1287.15   SWIMMING POOLS.
   (a)   Definitions. For the purposes of this chapter, the terms “swimming pool” and “pool” shall include the following defined classes unless specifically exempted in a particular section hereunder:
      (1)   “Above-ground semipermanent outdoor swimming pool.” Any artificial water pool, semipermanent in nature, of redwood or other wood, metal or plastic construction, which has a water surface area of 300 square feet or more, a depth at any point of more than 11/2 feet, or both.
      (2)   “Recessed outdoor swimming pool.” Any artificial water pool, permanent in nature, of steel, masonry, concrete, aluminum or plastic construction, located out-of-doors, which has a water surface area of 300 square feet or more, a depth at any point of more than 2 feet, or both.
      (3)   “Portable plastic or vinyl outdoor swimming pool.” Any artificial water pool, portable in nature, of plastic or vinyl construction, located out-of-doors, which has a water surface area of 300 square feet or less and a depth at any point of 11/2 feet or less (no building permit).
   (b)   Construction or Maintenance; Permit Required; Fee. No person shall construct or maintain an outdoor swimming pool without first making application to the Building Department and obtaining a permit.
   (c)   Plot Plan. There shall be filed with the Building Department a plot plan of the property showing the location of the swimming pool thereon and a detailed plan and specification for such swimming pool which contains full information as to the type, height, and location of the fence surrounding such swimming pool and the number of gates therein. Before any permit is issued, such plans and specifications shall be approved by the Building Department. All applications for a permit shall be accompanied by the proper fee.
   (d)   Location. Outdoor swimming pools may be erected on a side or rear yard. Every pool hereafter built shall be located upon the lot or parcel to allow a safe distance between the pool and the property lines so that any person or persons may be readily observed when approaching or in the vicinity of the pool. The swimming pool, its walks, decks, or paved areas, or any accessory structure adjacent thereto, whichever is closer, shall be situated 6 or more feet from any property line.
   (e)   Fencing. Every pool hereafter constructed, with the exception of semipermanent above-ground pools which have a built-in fence that is acceptable to the Building Inspector, shall be completely enclosed by a fence not less than 4 feet but not more than 6 feet in height. A fence which encloses the yard may be considered as complying with these requirements. Fence gates shall be of the self-closing, self- latching type with the latch on the inside of the gate, not readily available for children to open. All gates must be locked when the residents are away from the house or when the pool is not in use. A portable plastic or vinyl outdoor swimming pool 11/2 feet or under in height shall have a protective cover of plastic and shall be properly secured when not in use.
   (f)   Construction Requirements. The following regulations shall apply to the construction of swimming pools:
      (1)   Swimming pool construction shall conform to the Ohio Plumbing Code and the National Electrical Code.
      (2)   Non-portable fiberglass and plastic pools may be permitted, provided that they meet accepted safety and construction standards.
      (3)   Any accessory building which houses pumping and filtering equipment shall conform to the provisions of the Zoning Code and the Building Code.
      (4)   Illuminating lights may be erected with an intensity of no more than 2 footcandles, installed and shielded so as to eliminate direct rays and minimize reflected rays upon adjoining premises.
      (5)   All electrical wiring shall conform to the requirements of the National Electrical Code. Installation shall be underground wiring in an approved conduit.
      (6)   All plumbing necessary for the connection of the intake or the outlet of a swimming pool to the Village water system or sewer system shall conform to the requirements of the Ohio Plumbing Code.
      (7)   There shall be no direct cross-connection with the Village or home water supply and the water supply for the pool.
      (8)   The construction of the pool shall be made in such a manner that all scum, splash, and deck water shall not return to the pool except through the filter system.
      (9)   The pool shall be kept free at all times of floating material, sediment, and debris, either by an automatic surface skimmer, a scum gutter, or some other means approved by the Building Inspector.
      (10)   Every private swimming pool shall be equipped with an approved filtration system. The system shall have sufficient capacity to provide a complete turnover of the pool water in 24 hours or less when operated at a rate not to exceed 3 gallons per minute per square foot of filter area. Hair and lint strainers shall be provided so as to protect the pumps.
      (11)   A provision shall be made for positive germicidal or bacterial control by the use of chlorine, bromine, or other such disinfecting agents.
      (12)   All swimming pool installations must be completed and filled with water, and the filter system must be in operation, before final inspection.
      (13)   The pool sides and bottom shall be constructed of smooth, nonabsorbent materials, free from cracks, and be so constructed as to be properly drained through one or more metal grate openings. At all times when the pool is in use, water shall be sufficiently clear to see distinctly a bull's-eye target 6 inches in black, on a white disc 18 inches in diameter, from the sidewalk of the pool or the side of the pool.
   (g)   Operation. The following regulations shall apply to the operation of swimming pools:
      (1)   No person shall maintain a swimming pool on his or her premises without providing adequate supervision at all times when the pool is in use.
      (2)   A shepherd's crook shall be available at the pool at all times when the pool is in use as a method of rescuing floundering swimmers.
      (3)   During water shortages, the filling of swimming pools shall be regulated by the Village Administrator, regulating the use of water supply for lawn sprinkling.
      (4)   No swimming pool shall be drained during periods of excessive rainfall so as to overload the Village sewer system.
   (h)   Fencing of Existing Swimming Pools. Existing outdoor swimming pools which do not conform to the fencing requirements of this chapter shall be brought into compliance therewith by July 15, 1991. Any pool now in operation may be continued to be used with the present fence if the fence is adequate, as determined by the Building Inspector.
   (i)   Filtration Systems Required for Existing Swimming Pools. All swimming pools which, at the present time, have no filtration system, shall be required to install and have the same approved within one year of the effective date of this section.
   (j)   Inspection. The Building Inspector shall have the right, at any reasonable hour, to inspect any swimming pool for the purpose of determining that all provisions of this chapter are fulfilled and complied with. Before any swimming pool is used, a final inspection and approval must by made by the Building Inspector.
   (k)   Conflicts. In no way are the provisions of this chapter intended to amend or alter an existing Village ordinance or State statute.
   (l)   Violations as Nuisances; Abatement. Any outdoor swimming pool installed, operated or maintained in violation of the provisions of this chapter shall constitute a nuisance, and the Village may, in addition to the penalty provided in division (m) of this section, maintain any proper action for the abatement of such nuisance.
   (m)   Penalty. Whoever violates any of the provisions of this section shall be fined not more than one hundred dollars ($100.00) or imprisoned not more than 30 days, or both. Each day on which any such violation occurs or continues shall constitute a separate offense.
(Ord. 91-205. Passed 6-18-91; Ord. 01-014. Passed 7-17-01.)