It shall be unlawful to construct or establish a private swimming pool within the City of Oak Hill as defined without having obtained a permit in the manner prescribed in this ordinance. Any swimming pool to be constructed or substantially altered after January 1, 2011 shall be required to install a pool surface alarm and otherwise comply with Tennessee Code Annotated, § 68-14-801 et seq.

(a)

Permits. Application for the construction of a private swimming pool shall be made to the city manager, or designee, by the owner of the property or by the contractor who will construct said swimming pool. Application shall be accompanied by a set of plans, specifications and site plans of the property. The site plans shall show the accurate location of the proposed swimming pool and discharge system on the property, together with any proposed bathhouses, cabanas or other facilities. Site plans shall also show the location, height and type of all existing fences or walls on the property, together with the type and height of such fencing or enclosures as may be required by this ordinance to prevent, within reason, any person from gaining access beneath or through said fence when the pool is unguarded or unattended.

A fee shall be paid to the City of Oak Hill for such pool permit. Said fee shall be exclusive of the permit fee required for erection of any accessory structure to be used in connection with such swimming pool.

No permit for a private swimming pool shall be issued by the city manager, or designee, until the plans, specifications and site plan have been approved by the City of Oak Hill.

Any fees prescribed by this section shall be determined, from time to time, by resolution of the board of commissioners.

(b)

Construction and maintenance. All material used in the construction of pools as herein defined shall be waterproofed and easily cleaned, and shall be such that the pool may be maintained and operated so as to be clean and sanitary at all times. The pool structure, i.e. structure holding the water, shall be constructed from permanent materials such as concrete, gunite or fiberglass.

All private swimming pools having a depth of more than thirty (30) inches shall be constructed below the level of the surrounding land. This requirement shall not apply to a hot tub or spa, designed, installed and used above ground level. For properties with slopes of ten (10%) percent or greater, a portion of the pool enclosure (or structure), no greater than fifty (50%) percent, may be built above the ground of the surrounding land (or slope line) as illustrated below. The pool deck is not considered part of the pool enclosure for this calculation.

The owners shall be responsible for maintaining said pool in such condition as to prevent breaks in the pool or water from the pool overflowing into adjacent public or private property.

(c)

Water supply. There shall be no physical connection between a potable public or private water supply system and such pools at a point below maximum waterline of the pool or to a recirculating or heating system of said pool.

(d)

Discharge system. All pools hereafter constructed shall be provided with one (1) drainage outlet not to exceed three (3) inches in diameter extending from the pool to either a brook, storm sewer, lawn-sprinkling system on the premises on which the pool is located, or to an adequate drainage area approved by the city manager, or designee. The discharge of water from such pools shall be permitted only following approval by the proper state, county or city officials as each case requires. The city manager or designee shall inspect the premises on which such pool is proposed to be constructed in order to determine the proper place and type of connection for discharge of the water there from. Approval shall not be given to discharge water at the curb or upon the surface of any street, or onto or across adjacent property unless the owner of the property affected shall give written consent for this to be done and shall agree to waive any claim against the city and the property owners involved for any resulting damage to property.

(e)

Disinfection. All private swimming pools shall be treated with chlorine (or other generally appropriate chemicals) in sufficient quantity so that there will be present in the water at all times when the pool is in use a residual of excess chlorine of not less than two hundredth (0.20) parts per million of available free chlorine.

(f)

Bacteriological standards. Not more than twenty (20%) percent of the samples of water taken from any private swimming pool, when more than 20 samples have been examined, and not more than three (3) samples, when less than twenty (20) samples have been examined, shall contain more than 200 bacteria per cubic centimeter or shall show positive tests (confirmed) for chloroform in any of five (5) to ten (10) cubic centimeter portions of water at times when the pool is for use. For the purpose of this section, any number of samplings of water on a single day shall be considered as one (1) sample. The city manager, or designee, may make arrangements with the Davidson County Health Department to take and analyze water samples for the City of Oak Hill.

(g)

Accessory buildings. The construction and design of any pool houses and other approved, pool-related facilities shall be kept in a sanitary condition at all times and shall be of the same general character and design as the principal residence or building on the property.

(h)

Location. Private swimming pools shall be located in compliance with Section 14-121.

(i)

Fencing. All private residential swimming pools shall be completely enclosed by a fence, wall, building, or combination thereof, provided that all such barriers shall be not less than four (4) feet in height. All gates allowing access to the pool area from the exterior of the building shall be self-latching and all such latches shall be a minimum of four (4) feet above ground level. Gates leading directly to the area must be kept closed at all times unless premise occupants are in the vicinity of the area and can observe entry to the area through open gates. Barriers, including gates, shall be maintained in good repair at all times. All fencing shall meet the requirements of the current building code.

(j)

Lighting. No artificial lighting shall be maintained or operated in connection with private swimming pools in such a manner as to be a nuisance or an annoyance to neighboring properties. All lighting shall comply with section 14-141 lighting - dark sky regulations. No overhead current-carrying electrical conductors shall be within fifteen (15) feet horizontally of a pool. All metal fences, enclosures or railings near or adjacent to private swimming pools, which might become electrically alive as a result of contact with broken overhead conductors or from any other cause shall be effectively grounded.

(k)

Operation and maintenance. All private swimming pools shall be maintained in a clean and sanitary condition and all equipment shall be maintained in a satisfactory operating condition during periods the pool is in use. No private swimming pool shall be used, kept, maintained or operated in the city if such use, keeping, maintaining or operating shall be the occasion of any nuisance or shall be dangerous to life or detrimental to health.

(l)

Enforcement. Every private swimming pool as defined herein constructed or to be constructed in the City of Oak Hill shall at all times comply with the requirements of the Davidson County Board of Health. Any nuisance or hazard to health which may exist or develop in, or in consequence of, or in connection with, any such swimming pools shall be abated and removed by the owner, lessee, or occupant of the premises on which the pool is located within ten (10) days of receipt of notice from the Davidson County Board of Health or from the city manager, or designee, of Oak Hill.

(m)

Penalties and injunctive relief. In addition to any applicable penalty provisions under state law or local ordinance, the city shall have the right to enjoin the existence or operation of any swimming pool not constructed or operated in accordance with the provisions of this ordinance.

(Ord. No. 12-16, Jan. 2013; Ord. No. 2023-04, Exh. A, 2-27-2024)