[R.O. 2012 §545.010; Ord. No. 6326 Art. I, 5-7-1973]
As used in this Chapter, the following terms shall have these
prescribed meanings:
Any swimming pool which is used, or intended to be used,
and available to the family of the owner or his/her private guests,
or a swimming pool available to the general public. This definition
shall include pools owned by apartments, hotels, motels, mobile-home
parks, etc. and intended for the use of their occupants or guests,
as well as owned by fraternal or civic organizations.
Any constructed pool, used for swimming or bathing twenty-four
(24) inches or more in depth, or with a surface area exceeding two
hundred (200) square feet.
Any constructed pool shall mean either a portable water container
used for recreational wading purposes which, at its deepest point,
is not over twenty-four (24) inches. Any such container with a volume
in excess of six hundred seventy-five (675) cubic feet of water shall,
for the purposes of this Chapter be classified as a private swimming
pool and shall be subject to the regulations pertaining thereto.
[R.O. 2012 §545.020; Ord. No. 6326 Art. II, §1, 5-7-1973]
No swimming pool shall be used in whole or in part until an
occupancy permit has been issued by the Building Official certifying
that such swimming pool conforms to the provisions of this Chapter
and has been constructed in accordance with the application and the
permit therefor.
[R.O. 2012 §545.030; Ord. No. 6326 Art. II, §2, 5-7-1973]
All swimming pools in existence on May 7, 1973 shall be exempt
from the rules and regulations herein set forth, with the following
exception:
Those existing pools which, by their nature of construction,
are declared to be unhealthful, unsanitary or dangerous to such an
extent that life or property would be endangered or threatened as
a result thereof. Such declaration shall be the responsibility of
the Building Official or Health Authority of the City, and shall be
transmitted by registered mail to the owner of the property on which
the nonconforming swimming pool is located. The property owner shall
be given a maximum of ninety (90) days in which to correct the hazard,
after which, if the hazard remains, he/she shall be liable for punishment
as provided by City ordinances.
[R.O. 2012 §545.040; Ord. No. 6326 Art. III, §1, 5-7-1973]
All swimming pools, or auxiliary buildings related thereto shall
be located not less than ten (10) feet from any rear or side lot line,
and in the case of corner lots, not less than fifteen (15) feet from
the side street line and not less than twenty (20) feet from a principal
building on an adjoining lot. No swimming pool shall extend forward
of the front building line. If located in the side yard, it shall
not be less than sixty (60) feet from the front line, and not less
than fifteen (15) feet from the side line.
[Ord. No. 2013-05-07 §10, 5-20-2013; Ord.
No. 22-02-08, 2-22-2022]
A.
The
2018 International Swimming Pool and Spa Code, as published by the
International Code Council, is for all intents and purposes adopted
and incorporated by reference in this Chapter as if fully set forth
herein, except insofar as the same may be in conflict with this Code
of Ordinances in which case the more restrictive provision shall apply.
B.
A copy
of the 2018 International Swimming Pool and Spa Code is on file and
open for inspection of the public in the office of the City Clerk
of the City of Excelsior Springs.
[R.O. 2012 §545.060; Ord. No. 6326 Art. III, §3, 5-7-1973]
All contractors shall have the responsibility of properly protecting
excavation sites, in the course of construction, so that no undue
hazard is created by periods of rainfall or work stoppage.
[R.O. 2012 §545.070; Ord. No. 6326 Art. III, §4, 5-7-1973]
Every person owning land on which there is a swimming pool which
contains twenty-four (24) inches or more in depth at any point, shall
erect and maintain thereon an adequate enclosure surrounding the property
or pool area, sufficient to make such a body of water inaccessible
to small children. Such enclosure, including gates therein, shall
not be less than four (4) feet above the underlying ground; all gates
shall be self-latching with latches placed four (4) feet above the
underlying ground or otherwise made inaccessible from the outside
to small children. A natural barrier, hedge, pool cover or other protective
device approved by the Building Official may be used so long as the
degree of protection afforded by the substitute device or structure
is not less than the protection afforded by the enclosure, gate and
latch described herein.
[R.O. 2012 §545.080; Ord. No. 6326 Art. III, §5, 5-7-1973]
All abandoned pools and unused pools situated on premises which
are not occupied or dwelt in for periods of thirty (30) days or more
shall be drained or equipped with a swimming pool cover approved by
the Building Official as being adequate to prevent accidental drowning.
[R.O. 2012 §545.090; Ord. No. 6326 Art. III, §6, 5-7-1973]
The Health Authorities or Building Officials shall have the
right to inspect any swimming pool when they deem the same necessary
and it shall be unlawful to deny said Health Authorities or Building
Officials access to any pool.
[R.O. 2012 §545.100; Ord. No. 6326 Art. III, §7, 5-7-1973]
Whenever the Building Official finds that construction work
in connection therewith, the erection or construction or alteration,
executions or repair of which is regulated, permitted or forbidden
by this Chapter, is being erected, constructed, altered or repaired
in violation of the requirements of this Chapter or in violation of
a detailed statement or plans submitted and approved hereunder, or
of a permit or certificate issued hereunder, he/she may serve a written
notice or order upon the person responsible therefor directing discontinuance
of such illegal action and the remedying of the condition which constitutes
a violation of the provisions or requirements of this Chapter. In
the event that such notice or order is not promptly complied with,
the Building Official shall request the City Attorney to institute
an appropriate action or proceeding at law or in equity to restrain,
correct or remove such violation or the execution of work thereon,
or to restrain or correct the erection or alteration of, or to require
the removal of, or to prevent the use of the construction or work
erected, constructed or altered in violation of, or not in compliance
with the provisions of this Chapter, or with respect to which requirements
thereof or of any order or direction made pursuant to provisions contained
therein shall not have been complied with.
[R.O. 2012 §545.110; Ord. No. 6326 Art. III, §8, 5-7-1973]
Whenever the Building Official finds by reason of defective
or illegal work in violation of a provision or requirement of this
Chapter, the continuation or work is contrary to public welfare, he/she
may order, either orally or in writing, all further work to be stopped
and may require suspension of work until the condition and violation
has been remedied.
[R.O. 2012 §545.120; Ord. No. 6326 Art. III, §9, 5-7-1973]
The Health Authority may order the discontinuance of the use
of any swimming pool upon making a finding that the same is unhealthful,
unsanitary or dangerous to such an extent that life or property would
be endangered or threatened as a result thereof.
[R.O. 2012 §545.130; Ord. No. 6326 Art. III, §10, 5-7-1973]
Any person who engages in the business of building, erecting,
installing or constructing swimming pools in the City shall be liable
for any damage caused by his/her negligence, carelessness or wilful
conduct.
[R.O. 2012 §545.140; Ord. No. 6326 Art. III, §11, 5-7-1973; Ord. No. 2013-05-07 §11, 5-20-2013]
A.
It
shall be unlawful for any person to construct, alter, repair, remove
or demolish or to commence the construction, alteration, repair, removal
or demolition of a swimming pool without first obtaining a building
permit therefor from the Building Official.
B.
All
plumbing work on pools and pool equipment shall be done by a licensed
qualified journeyman plumber.
[R.O. 2012 §545.150; Ord. No. 6326 Art. III, §12, 5-7-1973]
A.
Every
application for the building permit required by this Chapter shall
be made by the owner or lessee, or agent of either, or the architect,
engineer or builder employed in connection with the proposed work
and shall be submitted in such form as the Building Official may prescribe.
Such application shall contain the full name and address of the applicant
and of the owner and, if the owner is a corporate body, its responsible
officers, and shall describe briefly the proposed work and shall give
such additional information as may be required by the Building Official
for a proper understanding of the proposed work.
B.
Every
application for the building permit required by this Chapter shall
be accompanied by plans and specifications of the proposed work, together
with the type and size of the filter system with the filtration and
backwash capacities, piping layout with sizes and types of material,
pool pump capacity and pressure or head at filter and backwash flow,
waste disposal system and other pertinent data as may be required
by the Building Official, including a plot diagram. The requirement
for filing plans and plot diagrams, when the work involved is of a
minor nature, may be waived by the Building Official.
C.
The
Building Official may revoke any building permit issued pursuant to
this Chapter or his/her approval of the application for such permit
in the event that he/she finds that there has been any false statement
or misrepresentation as to a material fact in said application or
plans on which said permit or approval was based.
D.
All
work performed under a building permit issued under this Chapter shall
be completed within one (1) year from the date of issuance of said
permit, except that for reasonable cause, the Building Official may
grant one (1) or more extensions of time for additional periods not
exceeding ninety (90) days each. If the work shall have not been completed
within said one (1) year period, or additional period of time as provided
herein, such permit shall be deemed no longer valid.
[R.O. 2012 §545.160; Ord. No. 6326 Art. IV, §1, 5-7-1973]
All swimming pools constructed, altered or modified shall conform
with such reasonable standards as may be required by the Building
Official, local Health Authority, or the Missouri Division of Health.
This shall include as a minimum requirement that all swimming pools,
shall be of a "flow through" recirculating design. Such design and
construction shall also include any necessary assurances (traps, etc.)
to prevent any possibility of pool water from entering the sanitary
water system of the City. No cross-connections between the sanitary
water supply system and the swimming pool shall be permitted.
[R.O. 2012 §545.170; Ord. No. 6326 Art. IV, §2, 5-7-1973]
Backflow protection shall be provided where chemical feeding
devices are connected to the potable water supply and the potable
water supply shall be protected against backflow or back siphonage.
Swimming pool construction shall also be in compliance with the current
editions of the Plumbing and Electrical Codes as the City may have
adopted.
[R.O. 2012 §545.180; Ord. No. 6326 Art. IV, §3, 5-7-1973]
All swimming pools shall provide for pool drainage in a manner
acceptable to the Building Official. This may include drainage to
the sanitary sewer system, a storm sewer system, or by surface or
subsurface spreading. The method to be approved by the Building Official
will be in consideration of local conditions and available facilities.
[R.O. 2012 §545.190; Ord. No. 6326 Art. IV, §4, 5-7-1973]
In the event that provisions relating to water supply and safety
and health provisions as set forth in this Chapter are not met, and
if the failure to meet such requirements may reasonably be determined
to pose a health threat to the public water supply system, the City
shall have the authority to suspend water service to the water meter
through which the violating pool is fed until such action has been
taken to provide assurance against contamination of the public water
supply.
[R.O. 2012 §545.200; Ord. No. 6326 Art. V, §1, 5-7-1973]
Any person who violates any provision of this Chapter, or fails
to comply therewith, or with any of the requirements thereof, or who
erects, constructs, alters or repairs or has erected, constructed,
altered or repaired, construction or work in violation of a detailed
statement or plans submitted and approved hereunder or of a permit
issued hereunder, shall be punished as provided by City ordinances.
