[R.O. 2008 § 500.550; Ord. No. 6250 § 12, 9-8-2016; Ord. No. 7133, 9-12-2024]
That certain document, a copy which is on file in the office of the City Clerk of the City of O'Fallon, Missouri, being marked and designated as the International Swimming Pool and Spa Code, 2021 Edition, as published by the International Code Council, be and is hereby adopted as the International Swimming Pool and Spa Code of the City of O'Fallon, in the State of Missouri, for regulating and governing new and existing aquatic vessels and their associated systems as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, conditions and terms of said Swimming Pool and Spa Code on file in the office of the City Clerk of the City of O'Fallon, Missouri, are hereby referred to, adopted, and made a part hereof, as if fully set out in this Article, with the additions, insertions, deletions and changes, if any, prescribed in Section 500.560 of this Article.
[R.O. 2008 § 500.560; Ord. No. 6250 § 12, 9-8-2016; Ord. No. 6577, 6-14-2019; Ord. No. 7133, 9-12-2024]
The following numbered Subsections of the International Building Code, 2021 Edition, as published by the International Code Council, Inc., are hereby amended by additions, insertions, deletions and changes so that such Section and Subsections read as follows:
(CHAPTER 1 SCOPE AND ADMINISTRATION)
(SECTION 101 GENERAL)
101.1 Title. These regulations shall be known as the Swimming Pool and Spa Code of the City of O'Fallon, Missouri, hereinafter referred to as this code."
(SECTION 103 CODE COMPLIANCE AGENCY)
103.1 Creation of agency The Building and Code Enforcement department is hereby created and the official in charge thereof shall be known as the Building Official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.
(SECTION 106 CONSTRUCTION DOCUMENTS)
[A]106.1 Construction documents. Construction documents, engineering calculations, diagrams, and other such data shall be submitted in two or more sets or electronically with each application for a permit. The Building Official shall require construction documents, computations and specifications to be prepared and designed by a registered design professional where required by state law. Construction documents shall be drawn to scale and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that the work conforms to the provisions of this code.
(SECTION 108 FEES)
[A]108.6 Refunds. Delete this Section in its entirety.
(SECTION 110 INSPECTIONS)
110.90 Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this Code shall be executed and installed in a workmanlike manner in compliance with this Code, in accordance with industry standards, and in accordance with the manufacturer's installation instructions.
(SECTION 111 MEANS OF APPEAL)
[A]111.1 General. For the purposes of this code, all appeals shall be in accordance with the procedure established for the Building Code of the City of O'Fallon, Missouri.
[A]111.2 Limitations on authority. Delete in its entirety.
[A]111.3 Qualifications. Delete in its entirety.
[A]111.4 Administration. Delete in its entirety.
(SECTION 112 BOARD OF APPEALS)
[A]112.1 Membership of board. Delete in its entirety.
(SECTION 113 VIOLATIONS)
[A]113.4 Violation penalties. Any person, firm or corporation who violates any provisions of this code, or shall fail to comply with any of the requirements thereof, or who shall erects, install, alter or repair a pool or spa in violation of an approved plan or directive of the Building Official, or of a permit or certificate issued under the provisions of this code or previous ordinance, or who shall continue any work in our about a structure after having been served a stop work order, except such work as that person is directed to perform to remove a violation or unsafe conditions, or any owner or tenant of a building or premises in which such violation shall exist, shall upon conviction thereof be punishable by a fine of not more than $500.00 or by imprisonment not exceeding 90 days, or by both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense.
(CHAPTER 3 GENERAL COMPLIANCE)
(SECTION 305 BARRIER REQUIREMENTS)
305.1 General. The provisions of this Section shall apply to the design of barriers for restricting entry into areas having pools and spas. Where spas or hot tubs are equipped with a lockable safety cover complying with ASTM F1346 the areas where those spas or hot tubs are located shall not be required to comply with Sections 305.2 through 305.7.
305.2.4 Mesh fence as a barrier. Delete in its entirety.
305.2.4.1 Setback for mesh fences. Delete in its entirety.
305.2.5 Closely spaced horizontal members. Where the barrier is composed of horizontal and vertical members, and the distance between the tops of the horizontal members is less than 45 inches (1,143 mm), the horizontal members shall be located on the pool or spa side of the fence. Spacing between vertical members shall not exceed 1 3/4 inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1 3/4 inches (44 mm) in width.
Exception: Any fence that is 54 inches in height or greater.
[R.O. 2008 § 500.570; Ord. No. 6250 § 12, 9-8-2016]
A. 
Nothing in this Article or in the Swimming Pool and Spa Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Article.
B. 
If any Section, Subsection, sentence, clause or phrase of this Article is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Article. The City of O'Fallon, Missouri, hereby declares that it would have passed this Article, and each Section, Subsection, clause or phrase thereof, irrespective of the fact that any one (1) or more Sections, Subsections, sentences, clauses and phrases be declared unconstitutional.
[R.O. 2008 § 500.580; Ord. No. 6250 § 12, 9-8-2016]
Any person, firm, or corporation violating any of the provisions of this Article or the code hereby adopted shall, upon conviction, for each offense be fined not more than five hundred dollars ($500.00) or be punished by imprisonment in jail not to exceed three (3) months, or be punished by both fine and imprisonment. Each day's violation of, or refusal or neglect to comply with, any provision of this Article or the code hereby adopted shall constitute a separate and distinct offense.