Section 15.08.110   Adoption of the International Swimming Pool and Spa Code.
   Adoption of code by reference. The provisions of Chapters 1, 2, 3, 7, 8, 9, and 10 of the International Swimming Pool and Spa Code, 2015 edition, published by the International Code Council, Inc., are hereby adopted by this reference, subject only to the additions, deletions and modifications specifically set forth within this Code.
    A.   Exclusions. The following provisions of the International Swimming Pool and Spa Code, 2015 edition, are excluded from adoption by the Village. Where a range of sections is listed, the exclusion includes all sections and subsections within the specified range.
      1.   104.7 Department records.
      2.   105.5 Expiration. (Superseded by Section 15.32.190 of the Village Code.)
      3.   105.6 Fees. (Superseded by Section 15.32.020 of the Village Code.)
      4.   105.6.3 Fee refunds. (Superseded by Section 15.32.030 of the Village Code.)
      5.   Section 108 Means of Appeals. (Superseded by WVC Chapter 3.44)
   B.    Amendments. The following provisions of the International Swimming Pool and Spa Code, 2015 edition are amended for adoption by the Village and shall read as follows:
      1.   101.1 Title. Insert "the Village of Winnetka, Cook County, Illinois" for "[name of jurisdiction]".
      2.   101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement, renovation, replacement, repair and maintenance of residential swimming pools and residential spas. The pools and spas covered by this code are either permanent or temporary, and shall be only those that are designed and manufactured to be connected to a circulation system and that are intended for swimming, bathing or wading.
      3.   102.7.2 Illinois Plumbing Code. Whenever a reference is made to the International Plumbing Code, such reference shall be deemed to refer to the applicable section of the Illinois Plumbing code, as adopted by the Village of Winnetka.
      4.   103.1 Creation of enforcement agency. The Department of Community Development created pursuant to Chapter 2.44 of the Village Code is hereby established as the enforcement agency for this building code, and the Director of Community Development shall be known as the building code official.
      5.   107.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a misdemeanor. If the notice of violation is not complied with, the Code Official may institute the appropriate proceeding at law or in equity to restrain, correct, or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises may be charged against the real estate upon which the structure is located and may be a lien upon such real estate.
      6.   107.4 Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws and shall be subject to penalties and fines as provided in Section 15.04.110 of the Village Code.
      7.   Section 202 Definitions. Add: "Private swimming pool" means a man-made rigid or semi-rigid receptacle for water having a depth at any point greater than eighteen (18) inches, used or intended to be used for swimming, wading or bathing and constructed, installed or maintained in or above the ground, and which is used exclusively by the owner or occupant of the lot or premises in the Village on which it is located, his or her family and his or her guests.
      8.   302.1 Electrical. Electrical requirements for residential swimming pools and residential spas shall be in accordance with the National Electrical Code - NFPA 70, 2014 edition, and as applicable in accordance with Section 102.7.
      9.   302.2 Water service and drainage. Piping and fittings used for water service, makeup and drainage piping for residential swimming pools and spas shall comply with the State of Illinois Plumbing Code, 2014 or current edition. Fittings shall be approved for installation with the piping installed.
      10.   305.1 General. The provisions of this section shall apply to the design of barriers for residential swimming pools and spas. These design controls are intended to provide protection against the potential drowning and near drowning by restricting access to such vessels. These requirements provide an integrated level of protection against potential drowning through the use of physical barriers and warning devices.
         Exceptions:
         1.   Spas and hot tubs with a lockable safety cover that complies with ASTM F 1346.
      11.   305.2.1 (5). A fence on an adjoining property or building or existing wall complying with the requirements in this section may be used as part of the enclosure, with the approval of the Community Development Director, if the resultant enclosure is sufficient to make the pool inaccessible to small children. If at any time said existing fence or wall being used as part of the enclosure is removed, the enclosure of the pool shall immediately be made to meet the requirements of the section at the pool owner's expense.
(MC-5-2019, Added, 06/04/2019)