(1) Subsection 101.1 Title (insert at second line).
Insert: The Village of Bellwood.
(2) Subsection 101.2 Scope (add to new subsection).
Add: The restrictions of the village code, and all amendments thereto, shall not be deemed to be modified by any provision of this chapter; and such restrictions shall be controlling except in so far as this chapter imposes greater restrictions by reason of life safety, in which case the provisions of this code shall control.
(3) Subsection 103.1 Creation of Enforcement Agency (change subsection).
Change: The building and zoning department shall be charged with the enforcement of the pool code and the building commissioner shall be known as the building official.
(4) Subsection 105.3 Construction Documents (page 3, add to end of subsection).
Add: Construction Documents. Unless otherwise specified by the Building Commissioner, each application shall be accompanied by a minimum of three sets of drawings and specifications signed and sealed by an architect licensed to practice architecture as provided by the Illinois Architectural Act, or by a structural engineer licensed to practice structural engineering as provided by the Illinois Architectural Act, or by the property owner of said proposed swimming pool, spa or hot tub when it is determined to be sufficient by the Building Commissioner. Construction document submittal shall include aforementioned plans, dimensioned property plat of survey indicating proposed installation, all proposed equipment manufacturer's specifications, and a grading plan should the installation require excavation, filling, change of grades or retaining wall installation acceptable to the village engineer.
(5) Subsection 106.4 Other Inspections (add to end of subsection).
Add: Other Inspections. The Building Commissioner, or other authorized representative, is hereby authorized and directed to periodically inspect swimming pools, spas or hot tubs affected by this ordinance to insure compliance with the health, sanitation and safety requirements set forth herein. If, after inspection, the Building Commissioner finds that the installation, use, maintenance or operation of a swimming pool. spa or hot tub does not meet the requirements and regulations imposed by this ordinance, said installation shall be closed and drained until all violations have been corrected. Inspections during the construction or installation of a swimming pool, spa or hot tub shall be performed based on the type of installation and as required by the conditions of the permit.
(6) Section 108 Means of Appeals (delete entire section and add new section).
Delete entire section.
Insert: See Village Ordinance, Chapter 32, Code Enforcement Board of Appeals, Section 32.007 Appeal Procedure.
(7) Section 109 Condemnation (add new section).
Add: Condemnation. If any swimming pool, spa or hot tub has become dangerous to life, limb or property or to the public because of structural defects, deterioration, damage, or has become so unsanitary or out of repair as to render the same unsafe, it shall be deemed a nuisance, and the Building Commissioner, if and when he shall find any such conditions exist, shall declare such swimming pool, spa or hot tub a nuisance and shall condemn the same. The violations of the provisions of this section shall constitute a misdemeanor, and any person, firm or corporation found guilty of a violation thereof shall be subject to a fine in the manner and amount as provided by this ordinance.
(8) Section 110 Rebuilding or Removal after Notice of Condemnation (add new section).
Add: Rebuilding or Removal after Notice of Condemnation. Rebuilding or removal must begin within five (5) days of condemnation notice.
Any swimming pool, spa or hot tub condemned and declared to be a nuisance by the building commissioner under the provisions of section 109 hereof shall be put in a safe or sanitary condition or be demolished and removed. Within five (5) days after the service of notice in the, manner and form provided in section 111 and 112 hereof, to make such swimming pool, spa or hot tub safe or sanitary or to remove and demolish the same, the owner or owners or the party or parties interested therein shall proceed to begin the work of making said installation or structure safe or sanitary or the work of demolishing and removing the same and shall prosecute said work continuously without unnecessary delay to a completion thereof.
(9) Section 111 Unsafe Swimming Pools, Spas or Hot Tubs - Method of Service for Notice (add new section).
Add: Unsafe Swimming Pools, Spas, Hot Tubs - Method of Service for Notice.
Whenever the Building Commissioner shall under the provision of subsection section 109 hereof, condemn and declare any swimming pool, spa or hot tub to be a nuisance because of dangerous or unsanitary condition thereof, he shall cause a notice in writing to be served upon the owner or owners, upon the tenant and occupant thereof, if any, and upon the holder or holders of any encumbrances or general tax lien thereof, if any, ordering and directing said swimming pool, spa or hot tub to be put in a safe or sanitary condition or be demolished and removed. Service of said notice may be effected by personal delivery thereof, or by mailing a copy thereof by registered mail directed to the person involved. at his last address known to the building commissioner or available to him upon examination of the records of the County Treasurer and County Clerk of Cook County, Illinois. and by posting a copy thereof upon the premises subject to such condemnation.
(10) Section 112 Failure to Comply after Notice (add new section).
Add: Failure to Comply after Notice. Upon the failure of the owners of said swimming pool, spa or hot tub, or the party or parties interested therein, within five (5) days after the service of the notice provided in section 111 hereof or upon the failure to comply with an order of the village the village may take any action at law or in equity to restrain the use of such installation, or may proceed against the owner or any person in possession of the same in a penal action before the circuit court for the violation of the provisions of this ordinance. The village may also, in its discretion, cause the said installation to be secured to prevent access, cleaned of unsanitary conditions detrimental to the public or removed in its entirety, after the failure, within the time herein above provided for, to restore the same to a safe condition.
(11) Section 202 Definitions (page 11, Portable or Temporary Pool, add new definition).
Add: Portable or Temporary Pool. Any above-ground swimming or wading pool, which may be removed and stored when not in use without dismantling or disassembling, and which does not require electrical connections or filtering and recirculating equipment.
Use of a portable or temporary pool is restricted to the residential property owner on the property it is located for the sole use of his/her household and guests, and not for the purpose of profit or in connection with any business operated for profit. All portable or temporary pools are to be drained of all water and stored at the end of each day it is used.
(12) Section 202 Definitions (page 12, Residential Swimming Pool, delete definition and add a new definition).
Delete: Existing swimming pool definition.
Insert: Residential Swimming Pool. Any container, receptacle, structure or artificial basin for water having a depth at any point in excess of twelve (12) inches in depth and which is used, or intended to be used, for swimming, wading or recreational bathing. This includes in-ground, above-ground, on-ground swimming pools, spas and hot tubs. It shall also include all equipment, appliances, structures, facilities and other appurtenances incidental to, or necessary and intended for, the use, operation and maintenance of a swimming pool as defined herein. Use of a swimming pool is restricted to the residential property owner on the property it is located for the sole use of his/her household and guests, and not for the purpose of profit or in connection with any business operated for profit.
(13) Subsection 302.1 Electrical (page 13, delete and insert new subsection).
Delete: Entire subsection.
Insert: Electrical Requirements. All electrical equipment and installations shall conform to the provisions set out in the village code.
(14) Subsection 302.2.1 Plumbing Requirements (add new subsection).
Add: Plumbing Requirements. All plumbing equipment and installations shall conform to the provisions set out in of the State Plumbing Code.
(15) Subsection 302.2.2 Water Supply (add new subsection).
Add: Water Supply. The water supply for swimming pools, spas. hot tubs and portable or temporary pools shall be secured from the water distribution system of the Village of Bellwood when the pool is located on property served by said system. No fixed piping arrangements shall exist, which will permit sewage or waste water to enter the pool water system, nor shall any connection be permitted which could permit water from the pool system to enter the household water supply or the water distribution system of the Village of Bellwood. The water supply for a swimming pool, spa, hot tub, portable or temporary pool shall meet the bacteriological standards of the Illinois Department of Public Health for safe drinking water.
(16) Subsection 302.6 Wastewater Discharge (delete and insert new subsection).
Delete: Entire subsection.
Insert: Discharge drainage from swimming pools, spas and hot tubs shall not be permitted to drain so that any such drainage shall detrimentally affect or constitute a nuisance or hazard to any adjoining properties. It shall be mandatory to carry the water flow away from the direction of adjacent properties so that the water will not empty onto such property as it flows from the swimming pool, spa or hot tub discharge or drain outlet. No discharge or drain outlet shall connect directly to any sewer line.
(17) Subsection 302.9 Mechanical Requirements (add new subsection).
Add: Mechanical Requirements. All mechanical equipment and installations shall conform to the provisions set out the village code of the Village of Bellwood mechanical regulations.
(18) Section 324 Safety Requirements for Portable or Temporary Pools (add new subsection).
Add: Safety Requirements for Portable or Temporary Pools. Portable or temporary pools are to be completely emptied of water at the end of each day's use. Such pools are to be removed and stored when not in use. Such pools are to be removed and stored when all of the adult (18 years old or older) residents of the property on which the pool is located will not be in clear sight of the pool or will be absent from the property.
(19) Section 325 Structural Stability and Construction Requirements (add new section).
Add: Structural Stability and Construction Requirements. All swimming pools, spas, hot tubs, portable or temporary shall be constructed of an inert and enduring material, nontoxic to humans. Pool sides shall be vertical and non-climbable and shall be designed to withstand all anticipated loading for the pool when filled with water and occupied by humans. All swimming pools, spas. hot tubs and related equipment, structures or decks shall be installed and constructed in compliance with all applicable construction provisions of the village code and other applicable village development codes and ordinances. All vegetation shall be removed from the area directly beneath a permanent swimming pool, spa or hot tub.
(20) Section 326 Placement and Location of Pools and Equipment (add new section).
Add: Placement and Location of Pools, Spas, Hot Tubs, Portable or Temporary Pools, and Pool Equipment.
A. Location of swimming pools, spas, hot tubs, portable or temporary pools, as measured from the outermost edges of the proposed installation(s), shall be limited to property located within residential zoning districts, and shall be further restricted as follows:
(1.) Only located in rear yards.
(2.) Not less than five feet (5) away from any side or rear property line.
(3.) Not less than ten (10) feet away from the principal building, detached accessory building or structure, porch or balcony (as measured from eaves or edge of structures to the proposed installation).
(4.) No installation shall be permitted over any easements.
B. Location of pumps, filters, heaters and water disinfecting equipment shall be limited and restricted as follows:
(1.) Only located in rear yards and permitted areas for pools, spas and hot tubs.
(2.) Not less than five (5) feet away from any side or rear property line.
(3.) Located so as not to constitute a hazard to children. Such items and equipment shall not be situated so as to provide or allow entry into a swimming pool, spa or hot tub.
(C) Compliance required; application of provisions.
(1) Compliance required. It shall be unlawful to design, construct, alter, move, enlarge, replace, repair, demolish, remove, use or maintain a swimming pool, spa or hot tub dangerous to life or detrimental to health in the village in violation of the terms and provisions of this chapter.
(2) Application to existing permits. This chapter shall not be construed to extend to or affect any construction activity for which a permit was issued or application for permit filed prior to the effective date hereof, except for fees not yet due or payable, unless the building commissioner determines that any provision of this chapter or the regulations incorporated herein by reference should be applied for reasons of public health and safety.
(D) Penalties. Any person, film corporation violating the terms and provisions of this chapter shall be liable for a penalty in the amount of (100%) of any unpaid fee and, in addition, shall be punishable as provided in this code for each violation.
(Ord. 20-08, passed 3-18-20)