Loading...
For purposes of this chapter, the following terms are defined:
1. “Backwash” means the process of cleansing the filter medium or elements by the reverse flow of water through the filter.
2. “Barrier” means a permanent fence, wall, building wall, or combination thereof that completely surrounds the swimming pool and restricts access to the swimming pool from the outside of the barrier. For the purpose of this definition, permanent shall mean not being able to be removed, lifted, or relocated without the use of a tool.
3. “Immediate vicinity” means within 10 feet in any direction of an object while still being able to make eye contact with that same object.
4. “Permanent swimming pool” means a swimming pool in which the sides and bottom are primarily located in the ground and that by its construction cannot be removed or disassembled on a seasonal basis.
5. “Potable water” means water that is satisfactory for drinking, culinary, and domestic purposes and that meets the requirements of the health authority having jurisdiction.
6. “Public swimming pool” means a swimming pool or spa owned or operated by a local or State government, or commercial interests or private entities including, but not limited to, public or private schools corporations, hotels, motels, camps, apartments, condominiums, health clubs, and country clubs.
7. “Residential swimming pool” means any swimming pool that is used, or intended for use, which is accessory to a one- or two-family residential dwelling and is available only to the household and its private guests. A residential swimming pool used for any commercial purpose, including, but not limited to, swimming lessons or exercise classes, shall comply with the requirements set forth by the State Department of Public Health Swimming Pool Rules.
8. “Spas” means a product with a water surface area that is less than 100 square feet intended for the immersion of persons in a temperature-controlled environment where water is circulated in a closed system such as a hot tub or whirlpool, and not intended to be drained and filled with each use. A spa/hot tub usually includes a filter, a heater, a pump or pumps, and a control, and may also include other equipment, such as lights, blowers, and water sanitizing equipment.
9. “Storable swimming pool” means a swimming pool in which the sides and bottom are primarily located above ground and that may be removed or disassembled on a seasonal basis.
10. “Swimming pool” means a structure, chamber, tank, or area constructed of man-made material, whether permanent, storable, private or public, that is intended for swimming, bathing, or wading. For the purpose of this definition, the following shall not be considered swimming pools:
A. Storable swimming pools with a designed water depth of 12 inches or less and which are drained and filled daily.
B. Landscape features such as fountains, fishponds, and garden ponds provided that the water surface area is less than or equal to 100 square feet and has a maximum water depth of 12 inches deep, extending a minimum of 30 inches into the water feature. This edge shall be known as a safety edge. In lieu of the safety edge, a structural pond cover may be used if the cover is anchored in place and capable of supporting a weight of 60 pounds, without the cover submerging into the water more than 12 inches. The pond cover shall not have openings that allow passage of a sphere six inches in diameter.
C. Ponds, lakes, and detention/retention facilities shall not be considered a swimming pool.
It is the purpose of this chapter to require architects, builders, contractors, pool suppliers, property owners, their agents, and others, to meet their responsibilities with respect to proper construction, construction techniques, and premises safety, and to provide for inspection as a means of compelling compliance therewith. It is not the purpose of this chapter to create any duty on the part of the City, its officers, agents, or employees, owing to any individual member of the public or to protect any particular or circumscribed class of persons. Specifically, it is not the intent of this chapter to create any duty or liability by the City, its officers, agents, or employees, to premises occupants, owners, tenants, or any other person.
No person shall place reliance upon this chapter, any inspections performed, or Certificates of Occupancy issued pursuant to this chapter, as indicating the safety of or quality of construction of any particular premises. Neither this chapter, nor inspections made pursuant thereto, nor certificates issued, are intended to assume the duty of any person to adequately construct and maintain a premises or provide a safe premises or to, in any way, indicate a decrease in the risk associated with the use or occupancy of any premises. A certification that a premise has been inspected pursuant to this chapter shall not, in any way, constitute a warranty or guarantee of the safety or quality of that premises.
1. New Construction. The general design, placement, construction, and barrier requirements for swimming pools and spas.
2. Existing Facilities. Additions to, alterations of, or repairs to any existing swimming pools and spas. The Construction Services Administrator may, when such additions, alterations, or repairs are made, order other reasonable additions or alterations within the facilities or barriers not currently in compliance with this Code.
3. All public swimming pools shall follow the rules set forth by the Iowa Department of Public Health.
The applicant for a permit for any swimming pool, by making such application, assumes and agrees to pay for all loss or damage to property whatsoever, an injury to or death of any person or persons whomsoever, including all costs and expenses incident thereto, however arising from or in connection with or related to the issuance of such permit or the doing of anything thereunder, or the failure of such applicant, or the agents, employees, or servants of such applicant, to abide by or comply with any of the provisions of this chapter or any other ordinance of the City; and such applicant, by making such application, forever indemnifies the City, its officers, and employees, and agrees to save it and hold them harmless from any and all claims, demands, lawsuits, or liability whatsoever for any loss, damage, injury or death, costs and expenses, by reason of the foregoing even though acts or omissions of the City, its officers, or employees, may have caused or contributed thereto. The foregoing provisions shall be deemed to be part of any permit issued under this chapter whether expressly recited therein or not.
1. Required. Any owner, or authorized agent, who desires to construct, enlarge, alter, repair, move, or demolish any swimming pool or spa or to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical, mechanical, or plumbing component of any swimming pool or spa which is regulated by this chapter, or to cause any such work to be done, shall not do so without first securing a permit from the City Community Development Department. In the case of a public swimming pool, the owner or authorized agent must also obtain a permit from the Iowa Department of Public Health.
2. Issuance. After proper application on forms provided by the City Community Development Department, permits shall be issued in the name of the property owner or of a firm or corporation registered with the State Division of Labor Services, according to their rules and regulations. The property owner or authorized representative of the firm or corporation named on the registration shall sign all applications for permits. Permits are not transferable. No permits shall be issued to any person, firm, or corporation who has fees outstanding or who has outstanding violations of any ordinance of the City.
3. Fees. There shall be a fee paid for the issuance of permits. Permit fees and fees for other inspections shall be set forth in a fee schedule established and approved, from time to time by the Council. Fees on all buildings or structures constructed by any unit of government or nonprofit organization may be waived by the Council. No fees shall be collected on necessary permits for any City project.
4. Expiration.
A. Every permit issued under the provisions of this Building Code shall expire by limitation and become null and void, if the work authorized by such permit is not commenced within 90 days from the date of issuance of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 60 days. Before such work can be commenced, a new permit shall be first obtained, and a fee therefore shall be one-half of the amount required for a new permit for such work, provided, that such suspension or abandonment has not exceeded 120 days.
B. All building permits shall expire after 365 days unless an extension is requested in writing to the Construction Services Administrator 14 days prior to expiration of said permit. The Construction Services Administrator may refuse any extension, but shall do so in writing within seven days of receipt of the extension request.
C. In addition, any time work is suspended or abandoned for more than 60 days, the permit shall expire due to neglect, if the site is not properly secured, including:
(1) Removal of all construction debris, materials, weeds, etc., that makes the area unsightly and creates a public nuisance.
(2) A fence to protect any excavation, including partially constructed swimming pools, in order to prevent the creation of an attractive nuisance in the neighborhood.
(3) Ground cover, silt fencing, etc., shall be provided to help prevent erosion and damage to surrounding properties. Consideration may be given to proximity of the construction site, as described in Chapter 11 of this title.
5. Revocation. Any permit required by the provisions of this Code may be summarily revoked by the Construction Services Administrator upon the violation of any provision of this Building Code.
6. Outstanding Permits. If a permit is outstanding on the effective date hereof, the provisions of this chapter shall apply to the work authorized by such permit, except to the extent that the Construction Services Administrator shall determine that the application of such provisions to said work would be unreasonable. The burden shall be upon the holder of such permit to show the unreasonableness of such provisions.
7. Work without a Permit. If any repairs, additions, alterations, or demolitions to any swimming pool, swimming pool barrier, portions of any swimming pool, or any electrical, gas, mechanical, or plumbing system, where regulated by this Building Code, without first obtaining a permit, the owner shall have the responsibility to certify that the work has been completed in accordance with the applicable codes. The Construction Services Administrator shall determine the appropriate level of special inspection necessary to ensure that the work was completed in accordance with the applicable codes. Special inspections shall be performed by an approved inspector that is qualified or licensed to work similar to that which is being performed. Any person who commences any work before obtaining the necessary permits shall be subject to a fee.
Loading...