§ 150.35 SWIMMING POOLS.
   (A)   Private swimming pools. Swimming pools shall conform to the requirements of this division.
      (1)   Short title. This section shall be known as the family swimming pool section of the city.
      (2)   Definition.  POOL, as used in this section, shall be any constructed pool or portable private pool, used for swimming, washing, or bathing, over 24 inches in depth of water or with a ton water surface area exceeding 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.
      (3)   Location. No pool shall be constructed or installed unless it complies with all the requirements as applied to all accessory uses, as set forth in the Zoning Ordinance of the city.
      (4)   Application for permit.  
         (a)   No person shall construct or install a pool without having first applied for and secured all necessary permits therefor from the Superintendent of Public Service on such forms as may be prescribed by them. Such application shall be accompanied by plans and specifications in duplicate and in sufficient detail showing the following:
            1.   Pool dimensions, depths, volume in gallons and the distance of the pool from all lot lines, pool fencing, existing and proposed structures including septic tanks and their fields, if any.
            2.   Pool construction, 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 piping layout.
            3.   Written approval of the Superintendent of Public Service with regard to sewer and water taps.
            4.   Pool fencing, lighting layout and estimated cost.
         (b)   The Superintendent of Public Service, after finding that the application, plans and specifications comply with the provisions hereof and all other requirements of the Municipal Code, shall issue the necessary permits for the construction or installation of such pool.
      (5)   Fencing.
         (a)   Every pool shall be completely surrounded by a fence or wall not less than 4 feet in height, which shall be so constructed as not to have openings, holes or gaps larger than 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 4 inches. A dwelling-house or accessory building may be used as part of such enclosure.
         (b)   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.
         (c)   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:
            1.   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;
            2.   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;
            3.   Be capable of supporting a 400-pound imposed load upon a completely drawn cover;
            4.   Is installed with track, rollers, rails, guides or other accessories necessary to accomplish divisions 1. through 3. in accordance with the manufacturer’s instructions; and;
            5.   Bear an identification tag indicting the name of the manufacturer, name of the installer, installation date and applicable safety standards, if any.
      (6)   Safety.
         (a)   A pool having water depth of 5 feet or more shall have at least 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.
      (7)   Construction and maintenance.
         (a)   Every pool shall be constructed of materials sufficient to insure against collapse thereof and leakage of water therefrom.
         (b)   Filter pumps and other mechanical devices used in connection with any pool shall be located at least 10 feet away from adjoining premises and be so constructed as not to interfere with the comfort, repose, health, peace or safety of the occupants of adjoining premises.
         (c)   Exterior lights used to illuminate any pool shall be so arranged and shaded as to reflect light away from adjoining premises or a public street.
         (d)   All pool facilities shall be kept clean and in a sanitary condition.
      (8)   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 6 inches above the overflow level of such pool.
      (9)   Drainage.
         (a)   Where the pool is not provided with adequate syphon or pumpage drainage facilities, it shall be provided with at least 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 Superintendent of Public Service. Upon inspection of the premises, the Superintendent of Public Service 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.
         (b)   Pool water discharged into a brook or stream must comply with the disinfection and bacteriological regulations issued by the Health Officer of the city.
      (10)   Portable pools. All portable pools of less than 24 inches in depth of water or less than 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.
      (11)   Enforcement. It shall be the duty of the Superintendent of Public Service and Health Officials to enforce the provisions of this section. They may enter premises for the purpose of determining compliance therewith.
      (12)   Penalties. Any person violating any of the provisions of this section shall, upon conviction thereof, be punished by a fine not exceeding $10 on a first offense and $20 on each succeeding offense plus court costs.
   (B)   Community or club swimming pools. A community or club swimming pool shall be any pool constructed by an association of property owners, or by a private club for use and enjoyment by members of the association or club and their families. Community and club swimming pools are permitted in all districts, but shall comply with the following conditions and requirements.
      (1)   The pool is intended solely for the enjoyment of the members and families and guests of members of the association or club under whose ownership or jurisdiction the pool is operated.
      (2)   The pool and accessory structures thereto, including the areas used by the bathers, shall not be closer than 100 feet to any property line of the property on which located.
      (3)   The swimming pool and all of the area used by the bathers shall be so walled or fenced as to prevent uncontrolled access by any person from the street or adjacent properties. The said fence or wall shall not be less than 6 feet in height and maintained in good condition.
(1981 Code, § 150.35) (Res. 4038-62, passed 8-13-1962; Am. Ord. 6570-93, passed 12-13-1993; Am. Ord. 02-05-038, passed 5-13-2002)