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§ 150.065 DEFINITION.
   For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
   SWIMMING POOLS. Any structure, bathing chamber, or tank including but not limited to above and below ground swimming pools, hot tubs, or spas, used for swimming or bathing, over 24 inches in depth, or with a surface area of more than 150 square feet, that is constructed above or below ground. (Prior Code, § 150.050) (Ord. 2022-03, passed 5-24-2022)
§ 150.066 PERMIT REQUIREMENTS.
   (A)   Types of permits. One of the following swimming pool-related permits may be required.
      (1)   A swimming pool permit shall be required for the construction of or the alteration, remodeling, or addition of any improvement to a below grade swimming pool.
      (2)   A building permit shall be required for any pump house, filter house, or any structure erected in conjunction with a swimming pool.
      (3)   A mechanical permit shall be required for installation of a heater for any pools, hot tubs, or spas.
      (4)   An electrical permit shall be required for all direct/hard-wired pools, hot tubs, spas, or any other electrical components.
      (5)   A zoning permit shall be required for all above grade pools including but not limited to hot tubs, and spas.
      (6)   A zoning permit shall be required for all fences constructed, per the defined safety requirements in § 150.086.
   (B)   Permit applications.
      (1)   Application forms. An applicant for permits shall make application on forms provided by the city and shall provide the City Building Official or designee with a complete set of plans and specifications of the proposed project, together with the explanatory data relative to the design, operation, and maintenance of the swimming pool insofar as health and safety features are concerned, as required by this subchapter or as requested by the City Building Official or designee.
      (2)   Submission requirements.
         (a)   A complete application form and fee, the amount of which is established by city ordinance;
         (b)   Two sets of dimensioned site plans (drawn to scale) which include the following information;
         (c)   Property lines including property corners;
         (d)   The house, garage, driveway, and other permanent structures and distance of each to the property lines;
         (e)   The location of all above and below utilities on the site including gas, electric, sewer, water, phone, and the like. Homeowners shall be responsible for contacting utility companies in regard to impacted utilities;
         (f)   Required setbacks from property lines;
         (g)   The proposed location of pool, hot tub, or spa, including length, depth, and width of the pool, hot tub, or spa, and any decking and showing distance of the pool, hot tub, or spa to the property lines;
         (h)   Detailed drawings of fence design, gate design, and latching mechanisms;
         (i)   A copy of all pool, hot tub, or spa manufacturer build requirements, specifications, and recommended maintenance procedures;
         (j)   Source and location of the water supply; and
         (k)   Methods to be used in securing the site during the entire term of the permit, from beginning of excavation through completion. Such methods may include both temporary and permanent security installations.
   (C)   Permit approvals. No permit shall be issued unless it meets the requirements of this subchapter. No permit may be issued until the City Building Official or designee or other responsible city staff is satisfied that the proposed swimming pool, hot tub, or spa will not be a health hazard and is to be constructed in such a way that its future use will not endanger the health, lives, or safety of any persons coming in contact with the swimming pool. All swimming pools, hot tubs, spas, apparatus(es), water supply and drainage systems, and other features shall be constructed in conformity with the approved plans. If any deviations from the plans are desired, a supplementary plan covering that portion of the work involved shall be filed for approval and shall conform to the provisions of this subchapter.
(Prior Code, § 150.051) (Ord. 2022-03, passed 5-24-2022)
§ 150.067 LOCATION REQUIREMENTS.
   (A)   Prohibited area. No part of a swimming pool, hot tub, or spa shall be located closer than ten feet, as measured from the ground surface to any overhead or underground utility line of any type. For the purpose of determining the area in which no part of a swimming pool, hot tub, or spa can be constructed, the centerline of any overhead or underground utility line will be projected to the ground surface and the ten-foot prohibited area will be measured parallel and on both sides of the projected centerline.
   (B)   Prohibited within easements. No part of a swimming pool, hot tub, or spa shall be located within any private or public utility, drainage, or other easement.
   (C)   Setback requirements.
      (1)   R-1 and R-2 Districts. No part of a swimming pool, hot tub, or spa shall be located within ten feet of any side or rear lot line; nor within ten feet of any principal structure or frost footing. No swimming pool, hot tub, or spa may be located in the front yard of any property. The filter unit, pump, heating unit, and any other mechanical equipment shall be located not less than 25 feet from any adjacent or nearby neighboring residential structure dwelling and not closer than ten feet to any lot line.
      (2)   R-1A Districts. Swimming pools, hot tubs, or spas located in R-1A Districts shall comply with the setback requirements of Chapter 154.
      (3)   R-3 and R-4 Districts. No part of a swimming pool, hot tub, or spa shall be located within 50 feet of any side or rear lot line; nor within ten feet of any principal structure or frost footing. No swimming pool, hot tub, or spa shall be located in the front yard (as defined in Chapter 154) of any multiple dwelling. The filter unit, pump, heating unit, and any other mechanical equipment shall be located at least 50 feet from any adjacent or nearby residential structure and not closer than 40 feet to any lot line.
(Prior Code, § 150.052) (Ord. 2022-03, passed 5-24-2022) Penalty, see § 150.999
§ 150.068 SAFETY REQUIREMENTS.
   (A)   All pools, hot tubs, or spas shall be provided with required safeguards to prevent children from gaining uncontrollable access. A successful barrier shall be considered one which prevents a child from getting over, under, or through and keeps the child from gaining access to the pool, hot tub, or spa except when supervising adults are present. Permanent fences shall meet all requirements of § 150.087. Temporary fencing may be exempted from some of the requirements of § 150.087 upon approval of the City Manager or designee, but for a period of no more than the duration of the applicable permit, or 180 days, whichever is less.
      (1)   Safeguards shall include a fence at least six feet in height, unless exempted per § 150.068(C).
      (2)   Openings in the barrier (i.e., spaces between fence pickets, railing balusters, and the like) shall not allow passage of a four-inch sphere.
      (3)   All fence openings or points of entry into the enclosure area shall be equipped with a gate, and all gates must be equipped with self-closing and self-latching devices placed so as to be inaccessible to small children. The gates shall be locked at all times when the pool, hot tub, or spa is not in direct use.
   (B)   Suction outlets shall be designed and installed in accordance with ANSI/APSP-7.
   (C)   The following shall be considered fencing exemptions or modifications for spas, hot tubs, and certain above ground pools as specified:
      (1)   Exempted. Spas or hot tubs with a safety cover which comply with ASTM F1346 (per § 303 of the International Property Maintenance Code (2018) shall be exempted from any required fencing of this subchapter.
      (2)   Modified. Above ground pools with sides or attached fences which are four feet in height around the entire circumference, insurmountable, with an access ladder or steps capable of being secured, locked, removed, or otherwise protected to prevent access, shall require a fence of no less than four feet in height rather than the required six feet of division (A) above, while meeting all other safety fence requirements.
(Prior Code, § 150.053) (Ord. 2022-03, passed 5-24-2022) Penalty, see § 150.999
§ 150.069 LIGHTING REQUIREMENTS.
   Lighting used in connection with swimming pools must be adjusted in a manner as not to interfere with the reasonable use of adjacent property.
(Prior Code, § 150.054) Penalty, see § 150.999
§ 150.070 NOISE.
   Unreasonably loud noise in connection with the operation or use of a pool is prohibited.
(Prior Code, § 150.055) Penalty, see § 150.999
§ 150.071 INSPECTIONS.
   The County Health Inspector or City Manager or designee is authorized to conduct any inspections necessary to ensure compliance with all provisions of this subchapter and has the right of entry at any reasonable hour to the swimming pool for this purpose.
(Prior Code, § 150.056)
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