[Ord. No. 934 §1, 11-13-1996; CC 2000 §4-1101]
For the purpose of this Article, the following words shall mean:
PRIVATE
That it is not open to the public, that it is not publicly owned or not otherwise regulated by the State of Kansas either by Statute or by rules and regulations of one (1) of its administrative bodies.
SWIMMING POOL
Any artificially constructed permanent or portable pool capable of being used for swimming or bathing having a depth of twelve (12) inches or more at any point.
WATER FEATURE
Any structure wherein the water has depth of twelve (12) inches or more at any point. Such structures shall include, but not be limited to, hot tubs, spas, garden ponds or fountains.
[Ord. No. 934 §1, 11-13-1996; CC 2000 §4-1102]
It shall be unlawful to construct or establish a private swimming pool or water feature without having obtained a permit therefor in the manner hereinafter specified.
[Ord. No. 934 §1, 11-13-1996; CC 2000 §4-1103]
Application for construction and maintenance of a private swimming pool or water feature shall be made to the Building Inspector by the owner of the property or by the contractor who is to construct the swimming pool. The application shall be accompanied by duplicate sets of plans, specifications and plot plans of the property. The plot plan shall show the accurate location of the proposed swimming pool on the property, together with any proposed bathhouses or cabanas. The plot plan shall also show the location, height and type of all existing fences or walls. No permit for a private swimming pool shall be issued by the Building Inspector until the plans, specifications and plot plans have been approved by the Health Officer of the City and such approval has been properly certified on the plans. The application procedure shall be in accordance with City zoning regulations, Chapter 415, Article II of this Code.
[Ord. No. 934 §1, 11-13-1996; CC 2000 §4-1105]
Construction and design of private swimming pools or water features which may be occupied by people shall be such that they may be maintained and operated as clean and sanitary pools at all times.
[Ord. No. 934 §1, 11-13-1996; CC 2000 §4-1106]
All private swimming pools or water features which may be occupied by people shall be equipped with recirculation and filtration systems of such type and size as is deemed adequate by the Health Officer.
[Ord. No. 934 §1, 11-13-1996; CC 2000 §4-1107]
The owner of every private swimming pool or water feature to be occupied by people shall be responsible for maintaining the pool in good, sanitary condition. The owner of every private swimming pool and outdoor water feature shall prevent breaks in the pool or water from the pool or water feature overflowing onto adjacent public or private property.
[Ord. No. 934 §1, 11-13-1996; CC 2000 §4-1108]
No source of water other than that secured from the City water distribution system shall be used in private residential swimming pools or outdoor water feature to be occupied by people.
[Ord. No. 934 §1, 11-13-1996; CC 2000 §4-1110]
All private swimming pools hereafter constructed within the City shall be provided with one (1) drainage outlet extending from the pool to a storm sewer.
[Ord. No. 934 §1, 11-13-1996; CC 2000 §4-1111]
All pipings, drains and water purification equipment shall be installed in accordance with the provisions of the International Plumbing Code 2003.
[Ord. No. 934 §1, 11-13-1996; CC 2000 §4-1112]
No artificial lighting shall be maintained or operated in connection with a private swimming pool or water feature in such a manner as to be a nuisance or annoyance to the neighborhood property.
[Ord. No. 934 §1, 11-13-1996; CC 2000 §4-1113]
All electrical installations provided or installed in conjunction with private swimming pools or water feature shall be installed in conformance with the Electrical Code of the City and the National Electrical Code.
[Ord. No. 934 §1, 11-13-1996; CC 2000 §4-1115]
All metal fences, enclosures or railings near or adjacent to private residential swimming pools or water features which might become electrically alive as a result of contact with broken overhead conductors or from any other cause shall be effectively grounded.
[Ord. No. 934 §1, 11-13-1996; CC 2000 §4-1116]
Outside or open air private swimming pools or water features shall be located not less than seven (7) feet from the side or rear property line and not less than fifteen (15) feet from the property line on the street side of the corner lots. No pool shall be located closer than twenty (20) feet to the principal building on an adjoining lot nor closer than sixty (60) feet to the front property line.
[Ord. No. 934 §1, 11-13-1996; CC 2000 §4-1117]
Every private swimming pool or water feature shall be completely surrounded by a fence or wall not less than six (6) feet in height which shall be of a type not readily climbed by children. The gates shall be of a self-closing and latching type with the latch on the inside of the gate, not readily accessible for children to open, except that the door of any dwelling which forms a part of the enclosure need not be so equipped. The fencing requirement of this paragraph shall apply to existing private swimming pools and water features constructed.
[Ord. No. 934 §1, 11-13-1996; CC 2000 §4-1118]
Each pool or water feature shall furnish sufficient safety equipment as may be required by the State Board of Health or the City Manager.
[Ord. No. 1626, 1-15-2025]
As used in this Division the following terms shall have the meanings indicated:
PUBLIC SWIMMING POOL
Any man-made permanently installed or temporary structure, basin, chamber or tank containing an artificial body of water that is used for swimming, bathing, scuba diving instruction, aquatic sports or other aquatic activity (including recreational or therapeutic purposes) that is owned and/or operated by a governmental entity, a commercial entity, apartment complex/building, or homeowner's association, whether a fee for its use is charged or not. A public swimming pool may be publicly or privately owned. A swimming pool that is an accessory use to a privately owned, single-family residential dwelling unit and intended for the benefit of the inhabitants of said dwelling unit only is not a public swimming pool.
[Ord. No. 1626, 1-15-2025]
The 2025 Johnson County Aquatic Health Code, hereby known as the "Aquatic Code," as adopted and published by the Board of County Commissioners of Johnson County, Kansas 111 South Cherry Street, Olathe, Kansas, 66061, is hereby adopted by reference and made a part of this Division as though fully set forth herein.
[Ord. No. 1626, 1-15-2025]
There shall not be less than three (3) copies of the Aquatic Code adopted by reference in Section 505.483 kept on file in the office of the City Clerk, to which shall be attached a copy of the incorporating ordinance, which shall be marked or stamped "Official Copies as Incorporated by Ordinance No. 1626" with all Sections or portions thereof intended to be omitted clearly marked to show any deletion or change and available to the public at all reasonable hours. The Police Department, Municipal Judges and all administrative departments of the City charged with the enforcement of the incorporating ordinance shall be supplied, at the cost of the City, such number of official copies of the standard ordinance similarly marked, deleted and changed as may be deemed expedient.
[Ord. No. 1626, 1-15-2025]
A. 
The Director of the Johnson County, Kansas, Environmental Department and/or his/her designees shall have the primary authority and responsibility for the administration and enforcement of this Code.
B. 
The Johnson County, Kansas, County Counselor and/or his/her designee shall have the authority to prosecute any and all violations of this Code. Prosecution shall be in accordance with the Johnson County, Kansas, Code of Regulations for Procedure and Enforcement, Resolution No. 116-88 or any amendments or subsequent enactments and shall be commenced in the County Code Section of the District Court of Johnson County, Kansas.