As used in this chapter, "outdoor swimming pool" means any artificial water pool of steel, masonry, concrete, aluminum or plastic construction located out of doors, which has a water surface area of 300 square feet or more, or a depth at any point of more than two feet, or both.
(Ord. 1983-35. Passed 4-11-84.)
1276.02 FENCE REQUIRED.
(a) Every swimming pool installed in the Village or the premises upon which the swimming pool is located shall be enclosed by a fence of rigid construction of at least 48 inches in height and constructed so as to prevent access to such pool by small children.
(b) The gate or gates in such fence shall be kept locked at all times when such pool is not in use.
(c) In lieu of maintaining a fence, a semi-permanent pool located entirely above ground level shall be protected, when not in use, by the removal from the pool area of all ladders or other devices that afford access to the pool.
(Ord. 2015-4. Passed 2-18-15.)
1276.03 COMPLIANCE REQUIRED.
No permanent or temporary swimming pool installed after this section becomes effective, which is not enclosed in a permanent building or like structure, shall be constructed or maintained unless and until the requirements and conditions hereinafter enumerated are complied with.
(Ord. 1983-35. Passed 4-11-84.)
1276.04 DISTANCE BETWEEN POOL AND PROPERTY LINES.
Every pool hereafter built must be so located upon the lot or parcel as to allow a safe distance between the pool and the property lines, so that children can be readily observed while approaching or in the vicinity of the pool. A distance of fifteen feet from each property side line and rear line and fifteen feet to the rear of the main building to which the pool is accessory shall be presumed a minimum safe distance for such purpose.
(Ord. 1983-35. Passed 4-11-84.)
1276.05 CONFORMITY TO NATURAL GRADE.
Every permanent swimming pool, constructed within an excavation in the ground, hereafter constructed or created, must substantially conform to the natural grade of the surrounding land, and no part thereof, other than a diving board or similar equipment and the fence referred to in Section 1276.02, shall be higher than such grade.
(Ord. 1983-35. Passed 4-11-84.)
1276.06 DRAINAGE.
Every pool shall be so constructed that it can be drained on the individual's own property or shall have a sump located in its deepest part, for the purpose of pumping out all of the water into a natural drain, approved by the Building Inspector. All drain water must be conducted to its proper discharge point by means of tightly sealed tile pipe or hose. Under no circumstances shall any water from the pool or from its use be permitted to drain towards or onto any adjoining properties.
(Ord. 1983-35. Passed 4-11-84.)
1276.07 ILLUMINATION.
If flood or other artificial light is used to illuminate the pool at night, none of the lights shall be used after 10:30 p.m., and all noise in connection with pool activity must cease, if the pool is located within 200 feet of any building used for dwelling purposes. The lights shall also be shielded to direct light only on the pool.
(Ord. 1983-35. Passed 4-11-84.)
1276.08 POOL INTERIOR SURFACES AND FILTRATION.
(a) All swimming pools shall have smooth interior surfaces that can be readily kept clean. When in use, pools shall at all times be kept free of leaves, debris, wood or any other materials which might endanger the safety or health of the users.
(b) All swimming pools having a capacity of 10,000 gallons of water or more shall be equipped with a filtration unit of sufficient size and capacity, and also a chlorination unit, to insure healthful operation and maintenance of the pool.
(Ord. 1983-35. Passed 4-11-84.)
1276.09 PERMIT REQUIRED; FEE.
No swimming pool shall be hereafter constructed or established unless a permit is first obtained from the Building Inspector. The fee for such permit shall be found in Chapter 1428 of these Codified Ordinances.
(Ord. 2014-23. Passed 6-18-14.)
1276.10 APPEAL ON REFUSAL TO ISSUE PERMIT.
A refusal by the Building Inspector to issue a permit may be appealed in writing to Council within ten days after such refusal. Council shall then, in accordance with its rules of procedure, investigate such application and refusal and render final judgment based upon whether the provisions of this chapter have been and will be complied with.
(Ord. 1983-35. Passed 4-11-84.)
Bentleyville City Zoning Code
CHAPTER 1276
Outdoor Swimming Pools
1276.01 OUTDOOR SWIMMING POOL DEFINED.
As used in this chapter, "outdoor swimming pool" means any artificial water pool of steel, masonry, concrete, aluminum or plastic construction located out of doors, which has a water surface area of 300 square feet or more, or a depth at any point of more than two feet, or both.
(Ord. 1983-35. Passed 4-11-84.)
1276.02 FENCE REQUIRED.
(a) Every swimming pool installed in the Village or the premises upon which the swimming pool is located shall be enclosed by a fence of rigid construction of at least 48 inches in height and constructed so as to prevent access to such pool by small children.
(b) The gate or gates in such fence shall be kept locked at all times when such pool is not in use.
(c) In lieu of maintaining a fence, a semi-permanent pool located entirely above ground level shall be protected, when not in use, by the removal from the pool area of all ladders or other devices that afford access to the pool.
(Ord. 2015-4. Passed 2-18-15.)
1276.03 COMPLIANCE REQUIRED.
No permanent or temporary swimming pool installed after this section becomes effective, which is not enclosed in a permanent building or like structure, shall be constructed or maintained unless and until the requirements and conditions hereinafter enumerated are complied with.
(Ord. 1983-35. Passed 4-11-84.)
1276.04 DISTANCE BETWEEN POOL AND PROPERTY LINES.
Every pool hereafter built must be so located upon the lot or parcel as to allow a safe distance between the pool and the property lines, so that children can be readily observed while approaching or in the vicinity of the pool. A distance of fifteen feet from each property side line and rear line and fifteen feet to the rear of the main building to which the pool is accessory shall be presumed a minimum safe distance for such purpose.
(Ord. 1983-35. Passed 4-11-84.)
1276.05 CONFORMITY TO NATURAL GRADE.
Every permanent swimming pool, constructed within an excavation in the ground, hereafter constructed or created, must substantially conform to the natural grade of the surrounding land, and no part thereof, other than a diving board or similar equipment and the fence referred to in Section 1276.02, shall be higher than such grade.
(Ord. 1983-35. Passed 4-11-84.)
1276.06 DRAINAGE.
Every pool shall be so constructed that it can be drained on the individual's own property or shall have a sump located in its deepest part, for the purpose of pumping out all of the water into a natural drain, approved by the Building Inspector. All drain water must be conducted to its proper discharge point by means of tightly sealed tile pipe or hose. Under no circumstances shall any water from the pool or from its use be permitted to drain towards or onto any adjoining properties.
(Ord. 1983-35. Passed 4-11-84.)
1276.07 ILLUMINATION.
If flood or other artificial light is used to illuminate the pool at night, none of the lights shall be used after 10:30 p.m., and all noise in connection with pool activity must cease, if the pool is located within 200 feet of any building used for dwelling purposes. The lights shall also be shielded to direct light only on the pool.
(Ord. 1983-35. Passed 4-11-84.)
1276.08 POOL INTERIOR SURFACES AND FILTRATION.
(a) All swimming pools shall have smooth interior surfaces that can be readily kept clean. When in use, pools shall at all times be kept free of leaves, debris, wood or any other materials which might endanger the safety or health of the users.
(b) All swimming pools having a capacity of 10,000 gallons of water or more shall be equipped with a filtration unit of sufficient size and capacity, and also a chlorination unit, to insure healthful operation and maintenance of the pool.
(Ord. 1983-35. Passed 4-11-84.)
1276.09 PERMIT REQUIRED; FEE.
No swimming pool shall be hereafter constructed or established unless a permit is first obtained from the Building Inspector. The fee for such permit shall be found in Chapter 1428 of these Codified Ordinances.
(Ord. 2014-23. Passed 6-18-14.)
1276.10 APPEAL ON REFUSAL TO ISSUE PERMIT.
A refusal by the Building Inspector to issue a permit may be appealed in writing to Council within ten days after such refusal. Council shall then, in accordance with its rules of procedure, investigate such application and refusal and render final judgment based upon whether the provisions of this chapter have been and will be complied with.