§ 95.01 CONDITIONS OF CONSTRUCTION.
   Private swimming pools may be constructed as an accessory use, subject to the following conditions.
   (A)   All swimming pools having a water depth of two feet or greater (above ground and below ground) are required to have a construction permit. A permit fee as set forth in the Appendix of Fines and Fees shall be required.
   (B)   All aboveground pools setting at least three feet above ground level shall be enclosed by a four-foot-high wood fence, chain link fence, wrought iron or ornamental steel fence with slats no more than four inches apart, or similar fencing as approved by the code enforcement officer or his or her designee. This fencing shall be erected in addition to any existing railing around the pool. It is recommended that the fencing completely enclose the rear yard area, however, it shall be required to completely enclose the pool area.
   (C)   All aboveground pools with more than three feet of water and in-ground pools with a water depth of at least two feet into the ground shall be enclosed by a six-foot-high wood fence, chain link fence, wrought iron or ornamental steel fence with slats no more than four inches apart, or similar fencing as approved by the building inspector. This fencing shall be erected in addition to any existing railing around the pool. It is recommended that the fencing completely enclose the rear yard area, however, it shall be required to completely enclose the pool area.
   (D)   All gates to the fenced enclosed area around the pool shall be self-closing with a spring hinge or closing device to allow the gates to close automatically.
   (E)   All swimming pools utilizing any electrical facilities shall obtain an electrical permit, and all electrical work shall be done by a licensed electrician or the owner/occupant.
   (F)   All swimming pools shall be wired according to the National Electrical Code as adopted by the town in Chapter 150 of this code of ordinances.
   (G)   Low voltage lighting located within six feet of the water’s edge shall be on a 24-volt or less system, protected by a GFCI. Any lighting in pool construction shall be 15 volts maximum.
   (H)   No swimming pool shall be constructed in front of the front building line and no portion of the pool shall be constructed closer than ten feet to the side and rear lot lines or across any easement. All pool equipment, sidewalks and decks shall not be located within five feet of any side or rear lot lines or across any easement.
(Prior Code, § 4-5-1) (Ord. 327, passed 8-7-2008) Penalty, see § 95.99