A. Adopted: The Village of Wayne hereby amends and adopts the international swimming pool and spa code, 2018Edition, for the control of swimming pools, spas and hot tubs (hereinafter referred to as the “pool code”) as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms as amended of the published international swimming pool and spa code, 2018 Edition, are hereby referred to, adopted and made a part thereof, as if fully set out in this section, except for additions, insertions, changes and deletions thereto as set forth in subsection B of this section. At least three (3) copies of the international swimming pool and spa code are on file with the village clerk and are available for public inspection at all times during regular business hours as provided by law.
B. Amendments: Additions, insertions, changes and deletions to sections of the international swimming pool and spa code are hereby revised as follows:
Subsection 101.1 Title (page 1, insert at second line)
Insert: the Village of Wayne.
Subsection 101.2 Scope (page 1, add to new subsection)
Add: The restrictions of the village zoning ordinance regulations and all amendments thereto, shall not be deemed to be modified by the Wayne village code; and such restrictions shall be controlling except in so far as this code imposes greater restrictions by reason of life safety, in which case the provisions of the Wayne village code shall control.
Subsection 103.1 Creation of Enforcement Agency (page 2, change subsection)
Change: The building department shall be charged with the enforcement of the pool code, and the director of building and zoning shall also be known as the building official.
Subsection 105.3 Construction Documents (page 3, add to end of subsection)
Add: Construction Documents. Unless otherwise specified by the director of building and zoning, each application shall be accompanied by a minimum of three sets of drawings and specifications signed and sealed by an architect licensed to practice architecture as provided by the Illinois architectural act, or by a structural engineer licensed to practice structural engineering as provided by the Illinois architectural act, or by the property owner of said proposed swimming pool, spa or hot tub when it is determined to be sufficient by the director of building and zoning. Construction document submittal shall include aforementioned plans, dimensioned property plat of survey indicating proposed installation, all proposed equipment manufacturer's specifications, and a grading plan should the installation require excavation, filling, change of grades or retaining wall installation acceptable to the village engineer.
Subsection 105.6.2 Fee Schedule (page 4, insert)
Insert: The fee schedule shall be governed by section 8-1-6 of the Wayne village code. No person shall commence construction or installation of a permanent swimming pool, spa or hot tub without first having obtained a permit. To obtain a permit, the property owner or his representative shall file an application on a form furnished by the village for that purpose. Application shall include such plans, property survey, specifications and additional information as required for proper representation of the proposed work, and to ensure compliance with this code and all other applicable village codes and ordinances. Fees associated with the construction or installation of a swimming pool, spa or hot tub shall be assessed in accordance with section 8-1-6 of the Wayne village code. No permit shall be required for a portable or temporary pool as defined herein.
Subsection 106.4 Other Inspections (page 5, add to end of subsection)
Add: Other Inspections. The director of building and zoning, or other authorized representative, is hereby authorized and directed to periodically inspect swimming pools, spas or hot tubs affected by this code to ensure compliance with the health, sanitation and safety requirements set forth herein. If, after inspection, the director of building and zoning finds that the installation, use, maintenance or operation of a swimming pool, spa or hot tub does not meet the requirements and regulations imposed by the Wayne village code, said installation shall be closed and drained until all violations have been corrected. Inspections during the construction or installation of a swimming pool, spa or hot tub shall be performed based on the type of installation and as required by the conditions of the permit.
Section 108 Means of Appeals (page 7, delete entire section and add new section)
Delete entire section.
Add: Means of Appeals. Any person shall have the right to appeal a decision of the Director of Building and Zoning to the Zoning Board of Appeals. Means of appeal shall follow the requirements set forth in section 2-3-5 of the Village Code.
Section 109 Condemnation (page 7, add new section)
Add: Condemnation. If any swimming pool, spa or hot tub has become dangerous to life, limb or property or to the public because of structural defects, deterioration, damage, or has become so unsanitary or out of repair as to render the same unsafe, it shall be deemed a nuisance, and the director of building and zoning, if and when he shall find any such conditions exist, shall declare such swimming pool, spa or hot tub a nuisance and shall condemn the same. The violations of the provisions of this section shall constitute a misdemeanor, and any person, firm or corporation found guilty of a violation thereof shall be subject to a fine in the manner and amount as provided in section 1-4-1 of the Wayne village code.
Section 110 Rebuilding or Removal After Notice of Condemnation (page 7, add new section)
Add: Rebuilding or Removal After Notice of Condemnation. Rebuilding or removal must begin within five (5) days of condemnation notice. Any swimming pool, spa or hot tub condemned and declared to be a nuisance by the director of building and zoning under the provisions of section 109 hereof shall be put in a safe or sanitary condition or be demolished and removed. Within five (5) days after the service of notice in the manner and form provided in section 111 and 112 hereof, to make such swimming pool, spa or hot tub safe or sanitary or to remove and demolish the same, the owner or owners or the party or parties interested therein shall proceed to begin the work of making said installation or structure safe or sanitary or the work of demolishing and removing the same and shall prosecute said work continuously without unnecessary delay to a completion thereof; provided, however, that should the owner or person in possession of said swimming pool, spa or hot tub deem himself aggrieved by any direction to repair or remove such installation alleged by the director of building and zoning to be a nuisance, he shall, within a period of five (5) days after the giving of the notice as required by section 111 and 112 hereof, have the right to appeal in writing in accordance with Section 108 hereof, from the judgment of the director of building and zoning to the zoning board of appeals. If in the judgment of the zoning board of appeals said swimming pool, spa or hot tub is unsafe or unsanitary and should be declared a nuisance, it shall order the owner or other person in possession thereof to forthwith begin the work of making safe or sanitary or of demolishing and removing said installation.
Section 111 Unsafe Swimming Pools, Spas or Hot Tubs - Method of Service for Notice (page 7, add new section)
Add: Unsafe Swimming Pools, Spas, Hot Tubs - Method of Service for Notice. Whenever the director of building and zoning shall under the provision of subsection section 109 hereof, condemn and declare any swimming pool, spa or hot tub to be a nuisance because of dangerous or unsanitary condition thereof, he shall cause a notice in writing to be served upon the owner or owners, upon the tenant and occupant thereof, if any, and upon the holder or holders of any encumbrances or general tax lien thereof, if any, ordering and directing said swimming pool, spa or hot tub to be put in a safe or sanitary condition or be demolished and removed. Service of written notice may be effected by personal delivery thereof, or by mailing a copy thereof by registered mail directed to the person involved, at his last address known to the director of building and zoning or available to him upon examination of the records of the county treasurer and county clerk of DuPage or Kane County, Illinois, and by posting a copy thereof upon the premises subject to such condemnation.
Section 112 Failure to Comply After Notice (page 7, add new section)
Add: Failure to Comply After Notice. Upon the failure of the owners of said swimming pool, spa or hot tub, or the party or parties interested therein, within five (5) days after the service of the notice provided in section 111 hereof or upon the failure to comply with an order of the zoning board of appeals as provided in section 110 hereof to begin the work of making safe or sanitary or of removing and demolishing said installation, or upon the failure of the owner or owners or the party or parties interested therein after beginning such work to proceed continuously without unnecessary delay to completion thereof, the village may take any action at law or in equity to restrain the use of such installation, or may proceed against the owner or any person in possession of the same in a penal action before the circuit court for the 18th judicial circuit, DuPage County, Illinois for the violation of the provisions of this ordinance. The village may also, in its discretion, cause the said installation to be secured to prevent access, cleaned of unsanitary conditions detrimental to the public or removed in its entirety, after the failure, within the time herein above provided for, to restore to a safe condition. All court, attorney’s fees and other costs incurred by the Village shall constitute a lien against the subject property and fixtures until the Village is fully reimbursed.
Section 202 Definitions (page 11, Portable or Temporary Pool, add new definition)
Add: Portable or Temporary Pool. Any above-ground swimming or wading pool, which may be removed and stored when not in use without dismantling or disassembling, and which does not require electrical connections or filtering and recirculating equipment. Use of a portable or temporary pool is restricted to the residential property owner on the property it is located for the sole use of his/her household and guests, and not for the purpose of profit or in connection with any business operated for profit. All portable or temporary pools are to be drained of all water and stored at the end of each day it is used.
Section 202 Definitions (page 12, Residential Swimming Pool, delete definition and add a new definition)
Insert: Residential Swimming Pool. Any container, receptacle, structure or artificial basin for water having a depth at any point in excess of twelve (12) inches in depth and which is used, or intended to be used, for swimming, wading or recreational bathing. This includes in-ground, above-ground, on-ground swimming pools, spas and hot tubs. It shall also include all equipment, appliances, structures, facilities and other appurtenances incidental to, or necessary and intended for, the use, operation and maintenance of a swimming pool as defined herein. Use of a swimming pool is restricted to the residential property owner on the property it is located for the sole use of his/her household and guests, and not for any business or other purpose.
Subsection 302.1 Electrical (page 13, delete and insert new subsection)
Delete: Entire subsection.
Insert: Electrical Requirements. All electrical equipment and installations shall conform to the provisions set out in section 8-1-4 of the Wayne village code.
Subsection 302.2.1 Plumbing Requirements (page 13, add new subsection)
Add: Plumbing Requirements. All plumbing equipment and installations shall conform to the provisions set out in section 8-1-5 of the Wayne village code.
Subsection 302.2.2 Water Supply (page 13, add new subsection)
Add: Water Supply. No fixed piping arrangements shall exist, which will permit sewage or waste water to enter the pool water system, nor shall any connection be permitted which could permit water from the pool system to enter the household water supply. The water supply for a swimming pool, spa, hot tub, portable or temporary pool shall meet the bacteriological standards of the Illinois department of public health for safe drinking water.
Subsection 302.6 Wastewater Discharge (page 13, delete and insert new subsection)
Delete: Entire subsection. Insert: Discharge drainage from swimming pools, spas and hot tubs shall not be permitted to drain so that any such drainage shall detrimentally affect or constitute a nuisance or hazard to any adjoining properties. It shall be mandatory to carry the water flow away from the direction of adjacent properties so that the water will not empty onto such property as it flows from the swimming pool, spa or hot tub discharge or drain outlet. No discharge or drain outlet shall connect directly to any sewer line.
Subsection 302.9 Mechanical Requirements (page 13, add new subsection)
Add: Mechanical Requirements. All mechanical equipment and installations shall conform to the provisions set out in section 8-1-3 of the Wayne village code.
Section 324 Safety Requirements for Portable or Temporary Pools (page 24, add new subsection)
Add: Safety Requirements for Portable or Temporary Pools. Portable or temporary pools are to be completely emptied of water at the end of each day's use. Such pools are to be removed and stored when not in use. Such pools are to be removed and stored when all of the adult (18 years old or older) residents of the property on which the pool is located will not be in clear sight of the pool or will be absent from the property.
Section 325 Structural Stability and Construction Requirements (page 24, add new section)
Add: Structural Stability and Construction Requirements. All swimming pools, spas, hot tubs, portable or temporary shall be constructed of an inert and enduring material, nontoxic to humans. Pool sides shall be vertical and non-climbable and shall be designed to withstand all anticipated loading for the pool when filled with water and occupied by humans. All swimming pools, spas, hot tubs and related equipment, structures or decks shall be installed and constructed in compliance with all applicable construction provisions of title 8 of the Wayne village code and other applicable village development codes and ordinances. All vegetation shall be removed from the area directly beneath a permanent swimming pool, spa or hot tub.
Section 326 Placement and Location of Pools and Equipment (page 24, add new section)
Add: Placement and Location of Pools, Spas, Hot Tubs, Portable or Temporary Pools, and Pool Equipment.
A. Location of swimming pools, spas, hot tubs, portable or temporary pools, as measured from the outermost edges of the proposed installation(s), shall be limited to property located within residential zoning districts, and shall be further restricted as follows:
(1.) Only located in rear yards.
(2.) Not less than the applicable zoning district setbacks for accessory use structures from side and rear property lines, as indicated in the zoning regulations.
(3.) Not less than ten (10) feet away from the principal building, detached accessory building or structure, porch or balcony (as measured from eaves or edge of structures to the proposed installation).
(4.) No installation shall be permitted over any easements.
B. Location of pumps, filters, heaters and water disinfecting equipment shall be limited and restricted as follows:
(1.) Only located in rear yards and permitted areas for pools, spas and hot tubs.
(2.) Not less than the applicable zoning district setbacks for accessory use structures from side and rear property lines, as indicated in the zoning regulations.
(3.) Located so as not to constitute a hazard to children. Such items and equipment shall not be situated so as to provide or allow entry into a swimming pool, spa or hot tub.
C. Violation; Penalty:
1. It shall be unlawful to design, construct, alter, move, enlarge, replace, repair, demolish, remove, use/maintain a swimming pool, spa, hot tub, portable or temporary pool, or pool equipment in the village of Wayne in violation of the terms and provisions of this section.
2. Any person, firm or corporation violating the terms and provisions of this section shall be liable for a penalty in the amount of one hundred percent (100%) of any unpaid fee and, in addition, shall be subject to a penalty of Seven Hundred Fifty dollars ($750.00) for each violation. Each day that a violation of this section occurs shall be deemed to be a complete and separate offense. In addition, the appropriate authorities of the village may take such other action as they deem proper to enforce the terms and provisions of this section, including, without limitation, an administrative adjudication pursuant to Section 1-4-5 of the Village Code, or an action at law or in equity to compel compliance with its terms. Any person violating the terms or provisions of this section shall be subject, in addition to the foregoing penalties, to the payment of court costs and reasonable attorney fees and any such penalties, costs, fees and other expenses incurred by the Village shall constitute a lien against the subject real property and fixtures until the Village is fully reimbursed.
D. Effect of Regulations: This section shall not be construed to extend to or affect any construction activity for which a permit was issued or application for permit filed prior to the effective date hereof, except for fees not yet due or payable, unless the director of building and zoning determines that any provisions of this section or the regulations incorporated herein by reference should be applied for reasons of public health and safety. (Ord. 16-05, 6-7-2016; amd. Ord. 20-03, 4-21-2020)