Township of East China, MI
St. Clair County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Charter Township of East China 11-18-1980 by Ord. No. 117 as Ch. 5-06 of the 1980 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Electrical standards — See Ch. 227.
Zoning — See Ch. 480.

§ 408-1 Purpose.

The installation, operation, and maintenance of private swimming pools shall be regulated and controlled.

§ 408-2 Definitions.

The several words and phrases used in this chapter shall have respective meanings hereinafter described:
PERSON
All individuals, groups of individuals, copartnerships, associations, firms or corporations. The singular shall include the plural and the masculine the feminine.
SWIMMING POOL
Any structure or container, either above or below grade, located either entirely or partly in the open outside of an enclosed building, designed to hold water to a depth of more than 18 inches when filled to capacity, intended for immersion of the human body for swimming or wading purposes, and used as a private, nonpublic pool.

§ 408-3 Building permit application.

The application for a building permit to erect a swimming pool shall include:
A. 
The name of the owner;
B. 
A plot plan and location of adjacent buildings, fencing, gates, public utilities;
C. 
Specifications and plans of pool walls, slope, bottom, walkway, and diving boards;
D. 
Type and rating of auxiliary equipment;
E. 
Piping and valve layout; and
F. 
Any other detailed information affecting construction and safety features deemed necessary by the Building Inspector.

§ 408-4 Construction regulations.

A. 
Location.
(1) 
Side yard setback. Minimum side yard setback shall comply with the provisions of the district.
(2) 
Front yard or corner lot side yard prohibition. Furthermore, the pool fence must not be built within the required front yard or required corner lot side yard.
(3) 
Rear yard or building setback. Rear yard setback shall not be less than four feet between the pool outside wall and the rear property line, nor less than the established easement width at the rear property line, if any, nor less than four feet between pool wall and any building on the lot.
B. 
Electrical. All electrical connections must be in accordance with the National Electrical Code as adopted by the Township.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See Ch. 227, Electrical Standards.
C. 
Drainage. It shall be unlawful to drain swimming pools in such a manner that the water enters the Township's sanitary sewer system.
D. 
Lighting. Lights used to illuminate any swimming pool shall be so arranged and shaded as to reflect light away from adjoining premises.
E. 
Fence enclosure.
(1) 
Aboveground pools.
(a) 
Less than four-foot-high walls. Aboveground pools less than four feet of wall height shall be completely enclosed by a fence not less than four feet in height.
(b) 
Four-foot-high walls. Pools with a wall height of four feet above ground need not be enclosed by a fence; however, the pool shall be equipped with a safety ladder.
(c) 
Permanent steps. Aboveground pools with permanent steps shall have a gate attached to the top step with a self-closing and self-latching gate which shall be securely locked with a tamperproof lock when the pool is not in use.
(2) 
In-ground pools. In-ground pools shall be completely enclosed by a fence not less than four feet in height.
(3) 
Openings. All openings in any fence enclosing a swimming pool shall be equipped with a self-closing, self-latching gate which shall be securely locked with a tamper-proof lock when the pool is not in use.

§ 408-5 Operation and maintenance.

A. 
Supervision. No person shall maintain a swimming pool on his premises without providing adequate supervision at all times when the swimming pool is in use, in order that no person may be injured by or drowned therein.
B. 
Sanitary measures. Every swimming pool and the ground surrounding it shall be kept clean and in a sanitary condition and maintained free from garbage, trash and other refuse.
C. 
Unnecessary noise. It shall be unlawful for any person to make, continue, or cause to be made or continued at any swimming pool any loud, unnecessary, or unusual noise, or any noise which annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others. In the operation of a swimming pool, the use or permitting the use of or operation of any radio, receiving set, musical instrument, phonograph or other machine or device for the reproducing of sound in such manner as to disturb the quiet, peace, and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the swimming pool shall be unlawful.
D. 
Interference with rights of others. No swimming pool or family pool shall be so located, designed, operated or maintained as to interfere unduly with the enjoyment of their property rights by owners of property adjoining the swimming pool or located in the neighborhood.

§ 408-6 County Health Department monitoring.

A. 
Right of inspection established. The County Health Department may inspect or cause to be inspected all swimming pools within the Charter Township of East China at such times as it may deem necessary to carry out the intent of this chapter.
B. 
Authorization to require compliance. The Health Department is hereby authorized to enter upon any premises, to take such samples of water from such pool at such times as it may deem necessary and to require the owner, proprietor or operator to comply with the provisions of this chapter.
C. 
Power to suspend use. In the event of the failure of compliance after due notice with the requirements of this chapter, the Health Department shall have the power to abate or cause a suspension of the use of such swimming pool until such time as the same is, in the opinion of the Health Department, no longer a menace to public health or safety.

§ 408-7 Conflicting provisions.

In the event of any conflict between the provisions of this chapter and any provision of state law or requirement, rule or regulation of the State Department of Public Health or St. Clair County Health Department, the provision imposing the higher standard or the more stringent requirement shall be controlling.