(A) Purpose of section. The purpose of this section is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy and location and maintenance of all swimming pools within the city, and certain equipment specifically regulated herein.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FENCE HEIGHT. Measured at a point six inches below the top of the supporting posts, or the height of the material between the support posts, whichever is greater.
STORAGE, SWIMMING, OR WADING POOLS. The pools constructed on or above ground that are capable of holding water to a maximum depth of 54 inches with non-metallic, molded, polymeric walls or inflatable fabric walls, regardless of dimension.
SWIMMING POOL. Includes any enclosure, above or below ground, having water surface area exceeding 100 square feet and a water depth greater than 18 inches at any point.
(C) Enforcement of section. The City Building Inspector/Building Official shall be charged with the enforcement of this section, and is hereby authorized to issue citations for violation of or refusal to comply with the provisions of this section.
(D) Building permit required.
(1) No swimming pool may be constructed, excavated or erected within the city without first obtaining a building permit, except storable swimming or wading pools, provided that the pools are set up or placed in operation in the spring and taken out of operation and placed in storage during the fall of each year so as to not remain permanently in place. In the event the pools are permanently left in place, all other provisions otherwise applicable to swimming and wading pools shall then apply to the pools.
(2) The application for the building permit shall include:
(a) The type and size of pool; and
(b) A site plan indicating the following: location of pool; location of house, garage, fencing and other improvements on the lot; location of filter unit, pump and wiring indicating the type of the units; location of structure on adjacent lots; location of back flush and drainage outlets; grating plan; finished elevation and final treatment (decking, landscaping and the like) around pool; location of existing overhead or underground wiring, utility easements, trees and similar features; and location of any water heating unit.
(E) Requirements.
(1) In all districts, the following shall apply.
(a) The pool shall not be located within ten feet measured horizontally from overhead or underground utility lines of any type.
(b) Pools shall not be located within any private or public utility, walkway, drainage or other easement.
(c) In the case of underground pools, precaution shall be taken during construction to:
1. Avoid damage, hazards or inconvenience to adjacent or nearby property; and
2. Assure that proper care shall be taken in stockpiling excavated materials to avoid erosion, dust or other infringement upon adjacent property.
(d) All access for construction shall be over the owner’s land and due care shall be taken to avoid damage to public streets and adjacent private or public property. The owner shall be liable for damage caused to any public or private property.
(e) To the extent feasible, back flush water or water from pool drainage shall be directed onto the owner’s property or into approved public drainage ways and shall not drain onto adjacent private land. Drainage onto public streets or other public drainage ways shall require permission of the appropriate city officials.
(f) Pool lighting shall be directed toward the pool and not toward adjacent property.
(g) The pool area shall be enclosed with fencing to effectively prevent the entrance of children and be without hand or foot holds that would enable a child to climb over it or pass through it. The fence shall be at least five feet in height, but not exceeding six feet, to prevent uncontrolled access from the street or adjacent property. For horizontal fence members that are less than 45 inches apart, vertical spacing shall not exceed 1% inches. Where horizontal members are equal to or more than 45 inches apart, vertical spacing shall not exceed four inches, spaced so that a four-inch sphere cannot pass through. The spacing between the bottom of the fence and grade shall not exceed four inches. Fences shall be completely installed prior to the filling of the pool. Spacing between the bottom of fence gates and grade shall not exceed four inches. The gate latching mechanism shall be placed a minimum of 48 inches above the bottom of the gate. Where the fences enclose only the swimming pool area, adequate screening, including, but not limited to, landscaping, shall be placed between the pool area and adjacent single-family district lot lines.
(h) Retaining walls shall be designed to resist the lateral pressure of the retained material in accordance with accepted engineering practice. Wall retaining drained earth may be designed for pressure equivalent to that exerted by a fluid weighing not less than 30 pounds per cubic foot and having a depth equal to that of the retained earth.
(i) Pool water shall be maintained in a suitable manner to avoid health hazards of any type. The water shall be subject to periodic inspection by the local health officer.
(j) All wiring, insulation, heating units, grading, insulation of pipes and all other installation and construction shall be subject to inspection.
(k) Nuisances such as undue noise, lighting of adjacent property, health and safety hazards, damage to nearby vegetation and the like shall not be permitted.
(l) Any proposed deviation from these standards and requirements shall require a variance in accordance with normal zoning procedures.
(2) Pool and accessory equipment, setbacks, Single-Family Residential Districts: private swimming pools in single-family residential districts shall adhere to the following regulations: pools shall not be located within the setback area for structures applicable to the zoning applicable to the residential property where the pool is located. Pools shall not be located within any required front yard. The filter unit, pump, heating unit and any other noise making mechanical equipment shall be located at least 25 feet from any adjacent or nearby residential structure and not closer than eight feet to any lot line.
(3) Private swimming pools which are intended for and used by the occupants of a multi-family dwelling and the guests of the occupants of the dwelling shall adhere to the following regulations: no part of the water surface of the swimming pool shall be closer than 50 feet to any lot line.
(a) Pumps, filters or other apparatus used in connection with or to service a swimming pool shall be located closer than 40 feet to any lot line.
(b) All deck areas, adjacent patios and other similar areas used in conjunction with the swimming pool shall be located at least 40 feet from any lot line and adjacent single-family residence.
(Ord. 115, passed 5-19-2003; Ord. 138, passed 6-18-2007; Ord. 197, passed 8-19-2019)