(A) Code Adopted: Swimming pool installations shall comply with the provisions of the 2018 International Swimming Pool and Spa Code, second printing, as prepared and published by the International Code Council, Inc., together with the additions, insertions, deletions and changes hereinafter set forth, one copy of which has been for a period of more than thirty (30) days prior to the effective date hereof and now is on file in the Office of the Village Clerk.
(B) Amendments To Code: The following additions, insertions, deletions and changes are hereby made to the 2018 International Swimming Pool and Spa Code, second printing:
1. Section 101.1 Title. Delete in its entirety and in lieu thereof substitute with the following new Section 101.1:
Section 101.1 Title. These regulations shall be known as the Swimming Pool and Spa Code of the Village of Willowbrook, and shall be cited as such. It is referred to herein as "this code".
2. Section 105.5.3. Expiration. Delete this section in its entirety and in lieu thereof substitute the following new section:
Section 105.5.3 Expiration: Every permit issued by the Building Official under the provisions of this Code shall expire by limitation and become null and void if the work authorized by such permit shall not have been started within six (6) months after the date of issuance of said permit. Where, under authority of a permit, work has begun and has not been processed for a continuous or cumulative period of six (6) months, all rights under such permits shall thereupon terminate and work can be continued only after application for and issuance of a new permit. Where, under authority of a permit, work has not been completed within eighteen (18) months after the issuance of such permit and an occupancy permit issued, all rights under such permit shall thereupon terminate and work can be continued only after application for and issuance of a new permit. The fee for said new permit shall be equivalent to the fee applicable to the original building permit obtained.
3. Section 105.5.4 Extensions. Amend by deleting the last sentence of the section.
4. Section 105.6.2 Fee schedule. Delete this section in its entirety and in lieu thereof substitute the following new Section 105.6.2:
Section 105.6.2 Fees. A Permit shall not be Issued until the review process has been completed and Approved and the fees prescribed in Title 4, Section 4-2-11 of the Village Municipal Code have been paid and accepted, nor shall an Amendment to a Permit be released until the additional fee, if any, due to an increase of the installation, has been paid and accepted.
5. Section 107.4 Violation penalties. Delete this section in its entirety.
6. Section 107.5 Stop work orders. Delete the last sentence of this section and in lieu thereof substitute the following new sentence:
"... Any person who shall continue any type of work in or about the structure after having been served with a stop work order, except such work as that person is directed by the building official or his/her designee to perform to remove a violation or unsafe conditions, shall be liable to a fine of not less than that prescribed by Title 4, Section 4-2-13(B) of the Village Code.
7. Section 108 MEANS OF APPEALS. Delete this section in its entirety and in lieu thereof substitute the following new Section 108:
Section 108 BOARD OF APPEALS.
Section 108.1 Application for appeal: Each owner and occupant who is affected by this section shall have the right to appeal from the decision of the Village made pursuant to this section. All appeals shall be made to the Board of Appeals of the Village of Willowbrook as hereinafter constituted and within ten (10) days after receipt of notice of the decision of the Village.
Section 108.2 Membership of the board. The Board of Appeals shall be the Plan Commission of the Village of Willowbrook. A majority of the members of the Plan Commission then holding office shall constitute a quorum.
Section 108.3 Board actions. All actions of the Board must have the concurrence of a majority of those members then holding office. Action on an appeal brought before the Board may be taken by a written vote of a majority of the members upon each voting member certifying that he has read and considered the transcript of the hearing proceedings held by the Board in his absence.
Section 108.4 Procedure. The rules of procedure during a hearing on an appeal shall be similar to the procedures for zoning appeals as adopted by the Plan Commission. In any event, all evidence that is relevant and material and of probative value shall be admitted. Hearsay evidence alone shall not support any decision of the Board.
Section 108.5 Board recommendation. Recommendation to the corporate authorities from the Board shall be made within such time as may be set by the chairman, but, in any event, not later than thirty (30) days after receipt of the transcript of proceedings.
Section 108.6 Powers of the Board: The Board of Appeals shall have the following powers:
a. To make fact findings and to review fact findings of the Village, provided that fact findings of the Village shall be presumed to be correct until rebutted by a clear preponderance of the evidence to the contrary.
b. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent method of protection or safety is proposed. The board shall have no authority to waive requirements of this code.
Section 108.7 Board Review: Within thirty (30) days of the receipt of the recommendations of the Board of Appeals, the corporate authorities shall grant or deny the time extension or variation, or refer the matter back to the Board of Appeals for further consideration. If the Board of Appeals favorably recommends the granting of a time extension or variation, that time extension or variation may be granted by resolution by a majority vote of the corporate authorities. If the Board of Appeals does not favorably recommend the granting of a time extension or variation, that time extension or variation may be granted only by favorable vote of two-thirds (2/3) of the corporate authorities. The corporate authorities shall not grant a time extension or variation unless they have made findings of fact based upon evidence adduced by the hearing held by the Board of Appeals.
8. Section 301 General. Amend by adding the following new Section 301.2:
Section 301.2 Location. All outdoor swimming pools and equipment accessory thereto shall be located on any lot in conformance with all applicable zoning regulations contained in Title 9 of the Village Code.
9. Section 302.2 Water service and drainage. Amend by adding the following new Sections 302.2.1 and 302.2.2:
Section 302.2.1. Water Supply. No source of water other than that secured from the village waterworks distribution system or from an individual's privately owned well shall be used to fill any swimming pool.
Section 302.2.2. Pool Fill Notice. Village employees will no longer be available to fill swimming pools as they have in the past. Pools can now be easily filled with a typical garden hose without concern for the sanitary sewer charges. Both the Flagg Creek Water Reclamation District and the DuPage Sanitary District have programs to help offset the sanitary sewer charges for water utilized outside the home. You are encouraged to contact your sanitary sewer provider to learn more about their programs. A backflow prevention device is required on all hose bib connections.
10. Section 305.1 General. Is deleted in its entirety and in lieu thereof substituted with the following Section 305.1:
305.1 General. The provisions of this section shall apply to the design of barriers for restricting entry into areas having pools and spas. Where spas or hot tubs are equipped with a lockable safety cover complying with ASTM F1346, the area where the spa or hot tub is located shall not be required to comply with Sections 305.2 through 305.7.
11. Section 323 Safety. Amend by adding the following new Section 323.4:
Section 323.4. Safety Precautions. Every swimming pool shall be equipped with one or more throwing ring buoys not more than fifteen inches (15") in diameter and having sixty feet (60') of three- sixteenths inch (3/16") manila line attached, and one or more light but strong poles with blunted ends being not less than twelve feet (12') in length, for making reach assists or rescues.
(Ord. 19-O-10, 6-24-2019; amd. Ord. 20-0-01, 1-13-2020)