Swimming Pools Slideshow PUBLIC

Private Residential SWIMMING POOLS

Not applicable to commercial/public swimming pools

City of Waukesha, Wisconsin Dept. of Community Development Part 1 Guidance Explanations Awareness

Part 2 “Permit Application and Site Plan” begins on slide #40 Part 3 “Hand Drawn Permit Application Examples” begins on slide #52 WHAT IS A SWIMMING POOL?

DEFINITIONS: 22.05 (182) Swimming Pool. a receptacle for water, or an artificial pool of water, which has at any point a depth of more than two feet, whether above or below the ground, used or intended to be used by the owner thereof, or invitees, for swimming, and includes all structures, appurtenances, equipment, appliances, and other facilities appurtenant thereto.

Key Points: • Receptacle depth of more than two feet • Intended to be used for swimming These are NOT swimming pools, regardless of depth, because they are not intended for swimming. (other than by fish)

They are not required to be fenced or subject to other swimming pool regulations. Also NOT Swimming Pools Kiddie Pools Wading Pools Not over 24” depth

Not required to be fenced. Permit not required. Spa - Hot Tub Exercise Spa – Swim Spa (Has current for swimming in place.)

NOT intended for swimming IS intended for swimming NOT A SWIMMING POOL IS A SWIMMING POOL NOT required to be enclosed* or to follow other IS required to be enclosed and to follow other swimming pool regulations. swimming pool regulations. Note: *Because of heating and operating cost, hot tubs have thick covers that are in place when not in use.

Both have applicable building and zoning codes that must be complied with. Both would require an Electrical Permit. THESE ARE SWIMMING POOLS

FENCING IS REQUIRED PERMITS ARE REQUIRED These type of swimming pools seem to cause the most confusion as to whether they are actually swimming pools. They are by far the most often found to be in violation. These have a 7” diameter ring that is inflated with air. The inflated ring rises as the receptacle is filled with water until the sides reach their full height. They are not intended to have the water level be higher than the bottom of the ring. The one pictured here is a 30” swimming pool. It has 30” printed on the side (not all manufacturers print the dimensions on the pools). It stands 30” from the ground to the top of the ring. It has 23” deep water and a 7” ring above the water level.

But if over 24” is what defines a swimming pool, and this swimming pool is designed to have a maximum of 23” water depth, THEN WHY IS THIS BEING CALLED A SWIMMING POOL?! Because… IT’S NOT THE DEPTH OF THE WATER WITHIN A RECEPTABLE THAT DEFINES A SWIMMING POOL, IT IS THE DEPTH OF THE RECEPTACLE

Example: Only partially filling a 36” self-rising swimming pool so it does not rise more than 24” in height, does not change the fact that it is still a 36” receptacle/swimming pool. PERMITS You may ask, why do I need a permit and inspection for a simple self-rising ring type pool? It’s just an inexpensive pool I bought at the store. It won’t even be up other than during the summer, so why do I need a permit? There is nothing difficult about setting it up, you just fill it with water, so why do I need it inspected? I’m not hiring a professional and it’s not like I’m installing an inground swimming pool or even a permanent pool!

It’s true, the actual construction of many swimming pools are minor, however, there are many other concerns involved in the installation of swimming pools, many of them, regarding safety. ZONING REGULATIONS:

Whether or not it’s up all year, there are needed regulations SAFETY REQUIREMENTS: for swimming pool placement. ELECTRICAL CODES: They prevent pools from being Clear rescue area, gate locks, put in front yards or street adequate fence designs, proper Proper power supply, possible yards, too close to neighboring latches and closures, chemical houses, having multiple pools pool bonding, equipment treatment, safety awareness, bonding, receptacle types, etc. on a property, excessive setbacks from power lines, equipment noise, drainage nearby conductive materials, nuisances, they ensure etc. conformance with general accessory structure regulations including possible pool deck construction, and so on. If I have a swimming pool that I take down after every summer, does that mean I have to obtain a permit every year?

Only if you change the location or type.

Permits and inspections are approved based on a set of established conditions. If you change the location of the swimming pool from what was approved prior, the conditions will need to be reviewed and approved again under a new permit.

If you change the type of swimming pool, such as changing to a permanent pool, or change to permanent pump and filter equipment, or change the fencing/enclosure, then a new permit will need to be obtained. There are many electrical bonding and power regulations that apply to permanent swimming pools.

Please check with the Community Development Department (262-524-3530 or [email protected]) if you plan to make changes to what was approved. SWIMMING POOLS SHALL BE WALLED OR FENCED (enclosed) ALL SWIMMING POOLS MUST BE ENCLOSED. Even an inexpensive swimming pool that gets taken down during the winter must be enclosed.

Before purchasing ANY swimming pool, you should consider your rear yard. A rear yard with a flat slope, existing fence, and wide-open space, may need little work to install a swimming pool. Perhaps just a couple gate closures and new latches. Whereas, a rear yard with steep grade, small areas, power lines in the way, and no fencing, will need much more work and expense.

Installing a fence can be a significant added expense to the cost of an inexpensive off-the-shelf swimming pool purchase. However, you don’t need to fence the entire yard, just the pool area. Manufacturers have notices about checking for regulations on their products, their packaging, and on their websites. “DETACHED WALL OR FENCE”

22.58(2)h.1. Private swimming pools shall be walled or fenced by a detached wall or fence at least four (4) feet high and no closer to the perimeter walls of the pool than four (4) feet at any point. Such wall or fence must be constructed so as to prevent uncontrolled access by children from the street or adjacent properties. All fence openings or points of entry into the pool area enclosure shall be equipped with gates that have self-closing and self-latching devices placed at the top of the gate. (See Sec. 11.38 of this Code for other requirements regarding swimming pool locks.) The sides of my pool are higher than a 48” fence, so I don’t need to I’ll mount rails to the top of my swimming put a fence around my pool. pool walls to make them higher than 48” so I won’t need a 48” fence around it.

Above ground swimming pools with wall 48” or more in Rails mounted to the top of swimming pool walls are not “detached height, does NOT dismiss the requirement of a fence or wall fences or walls” as required in the swimming pool regulations. enclosing the swimming pool, regardless of the ladder type.

Rails/tall swimming pool walls do not provide the same level of protection as a detached fence with proper gates.

Also, above ground swimming pools are usually partially buried to They can also interfere with rescue access and make them completely level, thereby reducing the above grade maintenance. wall heights. SWIMMING POOL FENCE

ACCEPTABLE CONSTRUCTION 22.58(2)h.1. Private swimming pools shall be walled or fenced by a detached wall or fence at least four (4) feet high and no closer to the perimeter walls of the pool than four (4) feet at any This style of fence is not acceptable. point. Such wall or fence must be constructed so as to prevent uncontrolled access by children from the street or adjacent The horizontal boards have in effect, created a ladder. properties. All fence openings or points of entry into the pool area enclosure shall be equipped with gates that have self- It does not, “prevent uncontrolled access by children”. closing and self-latching devices placed at the top of the gate. (See Sec. 11.38 of this Code for other requirements regarding swimming pool locks.)

A non-residential fence that can be lifted and crawled under, or easily pushed over, is not acceptable construction for preventing uncontrolled access by children nor is it acceptable with other fencing regulations set in the Municipal Codes. (See Municipal Codes section 22.58(2)j.)

FENCING FOR SWIMMING POOL ENCLOSURES MUST ALSO COMPLY WITH THE FENCING REQUIREMENTS ESTABLISHED ELSEWHERE IN THE MUNICIPAL CODES. (Fencing brochures are available) 22.58(2)h.1. All fence openings or points of entry into the pool area enclosure shall be equipped with gates that have self-closing and self-latching devices placed at the top of the gate.

11.38 All swimming pools equipped with gates as required by Sec. 22.58(2)(h)1 of this Code shall have a combination lock or key lock on each gate which shall be locked when no owner or invitee is present within the wall or fence-enclosed area of the pool. There are many acceptable latch and lock designs to choose from. These are probably the best latch design made for swimming pool fence gates. SWIMMING POOL FENCES

ABUTTING DECKS This plan has clear details. It even takes into consideration that the deck BAD PLAN serves as part of the enclosure, clearly shows that Minimal information the deck has railings, and at least one of them is “Deck” could be concrete deck/patio or a wooden constructed per the fencing requirements!! deck that is just a few inches off the ground. GOOD PLAN……..Except! What additional information should be included? ELEVATION VIEW! This is why full details of the enclosure and the rest of the swimming pool plan is needed. The time spent providing information on the plan is well worth not having to redo something that has already be installed and paid for. Another concern with a deck being used as part of the enclosure. SWIMMING POOL FENCES

ABUTTING BUILDINGS

Garage service doors are a concern IF within the enclosure for the swimming pool. Overhead garage doors are often left open, and unlike the house, is more likely for a small child to walk through House Garage the garage to the swimming pool.

Garage service door is made to OR be self-closing, self-latching, House Garage lockable, and the doorknob is relocated high above floor. SWIMMING POOL FENCE

ABUTTING RETAINING WALL Owner doesn’t want to obstruct view by having fence along top of retaining wall.

Retaining wall can serve as swimming pool enclosure as long as it is: • At least 48” high • Is not easily climbable • Fence extends past wall to prevent walking around end of fence.

WALLS USED FOR SWIMMING POOL ENCLOSURES Border Walls Building Walls

Retaining Walls This is another example of why it is Although a common important to provide details on the construction method or material plans submitted with the permit may have been used to build a application. retaining wall, that design may no longer be acceptable once Don’t leave it up to the Inspector to the wall becomes used as a decide on the job after it has already portion of a swimming pool been constructed. enclosure.

A wall that is easily climbed does not provide adequate prevention of uncontrolled access by children.

So what is considered easily climbable? There are too many design possibilities and child ages to show all conditions.

This needs to be decided on individual cases during permit issuance. Great enclosure wall IF at least one of the walls is 48” high or more.

NOT acceptable to total the height of the two walls to obtain the 48” min height requirement. Not everything can be regulated or foreseen.

PROPERTY OWNERS MUST MAKE GOOD DECISIONS. Part 2

PERMIT APPLICATION AND SITE PLAN When applying for a swimming pool permit, you will need to provide a site plan and details on the enclosure. The following slides should help you with preparing these. The application has a list of items that need to be shown on the plan.

The following slides will show how some of these items can be shown and then a couple examples of hand drawn plans.

CONSIDER WHERE YOUR POOL WILL DRAIN TO 22.58(2)h.5. No water drained from swimming pools shall be discharged onto adjacent properties without written consent of the owner, or into a municipal sanitary sewerage system, or directly into a navigable body of water.

Minimal slope, likely not a problem if water released slowly.

Steep slope, likely will be a problem even if water is drained slowly.

NOT ALLOWED IN SEWERS

Drainage direction of rear yard. Not the best ideas for swimming pool location. Pool should probably be farther away, especially if slope is steep. A hose and/or pump could be used to redirect the discharged water.

DETAILS (example) Parts of the swimming pool enclosure:

1. 6 ft wood fence

Example

1 2. 48” decorative fence 3. Gate

2 3

4. House wall

Full Site Plan Part 3

Hand Drawn Application Examples

Application forms for Swimming Pool Permits are available online at Permits & Licenses | Waukesha, WI

See the Municipal Code sections listed below for complete, updated, and actual code language. 11.38 Locks for swimming pool gates https://waukesha-wi.gov/DocumentCenter/View/455/1138-Locks-for-Swimming-Pool-Gates-PDF 22.05(182) Swimming pool definition https://waukesha-wi.gov/DocumentCenter/View/596/2205-Definitions-PDF 22.58(1)b. Rear yard and density 22.58(2)c. Pool deck setbacks 22.58(2)h.1. through 10. Pool regulations https://waukesha-wi.gov/DocumentCenter/View/652/2258-Accessory-Use-Regulations-PDF

Questions? Please contact Community Development Department at 262-524-3530 or [email protected]

CITY OF WAUKESHA DEPARTMENT OF COMMUNITY DEVELOPMENT City Hall, 201 Delafield St, Waukesha WI 53188 www.waukesha-wi.gov (262)524-3750

Aug 2020