[HISTORY:[1] Adopted by the Commissioners of the City of Rehoboth Beach 6-19-2015 by Ord. No. 0615-01.[2] Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 206, Property Maintenance, which consisted of Art. I, Nuisances, adopted 11-8-1974 as Ch. 11, Art. 6, Div. 1, of the 1974 Code; Art. II, Weeds and Vegetation, adopted 11-8-1974 as Ch. 11, Art. 6, Div. 2, of the 1974 Code, as amended; Art. III, Sprinkling, adopted 11-8-1974 as Ch. 11, Sec. 11-83, of the 1974 Code, as amended; Art. IV, Abandoned Excavations, adopted 2-13-1976 by Ord. No. 276-1; and Art. V, General Penalty, adopted 3-13-1992 by Ord. No. 392-1, was repealed 9-17-2007 by Ord. No. 0907-02. See now Ch. 102, Building Construction.
[2]
Editor's Note: This ordinance also provided that it shall take effect immediately upon its adoption by a majority vote of the Commissioners of the City of Rehoboth Beach, excepting § 206-6 (Rental pool operation and maintenance), § 206-7 (Pool operation license), and § 206-8B and C (safety requirements), which shall be effective July 1, 2016.
The purpose of this chapter is to ensure that residential swimming
pools are used and enjoyed in a responsible manner that protects the
health, safety and well-being of all residents, guests and visitors
within the City of Rehoboth Beach.
For the purposes of this chapter, the following terms, phrases,
words, and their deviations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
number, and words in the singular number include the plural number.
The word "shall," as used herein, is mandatory and not merely directory.
The water used for pool maintenance operations, including
but not limited to backwashing filters or cleaning filters, and includes
water splashed out of the pool by users.
The water removed from a pool to empty or partially empty
the pool or to control water level.
A pool containing heated water 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.
An individual, that is at least 18 years old, that is responsible
for the operation and maintenance of the pool water quality system
and the associated infrastructure and who has successfully completed
a pool operator training course recognized by the Delaware Division
of Public Health.
Any structure intended for swimming, recreational bathing
or wading that contains water over 24 inches deep, including in-ground,
aboveground and on-ground pools; hot tubs; spas; and fixed-in-place
wading pools.
A swimming pool used in conjunction with a residential housing
unit governed by the International Residential Code (IRC), as amended,
and which unit and swimming pool are used solely by the owner, or
his/her family, and by guests, invitees, or friends invited to use
them without payment of any fee.
A swimming pool used in conjunction with a residential housing
unit governed by the International Residential Code (IRC), as amended,
and where the unit is rented for a fee.
A.
No person shall construct, install, alter or replace a pool or auxiliary
pool structure, or move any pool equipment, until a building permit
has been obtained.
B.
In addition to other requirements of this Code, the following information
shall be submitted to the Building and Licensing Department at the
time of application for a building permit to construct or replace
a pool.
(1)
Two sets of construction drawings, two site plans, two copies of
a survey and two copies of a cost proposal.
(2)
A scaled drawing indicating the general layout of the entire building
lot on which the pool is to be located, including the distances of
the pool from the lot lines and the location of all utilities.
(3)
Pool specifications, including a scaled drawing showing a profile
view(s) of the pool, the pool depths, volume calculation and the relative
elevation of the pump and filter. If a diving platform is planned,
an end view showing the required dimensions.
C.
Any proposed change or deviation in the siting of a pool from that
which has been approved shall be reported to the Building and Licensing
Department and approved prior to incorporating any such change or
deviation.
D.
All construction shall be in accordance with the approved plans and
specifications and all conditions listed in the building permit.
All installations of pools and related equipment shall meet
the requirements of the International Residential Code, 2012, Appendix
G, "Swimming Pools, Spas and Hot Tubs," as adopted by the City of
Rehoboth Beach.
Circulating pumps and filters must be located inside the primary
structure or in an enclosure that reduces the amount of noise and
vibration produced.
A.
The enclosure must be built to the requirements of the Building Code
and be insulated to reduce vibration and noise.
B.
Such enclosures shall have appropriate louvered areas, including
vents, panels or doors, as well as ventilation required for exhaust
fans and heating systems.
C.
The enclosure must have access that is accessible in case of an emergency.
D.
Pool equipment legally existing at the time of adoption of this chapter
is not required to be enclosed until replacement or a permit is issued
for changes to the pool or its systems.
Rental pools shall be maintained by a qualified pool operator
as defined by the Delaware Division of Public Health. The pool operator
shall:
A.
Maintain written records pertaining to the operation of the pool,
including the dates and times the pool was visited, the types of chemicals
used, the dates and times of chemical and bacterial tests, and the
dates and times of cleaning of the pool and backwashing of filters.
The required information may be provided in the form of a pool log
which must remain on site and be readily available for review.
B.
At all times the property is rented, make, at a minimum, weekly visits
to the pool to ascertain its condition and perform necessary maintenance.
No private pool or rental pool shall be used until a pool operation
license has been obtained from the City.
A.
Rental pool licenses shall be issued on an annual basis covering
the period from January 1 through December 31 of each calendar year,
and the annual fee shall be $50.
[Amended 5-4-2020 by Ord. No. 0520-02]
B.
Private pool licenses shall be issued on a one-time basis to the
owner of the property, and the one-time fee shall be $50; however,
pools existing on the date of adoption of this section shall be exempt
from paying the initial fee but must otherwise obtain a license. An
initial inspection shall be conducted in conjunction with the issuance
of the pool license for the purpose of documenting site conditions.
Additional inspections may be required should changes to the pool,
pool equipment, or site be proposed through the application for a
permit or otherwise.
C.
Each property shall be required to obtain a separate license of the
appropriate classification.
D.
License fees shall not be prorated for a partial year.
E.
Pool operation licenses do not transfer when property ownership changes.
F.
A safety certification form shall be completed by the owner, or the
owner's reprsentative, as part of the annual rental pool licensing
process. Any owner may also request a rental pool inspection by the
City in lieu of completing the annual safety certification form.
[Amended 4-24-2019 by Ord. No. 0419-01]
G.
Any new rental pool, or pool that has changed ownership, shall be
inspected by the City for compliance with the provisions of this chapter
and the building, health and safety requirements of the City and State
of Delaware. Following an inspection, a notice of compliance or listing
of deficiencies will be provided to the owner or the owner's
representative.
[Amended 4-24-2019 by Ord. No. 0419-01]
H.
The City shall inspect all rental pools triennially and may conduct
additional inspections when deemed advisable by the City.
[Added 4-24-2019 by Ord.
No. 0419-01]
I.
The City shall keep a registry of all licensed pools.
[Added 4-24-2019 by Ord.
No. 0419-01]
A.
Safety of bathers. All reasonable precautions shall be taken to protect
the health, safety and welfare of users and bathers in pools and provide
protection from injury or accident. Convenient means of ingress and
egress shall be provided, and the depth of water and any irregularities
of the bottom shall be clearly indicated. Adequate safety equipment
and first-aid kits shall be provided and be readily accessible.
B.
Safety requirements. At least one safety sign shall be provided for
all rental pools as follows:
(1)
Advising on the danger of diving into shallow areas and on the prevention
of drowning as required by the authority that governs such pools.
(2)
Identifying 911 as the emergency contact phone number.
(3)
Identifying the property's 911 address.
(4)
Clearly indicating the location of the pump emergency shut-off switch.
Such switch shall be clearly labeled as the pump emergency shut-off
switch.
(5)
Having the City pool operation license number located thereon. The
number will be provided on a sticker issued by the City.
(6)
Contain other pertinent pool information deemed appropriate.
(7)
Positioned for effective visual observation by users.
(8)
When a property has both a pool and spa or hot tub in close proximity,
one sign may be utilized containing all needed information.
C.
The following safety equipment shall, at a minimum, be provided for
all rental pools:
A.
Any outdoor lighting used in conjunction with a private or rental
pool shall be employed in a manner so as not to cause a nuisance or
annoyance to neighboring properties.
B.
Lights shall be shielded and directed in a manner that shall not
direct illumination on adjacent properties. No unshielded lights shall
be permitted.
A.
The buildings, grounds and all other pool facilities shall be kept
clean and in a sanitary condition and maintained free from garbage,
trash, and other refuse.
B.
All pools filled with water year-round shall be maintained in such
a way as to not create a nuisance, hazard, and eyesore or otherwise
result in a substantial adverse effect on neighboring properties or
to be in any way detrimental to public health, safety or welfare.
A.
The lot on which a new pool is constructed, or an existing pool is
changed as to physical size, shape or volume, or a pool exists where
other construction or addition of impervious surface materials may
increase or change stormwater flows shall be graded so as to not permit
stormwater runoff, pool drainage or pool discharge from flowing onto
a neighboring property.
B.
Pool drainage shall:
(1)
Have a pH of no less than 6.8 or greater than 7.8.
(2)
Have a chlorine concentration no greater than 0.5 ppm.
(3)
Be directed to and flow over the vegetated area as shown on an approved
discharge plan prior to flowing onto pavement or into a storm drain,
catch basin or body of water. Drainage from a pool constructed prior
to the adoption of this section shall be directed to and flow over
a vegetated area to the maximum extent practicable.
(4)
Not flow onto a neighboring property.
(5)
Be controlled so as not to cause erosion or carry debris or vegetation.
C.
Pool discharge shall:
A.
A grading plan shall:
(1)
Be required for the construction of any new pool, any existing pool
where a change is being made to the physical size, shape or volume
of the pool, or other construction or addition of impervious surface
materials on an existing lot with a pool that may increase or change
stormwater flows on the property.
(2)
Be drawn by a professional engineer or a professional land surveyor
licensed to do such work in the State of Delaware.
(3)
Include all existing conditions at the time of the application, including
all buildings and structures on the lot with all steps, stoops, decks,
porches, eaves, soffits, overhangs, and other projections indicated,
and all other existing features, to include utilities, drainage facilities,
easements, topography and landscaping.
(4)
Indicate the proposed conditions to include the pool, additional
buildings or structures, including patios or any impervious improvements.
Dimensions as well as actual setback distances shall be included.
(5)
Indicate existing and proposed grading and measures being utilized
to prevent stormwater runoff from flowing onto adjacent properties.
(6)
Clearly indicate the direction and destination of stormwater flow
from the area surrounding the pool and property as a whole.
The carrying on of any commercial undertakings at a private,
residential or family pool entailing sales of food, drinks, novelties
or other merchandise is hereby prohibited.
A.
Any person who violates any of the provisions of this chapter shall be guilty of a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach. Each day such violation continues after notice of violation has been given to the offender may be considered a separate offense.
B.
Revocation of pool operation license.
(1)
The City Manager may suspend or revoke a pool operation license for any violation of the requirements of this chapter or Chapter 189, Noise, and § 198-21, Disturbing the peace. If the violation is for lack of proper equipment, signage or renewed license or permit, the owner of said pool shall have five days to rectify the violation. Should the violation go unresolved or be repeated, the City Manager may immediately suspend or revoke the pool operation license.
(2)
The City Manager shall provide the pool operation license holder
with a written notice of any violation of this chapter or of the City
Code.
(3)
If a pool operation license is suspended or revoked, the City Manager
shall provide the pool operation license holder with a written notice
of the license suspension or revocation and the reason for the revocation
or suspension. The license holder may appeal the decision of the City
Manager to the Board of Commissioners by filing a letter of appeal
with the City Manager within 10 days after the date of the mailing
of the City Manager's notice of suspension or revocation of the
license. The suspension or revocation will be stayed upon appeal until
such time as the City Commissioners' decision is made. The City Commissioners
shall conduct a de novo hearing on the appeal within 60 days of the
date of the filing of the letter of appeal. The Board of Commissioners
may affirm, modify or reverse the decision of the City Manager to
suspend or revoke the license.
