As used in this chapter, the following terms
shall have the meanings indicated:
ABANDONED
Any condition of neglect evidencing a lack of use, maintenance,
or repair for such period of time (not less than 60 days) as to indicate
an intention to make no further use of the pool.
BARRIER
A fence, wall, building wall or a combination thereof, which
completely surrounds the swimming pool and obstructs access to the
swimming pool.
POOL DEPTHS
The distance between the floor of the pool and the maximum
operating level.
PRIVATE POOLS
Any indoor or outdoor artificial basin containing a body
of water, which is used for swimming, wading, diving, recreative bathing,
or other aquatic purposes and is not open to the general public, or
a limited section of the public, but is intended strictly for the
use of the beneficial owner(s) and his or her or their family and/or
guests.
PUBLIC POOLS
Any indoor or outdoor artificial basin constructed of concrete,
metal, fiberglass or any nontoxic, impervious and structurally rigid
approved materials, which contains a body of continuously recirculated
and filtered water with automatic disinfecting which is used for swimming,
wading, diving, recreative bathing, or other aquatic purposes and
is open to either the general public, or a limited section of the
public, with or without a fee. These regulations do not apply to pools
that are used by one person at a time and whose water is completely
changed after each patron.
SPA or HOT TUB
A pool containing water greater then 95° F. which is
not emptied after each use, has a maximum depth of four feet, is large
enough for the immersion of at least one person and may have a high
velocity air and/or water jet system.
SWIMMING POOLS
Any structure intended for swimming, wading, diving, recreative
bathing or other aquatic purposes that contains water over 24 inches
deep. This includes in-ground, aboveground, or a combination thereof,
and on-ground swimming pools and spas.
WADING POOLS
Are considered temporary pools if made of plastic, light metal, or other light duty materials which do not exceed a full volume depth of 24 inches at the lowest point. Wading pools whose design does not provide for continuously recirculated and filtered water, should be emptied when not in use or at a minimum at the end of each day. Wading pools are exempt from the provisions of Chapter
425, Zoning.
Public pools, as defined by the Swimming Pool
Code, shall be approved by the Bethany Beach Planning and
Zoning Commission. All public pools are regulated by the State of
Delaware, Regulations Governing Public Pools, Section 26 of the State
Code.
Spas shall meet the same requirements as private
swimming pools.
Swimming pools must be discharged according
to guidelines established by The Delaware Department of Natural Resources
and Environmental Control (DNREC). In no event may water from a swimming
pool be discharged into a public street or stormwater management system,
nor shall any discharge be directed onto any adjoining property.
Any person or entity convicted of violating any of the regulatory provisions of this chapter shall pay a fine as set out in Chapter
1, General Provisions, Article
I, Penalties.