Loading...
Any permanent above ground pool which meets the definitions herein of permanent above ground pool and any in-ground pool which was installed prior to the adoption of this chapter which fails to meet any of the applicable requirements of this chapter, excluding requirements related to maintenance and safety may be considered a legal nonconforming pool and may be permitted to continue in such status until it is either abandoned or removed by its owner.
(Ord. 3876, passed 2-27-17)
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BARRIER. A permanent fence, wall, building wall, or combination thereof that completely surrounds the swimming pool and obstructs access to the swimming pool. PERMANENT shall mean not being able to be removed, lifted or relocated without the use of a tool.
ON-GROUND STORABLE SWIMMING POOL. A pool which can be disassembled for storage or transport. This includes portable pools with flexible/nonrigid walls that achieve their structural integrity by means of uniform shape, support frame or a combination thereof, and can be disassembled for storage or relocation.
PERMANENT ABOVE GROUND POOL. An above ground or on-ground pool having rigid metal or composite sides with vertical supports evenly spaced around the perimeter of the pool and a top rail or cap around the perimeter of the pool. PERMANENT ABOVE GROUND POOLS shall have at minimum one skimmer opening and one inlet connected to adequately sized circulation equipment.
PORTABLE SWIMMING POOL. On-ground storable pool.
SWIMMING POOL. Any structure that contains water which is used, or intended to be used for, swimming, wading, or recreational bathing. This includes in-ground, above-ground, and on-ground storable swimming pools, hot tubs, spas, portable pools and temporary pools.
TEMPORARY POOL. A pool which is installed for a period of not more than 180 days and removed from site and/or placed in storage. TEMPORARY POOL shall mean on-ground storable swimming pool.
(Ord. 3876, passed 2-27-17)
(A) It shall be unlawful to proceed with the construction, installation, enlargement or alteration of any swimming pool and appurtenances within the city without first obtaining from the Building Official a permit in writing to do so, except those pools specifically exempt. This includes all above ground pools which exceed either 5,000 gallons or are capable of greater than 24 inches in water depth. Where applicable, all work shall conform to the current adopted building code pursuant to § 150.015 of this code.
(B) On-ground storable swimming pools which exceed 5,000 gallons or are capable of greater than 24 inches in water depth shall require a permit. The permit is applied for and purchased one time and is good for only the pool structure, address and owner that the permit was originally applied for. This permit is not transferable to another address, person or pool structure. In the event that a pool different from the one originally applied for is installed, then a new permit application and fee shall be submitted to the Building Official. This same process shall be followed should the owner of the pool move to a different address and wish to install the pool at the new location or if the pool changes ownership. If the owner of the pool wishes to change the location of the pool upon the original property, this too shall require a new permit application and fee.
(C) Exempt pools. Storable and temporary swimming pools less than 5,000 gallons and are not capable of water depth of greater than 24 inches that are drained and stored when not in use shall be exempt from required permits but shall comply with all other sections of this chapter which may require other permits to be obtained from the Building Official.
(Ord. 3876, passed 2-27-17)
(A) All swimming pools authorized by permit shall be located at least eight feet from any structure excluding fences. Swimming pools and any attached or functionally related deck shall comply with the required yard setbacks for the relevant zoning district.
(B) Swimming pools and any attached or functionally related deck shall comply with the required yard setbacks for the relevant zoning district.
(C) No pool shall be located within a drainage or utility easement.
(D) Swimming pools shall not be located in a required yard adjacent to a street right-of-way. Exception: The Building Official may grant permission for a swimming pool to be located in a required yard adjacent to a street right-of-way if the following exists:
(1) There exists no rear yard or side yard not adjacent to a street right-of-way with adequate square footage to allow for swimming pool installation and required setbacks for the relevant zoning district.
(2) The swimming pool complies with all other required setbacks for the relevant zoning district.
(3) Fencing is installed in compliance with the regulations of this chapter and that of Chapter 158.
(E) Equipment. All pumps and filtration equipment shall comply with the same setback requirements for the relevant zoning district but not less than eight feet whichever is greater.
(Ord. 3876, passed 2-27-17) Penalty, see § 159.99
(A) In-ground pools. All in-ground pools shall be completely enclosed by a fence of not less than 48 inches in height above grade in compliance with Chapter 158. The maximum vertical clearance between grade and the bottom of the fence shall be three and one-half inches. All fence openings or points of entry into the yard area enclosure shall be equipped with gates, equipped with self-closing and self-latching devices.
(B) Above ground pools.
(1) On-ground storable swimming pools. All on-ground storable swimming pools capable of greater than 24 inches of water depth shall be completely enclosed by a fence of not less than 48 inches in height above grade in compliance with Chapter 158. The maximum vertical clearance between grade and the bottom of the fence shall be three and one-half inches. All fence openings or points of entry into the yard area enclosure shall be equipped with gates, equipped with self-closing and self-latching devices.
(2) Permanent above ground swimming pools.
(a) Permanent above ground swimming pools having an access point that is lockable or removable to prevent access to the pool and that have a pool wall height above grade of not less than 48 inches spanning outward from the pool wall at grade level not less than three feet around the entire perimeter of the pool shall not require any other form of barrier. This type of barrier is only permitted if the access point is locked or removed when not in use.
(b) Permanent above ground swimming pools having a pool wall at grade level of less than 48 inches shall be completely enclosed by a fence of not less than 48 inches in height above grade in compliance with Chapter 158. The maximum vertical clearance between grade and the bottom of the fence shall be three and one-half inches. The maximum horizontal clearance between pickets and all other fence components shall be three and one-half inches. All fence openings or points of entry into the yard area enclosure shall be equipped with gates, equipped with self-closing and self-latching devices.
(Ord. 3876, passed 2-27-17) Penalty, see § 159.99
The provisions of this section apply to circulation systems for swimming pools.
(A) Circulation.
(1) Permitted swimming pools. A circulations system consisting of pumps, piping, return inlets and outlets, filters and other necessary equipment of adequate size to turn over the volume of water that the swimming pool is capable of containing shall be provided for the complete circulation of water keeping it free of contamination.
(2) Exempt swimming pools. Exempt swimming pools must be completely drained and refilled for use once the water contained in the swimming pool is contaminated by waste, dirt, refuse, plant growth, insects or by any other means of contamination.
(B) Maintenance of swimming pool equipment. All equipment required for circulation, filtration, fencing, decking and including all other components of the swimming pool or its required structural components by this code or the swimming pools manufacturer must be maintained in good operational condition. All mechanical equipment must be kept in good operational condition as to not cause excessive noise.
(C) Electrical requirements.
(1) All electrical installations provided for, installed and used in conjunction with swimming pools shall be in conformance with the city electrical code.
(2) No current-carrying electrical conductors shall cross swimming pools either overhead or underground or within an area so as to endanger occupants.
(3) All metal fence enclosures or railing near or adjacent to private residential swimming pool which might become electrically alive as a result of contact with broken overhead conductors or from any other cause shall be effectively grounded.
(Ord. 3876, passed 2-27-17)
(A) The provisions of § 10.99 shall apply to this chapter.
(B) Any person violating the regulations set forth in this chapter shall be fined in a sum of not less than $50 and not to exceed $500 for any one offense. A separate offense shall be deemed committed for each and every day during which a violation continues or exists.
(Ord. 3876, passed 2-27-17)