(A) Definitions. In this section SWIMMING POOL means any pool, tank, depression or excavation in or above-ground, or other structure which shall cause or has the capacity to retain water with a depth greater than 30 inches which shall be designed for the intent to be used for swimming, wading, or immersion purposes by individuals.
(B) Permit required.
(1) No person shall construct, alter or renovate a swimming pool without an approved building permit.
(2) The application for a permit must include the following:
(a) Complete plans and specifications for the construction of the pool;
(b) A site plan showing the distance of the proposed swimming pool from the property lines, existing structures on the lot, including the house, garage, and fences, retaining walls, trees, overhead and underground wiring, utility easements; any on-site sewer system and other significant features.
(c) The proposed location of pumps, filters, motors, electrical power source, if any, flushing and drainage outlets, and other operational features; and
(d) Location and specifications of protective fencing, including a construction fence.
(C) Location.
(1) Swimming pools shall not be located beneath utility lines nor over underground utility lines of any type.
(2) No person, firm or corporation shall build, situate or install a swimming pool within 10 feet of any side property line and 15 feet from any rear property line, nor within 10 feet of any principal structure, excluding uncovered decks, nor closer to the front property line than the principal structure. Corner lots are permitted to install swimming pools within the front yard that is opposite the interior side yard, but it must meet the required front yard setback.
(3) No swimming pool shall be located within ten feet to any portion of a septic tank or within 20 feet of an area designated as a drainfield, alternate drainfield or well.
(4) No pool shall be located within any public or private utility easement, ingress or egress easement, swale or existing drainage areas which may be affected by 100 year rain event levels, wetlands, floodplains or other location in which it will represent a threat to the natural environment.
(D) Fence requirements - general. All swimming pools shall be completely enclosed by a type of fence meeting the following general requirements:
(1) The fence shall be of the non-climbing type, so as not to be penetrable by toddlers and afford no external handholds or footholds.
(2) The bottom of the fence shall be no higher than four inches above grade at any given point.
(3) All fence openings or points of entry into the pool area enclosure shall be equipped with self-closing and self-latching gates. The self-latching device must be placed at the top of the gate or so it is inaccessible to small children.
(4) All swimming pool fences shall meet the regulations set forth in § 155.030.
(E) Fence requirements - specific.
(1) Construction fence. A construction fence shall completely enclose any in-ground pool preceding the erection of a permanent fence described in division (D)(1). The construction fence shall be a minimum of six feet in height, made of snow fence-like or similar design and be securely anchored in place with its base flush to the ground. It must have supportive posts placed no more than eight feet apart and remain in place until a permanent fence completely enclosing the swimming pool is installed. No swimming pool, even though containing water for construction purposes, shall be occupied or used at any time prior to the installation of a permanent fence.
(2) In-ground pools. A safety fence at least six feet in height shall completely enclose any in-ground swimming pool. As an alternative to a safety fence, an automatic pool cover may be utilized if it meets the standards of F1346-91 (reapproved 1996) of American Society of Testing and Materials (ASTM), as such standards may be modified, superseded, or replaced by ASTM, if all of the following requirements are met:
(a) The property on which the in-ground pool is located is zoned A-1 Agricultural;
(b) The property upon which the in-ground pool is located does not abut a residential zoning district;
(c) The property upon which the in-ground pool is located is five acres or larger in area;
(d) The in-ground pool is set back a minimum of 150 feet from the side and rear property lines and 300 feet from an existing non-owner occupied dwelling. The 150-foot setback may be waived if the side or rear lot line of the parcel upon which the in-ground pool is located is adjacent to a public body of water as identified on the Minnesota DNR Public Water Inventory Map and the required minimum shoreland setbacks are met.
(3) Above-ground pools. A fence at least four feet in height shall completely enclose any above-ground swimming pool.
(4) Above-ground pools with accessory decks. If an accessory deck is constructed within three feet of any part of the above-ground swimming pool, the deck shall be required to install a minimum 36 inch high guard rail. The guard rail shall be constructed so no space within it is wider than four inches. All openings or points of entry into the above-ground pool shall be equipped with self-closing and self-latching gates.
(5) Outdoor spas and hot tubs. Outdoor spas and hot tubs, of any size, must be covered when not in use and shall have a latchable cover or surrounded by a four-foot non-climbing fence. The cover should be constructed of a material not to be penetrable by toddlers and is subject to the inspection by the Building Official or designee.
(F) Miscellaneous requirements.
(1) Conduct. The conduct of persons and the operation of pools is the responsibility of the owner or the tenant thereof, and such conduct of persons and operation of the pool shall be done in such a manner so as to avoid any nuisance or breach of peace, and it shall be unlawful to allow loud noise to go beyond the boundaries of the property upon which the pool is located to adjacent property.
(2) Drainage. All back flushing water or pool drainage water shall be directed onto the property of the owner or onto approved drainage ways, such as street curb, ditches, storm sewers, and storm water ponds.
(3) Lighting. Any outdoor lighting of the pool may not spill or shine upon adjacent properties. For all underground pool lights and above ground plug-in motors, compliance with the Electrical Code is required.
(G) Retroactivity. The provisions of this chapter shall apply retroactively only with regard to the safety features, such as wiring and fencing to all existing above-ground swimming pools, and the owners shall have until June 1, 2009, to conform to the requirements herein.
(H) Penalty. Any person violating any provision of this section shall be guilty of a misdemeanor and shall be punishable as provided in § 155.999. Each day on which such violation continues shall constitute a separate offense.
(Ord. 0803, passed 4-22-08; Am. Ord. 1003, passed 6-8-10; Am. Ord. 1902, passed 5-14-19)