EXHIBIT B (Amended 4.14.21 and 5.12.21)

ORDINANCE NO: 2021-11

CHAPTER 1323 Swimming and Other Recreational Pools

1323.01 DefinitionDefinitions. 1323.02 Permit application; approval of plans. 1323.03 Distance between pool and Location, distance from property lines. 1323.04 Fence or other protections required. 1323.05 Conformance to natural grade. 1323.06 Drainage. 1323.07 Illumination. 1323.08 Plan submission and contents. 1323.09 Permit required. 1323.10 Appeal on refusal to issue permit. 1323.11 Accessory swimming pool building. 1323.12 Pool pumps, filters and other related equipment.

CROSS REFERENCES Fee - see BLDG. 1313.22

1323.01 DEFINITION.

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 square foot water surface area of 200 square feet or more or a depth at any point of more than two feet, or both. (Ord. 1968-43. Passed 9-11-68.)

1323.01 DEFINITIONS.

As used in the Codified Ordinances:

(a) "Swimming pool" means any artificial body of water made of steel, masonry, concrete, aluminum, plastic, fiberglass, vinyl or similar construction, located out-of- doors, which is intended for swimming or recreational bathing and which has a depth at any point of more than three (3) feet and a water surface area of over 100 square feet. This definition does not include “wading pools” as defined in this section.

(b) “Hot tub” includes an artificial body of water located out-of-doors that can be heated and that is designed for seating and not for swimming or wading.

(c) “Swim spa” includes any artificial body of water made of steel, masonry, concrete, aluminum, plastic, fiberglass, vinyl or similar construction located out-of-doors, which a manufacturer has designed and constructed to be permanent or semi-permanent and not

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relocated or stored on a seasonal basis, which is intended for swimming, is rectangular or oblong in shape and which has been manufactured to generate a current against which a person can swim for purposes of exercise.

(d) “Plunge pool” means an artificial body of water made of steel, masonry, concrete, aluminum, plastic, fiberglass, vinyl or similar construction, located out-of-doors, which is designed and constructed to be permanent or semi-permanent and not relocated or stored on a seasonal basis, which is not intended for swimming but rather for recreational bathing, and which has a depth at any point of more than four (4) feet and a water surface area of 100 square feet or less.

(e) “Wading pool” means a temporary portable artificial body of water intended for recreational bathing or other recreational use contained in an inflatable, plastic or vinyl device, without metallic or other rigid support elements, which has a water surface area of 80 square feet or less and a maximum water depth that does not exceed thirty (30) inches.

1323.02 PERMIT APPLICATION; APPROVAL OF PLANS.

Before work is commenced on the construction , erection, or placement of a swimming pool , swim spa, plunge pool or hot tub, or on any alteration, addition, remodeling , relocation or other improvement thereto, an application for a permit to construct , erect or place, and the plans and specifications and pertinent explanatory data hereinafter required , shall be submitted to the Building Inspector for approval. No part of the work shall be commenced until the Building Inspector has evidenced his or her approval upon such plans and specifications and has granted a permit therefor. (Ord. 1968-43. Passed 9-11-68.)

1323.03 LOCATION; DISTANCE BETWEEN POOL AND FROM PROPERTY LINES.

Every pool hereafter built must be swimming pool, swim spa, plunge pool or hot tub shall be located in the rear yard and 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 thirty (30) feet from each property side line and rear line of a lot or parcel to which the pool is accessory shall be presumed a minimum safe distance for such purpose.(Ord. 1968-43. Passed 9-11-68.)

1323.04 FENCE OR OTHER PROTECTIONS REQUIRED.

Every swimming pool, swim spa, plunge pool or hot tub heretofore or hereafter constructed, erected or placed shall:

Every pool heretofore or hereafter constructed shall have erected around it (a) Be enclosed by a barrier or fence which shall be of rigid construction and , which shall be not less than four feet high, and the bottom line edge of which shall extend be not more than four inches above the ground. Access to the pool , spa or hot tub shall be only through a gate

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or gates in the fence, which shall be securely locked when such pool is not in use by the owner thereof or anyone using the same with his the owner’s permission.; or

(b) Be covered with a manual or automatic safety pool cover that meets all the performance standards of the American Society for Testing and Materials (“ASTM”), in compliance with standard ASTM F1346-91, or a similar subsequently-adopted standard, when not in use by the owner of the pool, spa or hot tub or anyone using the same with the owner’s permission.

(Ord. 1968-43. Passed 9-11-68.)

1323.05 CONFORMANCE TO NATURAL GRADE.

(a) Every outside permanent swimming pool hereafter constructed or created shall be constructed within an excavation in the ground hereafter constructed or created and shall substantially conform to the natural grade of the surrounding land and no part thereof, other than and no greater than fifty percent (50%) of the perimeter of the pool may be above the natural grade of the surrounding land, except that a diving board or similar equipment and the fence referred to in Section 1171.03 (b) and Section 1323.04, shall may be higher than such grade and is not considered a part of the perimeter. Any exposed portions of a swimming pool that are above the natural grade of the surrounding land are subject to review and approval by the Planning Commission to ensure that (a) above-grade portions of a swimming pool shall be finished with stone, tile, concrete or natural materials that are compatible with the pool’s surroundings, and may be enclosed by a retaining wall or similar architectural feature; and (b) above-grade portions of a swimming pool shall be landscaped.

(b) Swim spas may be above or below grade unless they exceed 100 square feet in total water surface area, in which case they shall be considered swimming pools and shall be subject to the in-ground installation requirements in subsection (a).

(d) Hot tubs may be above or below grade unless they exceed 100 square feet in total water surface area or 4.5 feet in depth or height above grade in which case they shall be considered swimming pools and shall be subject to the in-ground installation requirements in subsection (a). (Ord. 1976-26. Passed 6-9-76.)

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1323.06 DRAINAGE.

Every swimming pool , swim spa, plunge pool or hot tub shall be so constructed that it can be drained on the individual's own property on which it is located 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 on to onto any adjoining properties.

(Ord. 1968-43. Passed 9-11-68.)

1323.07 ILLUMINATION.

All pool lighting of swimming pools and other recreational pools regulated by this Chapter shall comply with the requirements of Section 1171.09, Outdoor Lighting Regulations, of these Codified Ordinances, and all electrical equipment shall be installed in accordance with the National Electrical Code, and must be approved by a national testing laboratory recognized by the Building Inspector.

(Ord. 2017-21. Passed 8-9-17.)

1323.08 PLAN SUBMISSION AND CONTENTS.

Plans, specifications and pertinent explanatory data required to be submitted in connection with the application for a permit to construct , erect, or place a swimming pool, swim spa, plunge pool or hot tub, or any alteration, addition, remodeling , relocation or other improvement thereto, shall comply with the requirements of this chapter and shall include the information required by this chapter as well as such other data as may reasonably be requested by the Building Inspector. (Ord. 1968-43. Passed 9-11-68.)

1323.09 PERMIT REQUIRED.

No swimming pool , swim spa, plunge pool or hot tub shall be hereafter constructed , erected, placed, or established unless a permit to do so is first obtained from the Building Inspector.

(Ord. 1968-43. Passed 9-11-68.)

1323.10 APPEAL ON REFUSAL TO ISSUE PERMIT.

A refusal by the Building Inspector to issue a permit may be appealed in writing within ten days after such refusal to the Zoning Board of Appeals. The Board shall then, in accordance with its rules of procedure, investigate review such application and its refusal, and render final judgment based upon whether the provisions of this chapter have been and will be complied with.

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(Ord. 1968-43. Passed 9-11-68.)

1323.11 ACCESSORY SWIMMING POOL BUILDING.

No accessory swimming pool , swim spa, plunge pool or hot tub building shall be constructed unless a permit has been issued by the Planning Commission based on plans and specifications which must comply with all applicable Zoning Code and Building Code provisions.

(Ord. 1999-87. Passed 4-12-00.)

1323.12 POOL PUMPS, FILTERS AND OTHER RELATED EQUIPMENT.

All pool equipment associated with swimming pools, swim spas, plunge pools or hot tubs regulated by this Chapter, including pool water circulation and filtration equipment and other related devices for the operation of these systems, shall comply with the requirements of Section 1171.23 of these Codified Ordinances applicable to pool equipment.

(Ord. 2017-17. Passed 5-10-17.)

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