It shall be unlawful to construct, maintain, install or enlarge any swimming pool or hot tub in the town except in compliance with all the provisions of this subchapter.

(Ord. 1995-12, passed 7-6-95; Am. Ord. 2020-7, passed 10-12-20) Penalty, see § 154.999

      (1)   Hydrojet circulation;

      (2)   Hot water; and

      (3)   Cold water.

(Ord. 1995-12, passed 7-6-95; Am. Ord. 2020-7, passed 10-12-20)

(Ord. 1995-12, passed 7-6-95; Am. Ord. 2020-7, passed 10-12-20)

   It shall be unlawful to proceed with the construction, installation, enlargement or alteration of any swimming pool, hot tub and appurtenances within the town unless zoning fees and building permit fees have been paid and permit issued from the town in accordance with the procedures set forth in this chapter.

(Ord. 1995-12, passed 7-6-95; Am. Ord. 2020-7, passed 10-12-20) Penalty, see § 154.999

   (A)   All drawings and plans for the construction, installation, enlargement or alteration of any swimming pool, hot tub and appurtenances shall first be presented to the Zoning and Building Inspector for examination and approval as to proper location and construction.

   (B)   All such drawings and plans shall accurately portray the relevant lot lines and setback distances and include information as to the pool or hot tub, walk and fence construction, water supply system, drainage and water disposal systems and all appurtenances pertaining to the swimming pool or hot tub. Detail plans and vertical elevations shall also be provided in accordance with all applicable building, plumbing and electrical codes.

   (C)   Once such drawings and plans are approved and a permit issued, the construction and location of the swimming pool, hot tub and its appurtenances shall be constructed in strict conformance to such plans.

(Ord. 1995-12, passed 7-6-95; Am. Ord. 2020-7, passed 10-12-20)

   All swimming pools or hot tubs shall be of the recirculation type in which circulation of the water is maintained through the swimming pool or hot tub pumps; the water drawn from the swimming pool or hot tub shall be clarified and disinfected before being returned to the swimming pool or hot tub.

(Ord. 1995-12, passed 7-6-95; Am. Ord. 2020-7, passed 10-12-20)

      (2)   To a depth of six feet, except as in division (A) above, the wall’s slope shall not be less than one foot horizontal and six feet vertical.

(Ord. 1995-12, passed 7-6-95; Am. Ord. 2020-7, passed 10-12-20)

   The slope of the bottom of any part of a swimming pool in which the water is less than five feet in depth shall be not more than one foot in each ten feet. The maximum slope where water is five feet or more in depth shall not exceed one foot in two feet.

(Ord. 1995-12, passed 7-6-95; Am. Ord. 2020-7, passed 10-12-20)

   Unobstructed walk areas of not less than 36 inches shall be provided to extend entirely around any in-ground swimming pool. The walk area shall be constructed of impervious material, and the surfaces shall be such as to be smooth and easily cleaned and of non-slip construction. The slope of the walks shall have a pitch of at least one-fourth inch to the foot designed to prevent back drainage from entering the swimming pool. On all above-ground swimming pools a walk area shall be required. Where such walk area is provided, however, it must be surrounded by a fence or railing.

(Ord. 1995-12, passed 7-6-95; Am. Ord. 2020-7, passed 10-12-20)

   All outdoor swimming pools shall be completely enclosed by a fence. Such fence may either be used to enclose only the swimming pool itself or may be a fence which provides a continuous barrier to the portion of the yard where the swimming pool is located. The structural sides of an above-ground swimming pool may be used in satisfying a portion of the fence height requirement. In all cases a height of six feet shall be met by all vertical fence extensions from the side or other means. Retractable stairs which are self-latching are acceptable substitutes for closing gates. All fence openings or points of entry into the swimming pool area enclosures shall be equipped with gates. The fence and gates shall be six feet in height above the grade level. All gates shall be equipped with self- closing and self-latching devices placed at the top of the gate. Fence posts shall be decay or corrosion-resistant and shall be set in concrete bases or by manufacturer’s specifications.

(Ord. 1995-12, passed 7-6-95; Am. Ord. 2020-7, passed 10-12-20)

   In every swimming pool, at least one or more means of egress in the forms of steps or ladders shall be provided.

(Ord. 1995-12, passed 7-6-95; Am. Ord. 2020-7, passed 10-12-20)

   (A)   Swimming pools shall be equipped with facilities for completely emptying the swimming pool or hot tub, and discharge of the swimming pool or hot tub water to the storm sewer shall be at a rate not exceeding 200 gallons per minute. No direct connection shall be made to the storm sewer.

   (B)   Water drained from the swimming pool or hot tub shall not be discharged into the storm sewer during periods of rains or storms. At no time shall the rate of drain water discharge exceed a flow of 200 gallons per minute.

(Ord. 1995-12, passed 7-6-95; Am. Ord. 2020-7, passed 10-12-20)

   (A)   All electrical installations provided for, installed and used in conjunction with private residential swimming pools or hot tubs shall be in conformance with ordinances and state regulations regulating electrical installations; however, ground fault interrupters shall be required in all instances.

   (B)   No current carrying electrical conductors shall cross private residential swimming pools or hot tubs either overhead or underground or within 15 feet of such pools or hot tubs.

   (C)   All metal fences, enclosures or railings near or adjacent to swimming pools or hot tubs which might become electrically alive as a result of contact with broken overhead conductors or from any other cause shall be effectively grounded.

(Ord. 1995-12, passed 7-6-95; Am. Ord. 2020-7, passed 10-12-20)

   The Building Inspector periodically may inspect any swimming pools or hot tubs to determine whether or not the provisions of the ordinances have been complied with and maintained.

(Ord. 1995-12, passed 7-6-95; Am. Ord. 2020-7, passed 10-12-20)

   The fee for a permit for the erection or construction of a swimming pool or hot tub shall be $150.00. All swimming pool or hot tub permit applicants shall be required to pay an initial $5.00 zoning permit fee upon application. In addition, an initial inspection fee shall be paid in the amount of $25.00. Each additional inspection shall be $25.00.

(Ord. 1995-12, passed 7-6-95; Am. Ord. 1998-7, passed 10-19-98; Am. Ord. 2020-7, passed 10-12- 20)

   Private swimming pools and hot tubs shall be permitted in all residential districts and in other districts only by way of special exception from the Board of Zoning Appeals.

(Ord. 1995-12, passed 7-6-95; Am. Ord. 2020-7, passed 10-12-20)

   All swimming pools or hot tubs not in compliance with this chapter erected or maintained prior to the effective date of this chapter shall be deemed to be nonconforming uses.

(Ord. 1995-12, passed 7-6-95; Am. Ord. 2020-7, passed 10-12-20)

   Each day any portion of this subchapter is violated shall constitute a separate offense. Failure to comply with the requirements of this subchapter shall result in either a denial or revocation of the permit and immediate cessation of any installation work and the person and entity performing the installation work are subject to the fines set forth in § 10.99 General Penalty.

(Ord. 2020-7, passed 10-12-20)