When used in this chapter, certain words and terms shall have the following
meanings:
ABOVEGROUND SWIMMING POOL
All swimming pools having all or any section of their exterior wall
above the surrounding ground level.
IN-GROUND SWIMMING POOL
All swimming pools having their entire water surface below the level
of the surrounding ground.
PERMANENT CONSTRUCTION
The installation of an aboveground or belowground swimming pool which
requires more than one foot of excavation for any part of the pool, and/or
constructed of concrete, wood, metal or other materials and/or encircled or
partly encircled by deck or platform, any part of which cannot be dismantled
for storage.
SWIMMING POOL
All private or semiprivate swimming, bathing, wading pools, ponds
or tanks above or below the ground of permanent or temporary nature, which
have a depth of more than 24 inches and/or a water surface of more than 100
square feet and those which are excavated, erected, constructed or created
by damming of a stream, whether out of doors or inside a structure or building.
TEMPORARY CONSTRUCTION
The installation of an aboveground swimming pool which requires less
than one foot excavation for any part of the pool, with no platform encircling
or partly encircling the pool, other than an entrance platform four feet by
four feet maximum size, all of which can be dismantled and stored.
The location of a permanent or temporary swimming pool on the property
must:
A. Not be placed in the front yard.
B. Be at least 15 feet from any side yard line and rear
yard line.
C. Be at least 15 feet from any house basement.
D. Be at least 20 feet from any active well, septic tank,
leach bed, etc., unless conditions warrant a lessening or increasing of this
distance.
E. Not endanger the health and/or safety of its user and
does not unduly interfere with the use and enjoyment of the adjacent property.
[Amended 12-23-1997 by L.L.
No. 5-1997]
Outdoor swimming pools shall be provided with an enclosure which shall
comply with the following:
A. It shall be at least four feet in height and have a maximum
vertical clearance to grade of two inches.
B. Where a picket-type fence is provided, the horizontal
openings between pickets shall not exceed four inches.
C. Where a chain link fence is provided, the openings between
links shall not exceed 23/8 inches.
D. The enclosure shall be constructed so as not to provide
footholds.
E. Pickets and chain link twists shall extend above the
upper horizontal bar.
F. Such enclosure shall have railings and posts within the
enclosure, which shall be capable of resisting a minimum lateral load of 150
pounds applied midway between the posts and the top of the posts. The enclosure,
fence material or fabric shall be capable of withstanding a concentrated lateral
load of 50 pounds applied anywhere between supports on an area 12 inches square,
without failure or permanent deformation. Gates provided in the enclosure
shall be self-closing and self-latching with the latch handle located within
the enclosure and at least 40 inches above grade.
G. A wall of a dwelling is permitted to serve as part of
the enclosure under the following conditions:
(1) Windows in the wall shall have a latching device at least
40 inches above the floor;
(2) A swinging door in the wall shall be self-closing and
self-latching; and
(3) A sliding door in the wall shall have a self-latching
device.
H. Where an aboveground pool has a deck which abuts or is adjacent to a dwelling and direct access to the deck is through the exterior wall of the dwelling, such access shall be in accordance with Subsection
G of this section.
Every swimming pool presently constructed or installed or hereafter
constructed or installed shall be maintained at all times in such manner as
never to constitute a public nuisance, a hazard or a menace to health or safety.
Any such hazard which may exist or develop in or in consequence of or in connection
with any such swimming pool shall be forthwith abated and/or removed by the
person in possession, owning or having jurisdiction over such pool, upon receipt
of notice from the town.
Use of a swimming pool shall be in a reasonable manner and at reasonable
times so as not to cause undue discomfort and/or annoyance to adjacent residents.
[Amended 12-23-1997 by L.L.
No. 5-1997]
Any person, firm or corporation who or which shall violate the provisions of this chapter shall be punishable, upon conviction, as provided in Chapter
1, General Provisions, Article
III.