(a) Definitions.
(1) Pool, as used in this section, shall mean any constructed pool or portable private pool, used for swimming; washing, or bathing, over twenty-four (24) inches in depth of water or with a ton water surface area exceeding two hundred fifty (250) square feet and which is used or intended to be used as a pool in connection with a family dwelling unit and is available only to the family of the householder and his private guests.
(2) Pond, as defined in this section, shall mean any outdoor excavation capable of containing in excess of twenty-four (24) inches in depth of water or with a ton water surface area exceeding two hundred fifty (250) square feet, is subject to the requirements in Subsection (a) hereof on swimming pools.
(b) Location. Pools and ponds shall only be permitted in a side yard or rear yard. No pool or pond shall be constructed or installed in any front yard. Any such pool or pond in a side yard or rear yard shall be located such that it is at least fifteen (15) feet from all neighboring lot lines.
(c) Application for permit.
(1) No person shall construct, install, or move a pool or pond without having first filing with the Safety-Service Director an application, in writing, and obtaining a formal permit for such construction, installation, or moving of such pool or pond on such forms as may be prescribed by the City. Such application shall be accompanied by plans and specifications in duplicate and in sufficient detail showing the following:
(A) Pool or pond dimensions, depths, volume in gallons, and the distance of the pool or pond from all lot lines, existing and proposed structures, including septic tanks and their fields, if any, and existing utilities.
(B) Pool or pond construction plans, including details of materials to be used, water supply, type and size of filter system, pump details and capacity, drainage, waste disposal facilities, and pool or pond piping layout.
(C) Any proposed sewer and water taps, which shall be subject to the discretion of the Safety-Service Director.
(D) Pool or pond fencing, lighting layout and estimated cost.
(2) The Safety-Service Director, after finding that the application, plans, and specifications comply with the provisions hereof and all other requirements of the Zoning Code, shall issue the necessary permits for the construction or installation of such pool.
(d) Fencing.
(1) Subject to the height limitations imposed by Section 1296.02 hereof, every pool or pond shall be completely surrounded by a fence or wall not less than four (4) feet in height, which shall be so constructed as not to have openings, holes, or gaps larger than four (4) inches in any dimension, except for doors and gates; and if a picket, board or other like fence is erected or maintained, the distance between members thereof shall not exceed four (4) inches. A dwelling-house or accessory building may be used as part of such enclosure.
(2) Any such fence shall be constructed of wood, plastic (PVC), metal, masonry, or other similar material. The minimum gauge of wire for a wire mesh fence shall be not less than eleven-gauge with a maximum of three-inch by three-inch opening. No snow fencing, chicken wire, hog wire, or barbwire fences shall be permitted to comply with this section.
(3) All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed and locked at all times when not in actual use, except that door of any dwelling which forms a part of the enclosure need not be so equipped.
(4) As an exception to the fencing requirement for residential swimming pools, an automatic swimming pool cover shall be permitted as follows: A safety pool cover which shall:
(A) Provide a continuous connection between the cover and the deck, so as to prohibit access to the pool when the cover is completely drawn over the pool;
(B) Be mechanically operated by a key or key and switch such that the cover cannot be drawn open or retracted without the use of a key;
(C) Be capable of supporting a 400-pound imposed load upon a completely drawn cover;
(D) Is installed with track, rollers, rails, guides or other accessories necessary to accomplish subsections (A) through (C) in accordance with the manufacturer's instructions; and
(E) Bear an identification tag indicting the name of the manufacturer, name of the installer, installation date and applicable safety standards, if any.
(e) Safety. A pool having water depth of five (5) feet or more shall have at least one (1) fully grounded, Underwriters' Laboratories, Inc., approved underwater light, located in the deepest end of the pool. Said light shall be illuminated after sundown when the pool is in actual use.
(f) Construction and Maintenance.
(1) Every pool shall be constructed of materials sufficient to ensure against collapse thereof and leakage of water therefrom. Every pond shall be constructed against leakage of water therefrom which may cause damage or erosion to adjoining properties.
(2) Filter pumps and other mechanical devices used in connection with any pool or pond shall be constructed as not to interfere with the comfort, repose, health, peace, or safety of the occupants of adjoining premises.
(3) Exterior lights used to illuminate any pool or pond shall be so arranged and shaded as to reflect light away from adjoining premises or a public street.
(4) All pool and pond facilities shall be kept clean and in a sanitary condition.
(g) Water Supply. Cross connection between the piping system of a private swimming pool and a portable water system is prohibited. If water for any pool is supplied from a portable water system, the inlet or fill pipe shall be located at least six (6) inches above the overflow level of such pool.
(h) Drainage. Where the pool is not provided with adequate syphon or pumpage drainage facilities, it shall be provided with at least one (1) metal grated outlet situated at the lowest level or deepest end for drainage of pool water and for backwash water disposal. The drain pipe shall be equipped with a valve located outside the walls of the pool. Sand pipe and/or syphon or pumpage facilities shall be connected to a storm sewer when said storm sewer is located in any easement, alley, or street adjacent to the lot upon which the pool is located. In the event no storm sewer in available, said connection shall be made with a sanitary sewer. However, in any event, all connections with either the storm sewer or the sanitary sewer shall be made only with the approval of the Safety-Service Director. Upon inspection of the premises, the Safety-Service Director may require the discharge of pool water into a dry well or series of dry wells or other dispersion point, provided that such water does not overflow onto any adjoining property.
(i) Portable Pools. All portable pools of less than twenty-four (24) inches in depth of water or less than two hundred fifty (250) square feet of top water surface area, shall be exempt from the requirements of this section; provided, however, that a responsible person shall be in attendance when the pool is in use; at all other times the pool shall be empty of water, or adequately protected to prevent accidental entry.
(j) Effective Date for Ponds. Any property containing a pond as defined by this section annexed to the City after the effective date of this section shall comply with the fencing requirement in subsection (d) above. All ponds in existence prior to the effective date of this section shall not be subject to these regulations.
(k) Enforcement. It shall be the duty of the Safety Service Director to enforce the provisions of this section. The Safety Service Director may enter premises for the purpose of determining compliance therewith.
(l) Penalties. Whoever violates this section shall be subject to the fine and remedies as provided in Section 1240.99
.
(Ord. 22-030. Passed 10-24-22.)