§ 151.05.67 SWIMMING POOLS.
   (A)   Purpose and intent. The intent of this section is to protect the public health, safety and general welfare of the community and its people through the establishment of minimum regulations pertaining to outdoor swimming pools in residential districts. These design controls are intended to provide protection against potential drowning and near-drownings by restricting access to swimming pools.
   (B)   Permit required. A building permit is required for the construction of the following types of swimming pools:
      (1)   In-ground pools, whether indoor or outdoor.
      (2)   Above-ground pools, except for storable swimming or wading pools having a diameter of 18 feet or less and a wall height of four feet or less and installed for less than 180 days in a calendar year.
   (C)   Location.
      (1)   Swimming pools requiring a permit may be constructed or placed in the rear yard, or in a side yard behind the front building line.
      (2)   Swimming pools must be located a minimum of ten feet from the rear and side property lines.
      (3)   Swimming pools on riparian lots are considered structures and must meet the required structure setback from the ordinary high water (OHW) mark;
      (4)   Pool operational equipment shall be no closer than 25 feet to neighboring structures.
   (D)   No part of a structure, including fencing, shall exceed six feet above ground level.
   (E)   Barrier requirements. An outdoor swimming pool requiring a permit, including an in-ground, above-ground or on-ground pool, shall be surrounded by a barrier which shall comply with the following:
      (1)   The top of the barrier shall be at least 48 inches above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be two inches measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade, such as an above-ground pool, the barrier may be at ground level, such as abutting the pool structure, or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be four inches.
      (2)   Openings in the barrier shall not allow passage of more than a four inch diameter sphere.
      (3)   Solid barriers which do not have openings, such as a masonry or stone wall, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.
      (4)   Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed one and three-quarters inches in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed one and three-quarters inches in width.
      (5)   Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches or more, spacing between vertical members shall not exceed four inches. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed one and three-quarters inches in width.
      (6)   Maximum mesh size for chain link fences shall be a two and one-quarter inch square unless the fence has slats fastened at the top or the bottom which reduce the openings to not more than one and three-quarters inches.
      (7)   Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall not be more than one and three-quarters inches.
      (8)   Access gates shall comply with the requirements of subsections (E)(1) through (E)(7) of this section, and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outward away from the pool and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches from the bottom of the gate, the release mechanism and openings shall comply with the following:
         (a)   The release mechanism shall be located on the pool side of the gate at least three inches below the top of the gate; and
         (b)   The gate and barrier shall have no opening larger than one-half inch within 18 inches of the release mechanism.
      (9)   Where a wall of a dwelling serves as part of the barrier, other means of protection, such as self-closing doors with self-latching devices.
      (10)   Where an above-ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps:
         (a)   The ladder or steps shall be capable of being secured, locked or removed to prevent access; or
         (b)   The ladder or steps shall be surrounded by a barrier which meets the requirements of subsections (E)(1) through (E)(9) of this section. When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a four inch diameter sphere.
      (11)   Location of pool barriers. Barriers shall be located to prohibit permanent structures, equipment or similar objects from being used to climb them.
   (F)   Impervious surface. For calculating lot coverage purposes, the water area of the swimming pool shall not be considered an impervious surface. Any aprons constructed of concrete, stone, wood or similar materials will be included in determining impervious surface area.
   (G)   Discharge of pool water. Water must be drained on the homeowner's property or, if approved by the city, diverted to an existing city storm sewer drainage system. If drained onto the homeowner's property, water cannot drain onto or across any adjoining property.
   (H)   Electrical. All wiring must be in accordance with the guidelines established by the Minnesota State Board of Electricity. A separate electrical permit must be obtained from the city.
   (I)   The storage of chemicals shall meet the requirements of the Uniform Fire Code.
   (J)   Lights used to illuminate any private swimming pool shall be so arranged and shaded as to reflect light away from adjoining premises.
(Ord. 20220120-01, passed 1-20-22)