Private residential swimming pools, spas/hot tubs and pools/ponds/lakes are regulated by this chapter. All other swimming pools, spas, hot tubs, as well as residential swimming pools (serving more than three dwelling units) and special use pools as defined in O.A.C. 3701-31 are regulated by this chapter and by O.A.C. 3701-31 as enforced by the Ohio Department of Health, through the Hamilton County Health Department acting as agent for the Ohio Department of Health. Pools/ponds/lakes which are required, permitted, or otherwise regulated by the Stormwater Management Code (Chapter 51) must also meet the requirements of that Code.
(A) Adoptions. This section is comprised of:
(1) Ohio Building Code 2017 Edition, § 3109, to regulate public and residential swimming pool, hot tub and spa enclosures and safety devices.
(2) International Swimming Pool and Spa Code (ISPSC), 2018 Edition, as promulgated by the International Code Council, to regulate private residential pools, spas, and hot tubs.
(B) Application. This section shall apply to all public and private swimming pools, hot tubs/spas and aquatic recreation facilities except the following:
(1) Stormwater retention and detention ponds constructed and maintained as permitted by the city Stormwater Utility.
(2) Garden water features, whether public or private, with water depths no greater than 12 inches.
(3) Small portable wading and play pools: on private one- or two-family properties, no greater than 12 inches in depth, without permanent water source, and without filtration, circulation or heating equipment or without structural materials regulated by the RCO.
(4) Hot tubs or pools less than 48 inches deep located entirely inside a building, used for therapeutic purposes, and used under the direct supervision and control of licensed medical personnel.
(5) Existing pools, spas, hot tubs or ponds permitted by and constructed in accordance with regulations in effect prior to the effective date of this chapter.
(6) Ponds, lakes or other bodies of water (except swimming pools, spas and hot tubs) approved by the Planning Commission as part of a development plan, development plan revision, site plan approval, or variance approval.
(C) Permits required. Before an owner or owner representative constructs, installs, alters, expands or renovates a public or private swimming pool, spa, hot tub, pond, or other similar water feature not exempted in division (B) of this section, above, the appropriate permits shall be obtained as here indicated.
(1) Building permit. A building permit from the Building Department is required for private or public, indoor or outdoor, permanent or portable swimming pools, spas, hot tubs, and ponds not exempted above.
(2) Public swimming pools and spas. All public swimming pools, spas, aquatic recreation facilities, and their service equipment, are required to have approval by the Ohio Department of Health in accordance with R.C. § 3749.03 prior to application for plans approval and permit from the Building Department. Copies of the Department of Health approvals must be submitted as part of the supporting data with the application for plans approval.
(3) Plumbing permit. A separate plumbing permit from the Hamilton County Health Department is required for all public swimming pools and spas, and for any alterations to existing plumbing installations required to accommodate the installation or construction of private residential swimming pools and spas/hot tubs.
(4) Electrical permit. A separate electrical permit from Inspection Bureau Incorporated (IB I) is required for all public swimming pool and spa installations, and for any alterations to the existing electrical installation required to accommodate the installation or construction of private residential swimming pools and spas/hot tubs and/or associated electrical equipment.
(5) Fence/enclosure permit. Every swimming pool, spa, hot tub, pond or other water feature not exempt from the requirement for a permit by division (B) of this section, above, is required to be enclosed in accordance with the Building Code (OBC § 3109 or ISPSC, § 305 as appropriate to the application). Application, documentation, plans approval, and permit are required for such enclosures.
(6) Deck permit. Decks, raised decks, cantilevered walking surfaces, gazebos, domes, stairs, ladders and such appurtenances to a swimming pool or spa unless provided by the pool manufacturer and detailed on the plans, specifications, or data sheets are required to be designed and constructed in accordance with the Building Code. A separate permit is required for such structures unless complete plans and specifications are provided with the pool permit.
(7) Tent/membrane structure/canopy permit. A separate permit is required for any permanent or temporary tent, membrane structure, or canopy larger than 200 square feet, whether accessory to a pool or not, as regulated by the building and fire codes.
(8) Gas piping/LPG permit. A separate permit is required for the fuel delivery/storage systems for any accessory pool equipment unless complete plans and data related to such systems are included with the application for a building permit.
(D) Plans. Plans are required to show all dimensions and construction of the proposed swimming pool, spa/hot tub, or pond including a site plan showing location on the property, distances to property lines, buildings, walks, fences, utility locations (including overhead electric lines), drainage systems, as well as structural plans and/or manufacturer data sheets, vertical elevations through the pool showing depth, and all appurtenances pertaining to the pool.
(E) Location on lot, area. The location and area of swimming pools, spas/hot tubs, ponds, lakes and garden water features shall be in accordance with the following:
(1) Public swimming pools, spas/hot tubs. The location, setbacks, and area of public swimming pools and spas/hot tubs shall be in accordance with Planning Commission approval of a development plan, and in accordance with the requirements of the Ohio Department of Health.
(2) Private residential swimming pools and spas/hot tubs. The location and maximum area of private residential swimming pools and spas/hot tubs shall be in accordance with the requirements of § 150.12 (i.e., within the rear yard setback only, occupying no more than 35% of the required rear yard area). The water's edge of such pools and spas/hot tubs shall be at least ten feet from any lot line. A swimming pool or spa/hot tub may be immediately adjacent to or part of a house or other structure provided that the structural requirements of the Building Code are satisfied. Such swimming pool or spa/hot tub may not be located under or within ten feet laterally of a power line.
(3) Public and private non-residential ponds, lakes, water features. The location, area, and setbacks for public ponds, lakes or other water features shall be in accordance with Planning Commission approval of a development plan.
(4) Private residential ponds, lakes, garden water features. The location and areas of ponds, lakes, and garden water features shall be in accordance with the following:
(a) Private ponds and lakes shall be located within the rear setback only and occupy no more than 35% of the required rear yard in accordance with § 150.12. Such bodies of water shall be located a minimum ten feet from a lot line and six feet from a house.
(b) Private garden water features with water depths less than 12 inches are not regulated.
(F) Barrier requirements. Enclosure requirements for public swimming pools and spas/hot tubs shall be in accordance with OBC § 3109.4. Enclosure requirements for private residential swimming pools and spas/hot tubs shall be in accordance with the ISPSC per division (A)(2) of this section. Enclosure requirements for pools/ponds/lakes shall be in accordance with ISPSC, § 305.
(G) Maintenance requirements. The owner or owner authorized agent is responsible for the maintenance of pools, spas, and associated equipment. Existing pools, spas, and equipment are required to be maintained in proper operating condition and in a safe and sanitary condition.
(H) Additions, alterations, repairs. Additions, alterations, or repairs to existing pools, spas, or related system shall not cause those systems to become unsafe, unsanitary, or overloaded, and shall conform to the requirements of this chapter without requiring the existing elements to comply.
(I) Cautionary note. "While it is recognized that proper construction and installation are essential, safe use of pools and spas requires common sense, including constant adult supervision of children, and proper maintenance. It is assumed and intended that pool users will exercise appropriate personal judgment and responsibility (including constant adult supervision of children) and that operators will create and enforce rules and warning appropriate for their pool/spa." (ISPSC).
(Ord. 25-2019, passed 8-5-19)