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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.
For the purposes of this Building Code, the Construction Services Administrator may also be referred to as the Building Official. It shall be the duty of the Construction Services Administrator, appointed under provisions of the Community Development Director, to administer and enforce the provisions of this chapter and to make any required inspections or tests. A person or persons may be appointed as assistants or agents of the Construction Services Administrator as may be necessary to carry out the provisions of this chapter. For the purpose of making inspections, tests, or otherwise discharging their official duties, the Construction Services Administrator, or an appointed assistant or agent, shall have the right to enter, at any time, any building, area, or manhole upon notifying the company or individual owning or having charge or control of the same. Whenever, in the judgment of the Construction Services Administrator, any structure is suspected of being or found to be defective or dangerous, or whenever from any cause the premises shall be in such defective condition as to be in danger of fires, or accident to workers or the general public, the Construction Services Administrator shall at once order the removal of such defects and the remedying of such improper condition.
Except as otherwise provided in this Code, no person shall cover or conceal, or cause to be covered or concealed, any new construction, electrical, plumbing, or mechanical systems or apparatus for which a permit has been issued, until such new construction, electrical, plumbing, or mechanical systems or apparatus have been inspected and approved as required by this Code. The Construction Services Administrator shall have the authority to remove or cause the removal of any obstructions, which may prevent the proper inspection of new construction, electrical, plumbing, or mechanical systems or apparatus. Upon the completion of the new construction, electrical, plumbing, or mechanical systems or apparatus, it shall be the duty of the company, firm, or individual doing the same to notify the Construction Services Administrator, who shall inspect the same on receipt of such notice for conformance to the provisions of this Code. Certificates of Occupancy shall not be issued unless the new construction, electrical, plumbing, or mechanical systems or apparatus are in conformity with the rules and regulations set forth in this Code. All public swimming pools shall also be inspected by the Iowa Department of Public Health. It shall be responsibility of the company, firm, or individual doing the work to coordinate with the Iowa Department of Public Health regarding their specific inspection process.
1. It shall be the property owner’s duty to ensure that the swimming pool or spa are safely operated and maintained, including compliance with the provisions for constructed barriers. Any swimming pool or spa not safely operated and not properly maintained, may be deemed a nuisance, and abated as described in Title 5, Chapter 6 of this Code.
2. The property owner of any swimming pool or spa shall be deemed to consent to periodic inspections of the swimming pool or spa and its components for compliance with this chapter. All inspections shall be scheduled at reasonable times by the Construction Services Administrator.
1. The water supply to all swimming pools shall be from a water supply source meeting the requirements for potable water. Cross connection between any swimming pool and the potable water source shall not be permitted. Cross connection, backflow prevention assemblies, and backflow testing shall be in conformance with Title 8, Chapter 1C Cross Connection Control and Containment of this Code.
2. Wastewater disposal shall include all draining and backwashing activities associated with swimming pools. All draining and backwashing activities shall be done in accordance with City policy.
1. Permanent Swimming Pools. Permanent swimming pools shall be designed and constructed in compliance with ANSI/NSPI-5 (Standard for Residential In-ground Swimming Pools).
2. Spas. Spas shall be designed and constructed in compliance with ANSI/NSPI-6 (Standard for Portable Spas).
3. Storable Swimming Pools. Above-ground swimming pools shall be designed and constructed in compliance with ANSI/NSPI-4 (Standard for Above-ground/On-ground Swimming Pools).
4. Public Swimming Pools. All public swimming pools shall be designed and constructed in compliance with the Iowa Department of Public Health Swimming Pool Rules.
5. Compliance with the City’s adopted Electrical, Plumbing, Mechanical, Fuel Gas, and Energy Codes shall be required.
1. Spas. Compliance with this section may be accomplished with a lockable safety cover in accordance with ASTM F 1346, or by the construction of a barrier as described in this section.
2. Swimming Pools. The provisions of this section shall apply to the required barriers for all swimming pools.
A. Barrier Height. The top of the barrier shall be not less than 48 inches above grade where measured on the side of the barrier that faces away from the swimming pool. Such height shall exist around the entire perimeter of the swimming pool and for a distance of three feet where measured horizontally from the required barrier.
B. Clearances.
(1) The vertical clearance between grade and the bottom of the barrier shall not exceed two inches for grade surfaces that are not solid, such as grass or gravel, where measured on the side of the required barrier that faces away from the swimming pool.
(2) The vertical clearance between a surface below the barrier to a solid surface, such as concrete, and the bottom of the required barrier shall not exceed four inches where measured on the side of the required barrier that faces away from the swimming pool.
(3) There shall be a clear zone of not less than 36 inches around the exterior of the barrier and around any permanent or temporary structures or equipment such as pumps, filters, heaters, landscape features, etc. that can be used to climb the barrier. All trees, bushes, or other landscaping installed within this 36-inch clear zone shall be trimmed or manicured as to not allow these items as an aid to climb the barrier. See Figure 10-10-13B.2d.
(4) The swimming pool side of the required barrier shall be not less than 24 inches from the water’s edge. Required setbacks from property lines shall be in accordance with Title 11, Chapter 4 of the Code.
(5) In the case where the swimming pool area abuts the edge of a private pond or lake located on the property, a barrier along the edge of the pond or lake shall not be required provided that the barrier running perpendicular or angling away from the shoreline shall extend beyond the water’s edge 24 inches.
C. Barrier Design.
(1) Barriers Constructed with Horizontal and Vertical Members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed one and three-quarters inches in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed one and three-quarters inches in width. See Figure 10-10-13B.3.a1
(2) Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal member is 45 inches or more, spacing between vertical members shall not exceed four inches. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed one and three-quarters inches in width. See Figure 10-10-13b.3.a2
(3) Solid Barriers. Solid barriers that do not have openings shall not contain indentations or protrusions that form handholds and footholds, except for normal construction tolerances and tooled masonry joints.
(4) Chain Link, Wire, and Wire Mesh Barriers. Chain link is allowed with a maximum opening of one and three-quarters inches. Slats may be used if fastened high and low to create a max opening of one and three-quarters inches.
(5) Dwelling Wall as a Barrier. Where a wall of a dwelling or structure serves as part of the barrier, all doors and operable windows with a sill height of less than 48 inches that provide direct access to the swimming pool, through the wall, shall be equipped with one or more of the following:
a. A swimming pool with a safety cover that is listed and labeled in accordance with ASTM F 1346.
b. An alarm that produces an audible warning when the door or window is opened. The alarm shall be listed and labeled as a water hazard entrance alarm in accordance with UL 2017. The deactivation switch shall be located 54 inches or more above the threshold of the door.
c. A means, approved by the Construction Services Administrator, of protection, such as self-closing doors with self-latching devices.
(6) Temporary barrier. During the installation or construction of a swimming pool, the swimming pool shall be enclosed by a barrier, whether temporary or permanent.
If a temporary barrier is utilized during construction, it shall be at least 48 inches high and all of its components shall be sufficient to prevent access to the swimming pool by any persons not engaged in the installation or construction process.
D. Gates. All pedestrian gates and utility or service gates shall comply with the following:
(1) Pedestrian Gates. All pedestrian access gates shall open outward away from the swimming pool and shall be self-closing, self-latching, and equipped to accommodate a locking device. Additionally, all pedestrian access gates shall comply with the following:
a. The self-latching and release mechanism shall be located at least 54 inches above grade, if it is located on the side of the gate away from the swimming pool. See Figure 10-10-13.4a
b. The self-latching and release mechanism may be located below 54 inches, if it is located on the swimming pool side of the gate and the gate and barrier has no openings greater than three-eighths inch within 18 inches of the self-latching and release mechanism.
(2) Utility or Service Gates. All utility and service gates shall be equipped to accommodate a locking device. Utility and service gates shall remain locked when not in use or when an adult is not within the immediate vicinity of the gate.
In any case where the provisions of this chapter are found to be in conflict with a provision of the Code of Iowa, or a provision of any zoning, building, fire, safety or health ordinance or Code of the City, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail.
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