[Ord. 7/1/58; 1983 Code Part VI T.36 § 1]
This chapter shall be known and may be cited as the "Swimming Pool Regulations of the City of Summit."
[Ord. 7/1/58; 1983 Code Part VI T.36 § 2]
As used in this chapter:
- Shall mean the City of Summit.
- CITY COUNCIL or COUNCIL
- Shall mean the Common Council of the City of Summit.
- FAMILY POOL
- Shall mean a swimming pool used or intended to be used solely by the owner, operator or lessee thereof and his family, and by friends invited to use it without payment of any fee.
- HEALTH DEPARTMENT
- Shall mean the Board of Health of the City of Summit.
- Shall mean any person, firm, partnership, association, corporation, company, or any organization of any kind.
- SWIMMING POOL
- Shall mean a body of water in an artificial or semi-artificial receptacle or other container whether located indoors or outdoors, used or intended to be used for public, semi-public or private swimming by adults or children, or both adults or children, whether or not any charge or fee is imposed upon such adults or children, operated and maintained by any person as herein defined, whether he be an owner, lessee, operator, licensee or concessionaire, exclusive of a family pool as defined herein, and shall include all structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of a swimming pool, and also all swimming pools operated and maintained in conjunction with or by clubs, motels, hotels and community associations.
[Ord. 7/1/58; 1983 Code Part VI T.36 § 3]
Before work is commenced on the construction of a swimming pool or family pool or any alteration, addition, remodeling or other improvement to a swimming pool or family pool, an application for a permit to construct and the plans and specifications and pertinent explanatory data shall be submitted to the Construction Official for approval. Before issuing a permit the Construction Official shall be furnished by the applicant with approval in writing by the Health Department and by any other Department of the City which is charged with the duty of issuing permits for building, plumbing, electrical work, sewer connections, or any other work, which by the nature of the application is concerned with the proposal. The Construction Official shall review the approval and permits as required above, and the plans and specifications, to determine whether they comply with the provisions of this chapter and with reasonable standards of swimming pool construction for the protection of the public safety, health and morals as prescribed in Rules and Regulations promulgated by the Health Department pursuant to ordinance.
The application to the Health Department for approval to construct a swimming pool or family pool or to construct any alteration, addition, remodeling or other improvement to a swimming pool or family pool shall be submitted in such forms and be supported with such information and data, as well as plans, specifications and pertinent explanatory data, as the Health Department may require pursuant to its Rules and Regulations.
A fee of twenty-five ($25.00) dollars shall be charged by the Construction Official for a permit to construct a swimming pool or family pool or any alteration, addition, remodeling or other improvement. Annual license fees shall be paid in accordance with the Health Department ordinance.
[Ord. 7/1/58; 1983 Code Part VI T.36 § 4]
Plans, specifications and pertinent explanatory data required to be submitted in connection with an application for a permit to construct a swimming pool or any alteration, addition, remodeling or other improvement to a swimming pool shall comply with the requirements and include the plans and information as well as such other data as may reasonably be requested by the Construction Official.
[Ord. 7/1/58; 1983 Code Part VI T.36 § 5]
Every outdoor swimming pool or family pool shall be completely surrounded by a fence or wall not less than four (4') feet in height, which shall be so constructed as not to have openings, holes, or gaps larger than four (4") inches in any dimension except for doors and gates; and if a picket fence is erected or maintained, the horizontal dimension shall not exceed four (4") inches. A dwelling house or accessory building may be used as part of such enclosure.
All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.
This requirement shall be applicable to all new and existing swimming pools or family pools now in existence or hereafter constructed, other than indoor pools, which have a depth of over eighteen (18") inches of water in any part. No person in possession of land within the City, either as owner, purchaser, lessee, tenant or a licensee, upon which is situated a swimming pool or family pool having a depth of over eighteen (18") inches in any part shall fail to provide and maintain such fence or wall as herein provided.
The Construction Official may make modifications in individual cases, upon a showing of good cause with respect to the height, nature or location of the fence, wall gates or latches, or the necessity therefor, provided the protection as sought hereunder is not reduced thereby. The Construction Official may permit other protective devices or structures to be used as long as the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the wall, fence, gate and latch described herein. The Construction Official shall allow a reasonable period within which to comply with the requirements of this section.
[Ord. 7/1/58; 1983 Code Part VI T.36 § 6]
It shall be unlawful to establish or construct a swimming pool without first having obtained a permit therefor in the manner hereinabove prescribed.
[Ord. 7/1/58; 1983 Code Part VI T.36 § 7]
All private swimming pools hereafter constructed shall be connected to either a brook or storm sewer or sanitary sewer. The capacity of the sanitary sewer must be adequate as determined by the City Engineer. Where it is necessary to drain into a sanitary sewer, the drain outlet pipe shall not be over two (2") inches in diameter.
No pool drain shall be connected to the sanitary sewer system if a storm drain or brook is reasonably accessible to the premises upon which the pool shall be located. Where, however, only the sanitary sewer system is available for the discharge of pool water, such discharge will be permitted into such sanitary sewer providing the pool capacity does not exceed thirty-six thousand (36,000) gallons. Where such drainage is into a sanitary sewer, the pool shall not be drained more than once each year and only then upon a permit from the City Engineer and at a time designated by the Engineer.
[Ord. 7/1/58; Code Part VI T.36 § 7]
No swimming pool or family pool shall be so located, designed, operated or maintained as to interfere unduly with the enjoyment of property rights by owners of property adjoining the swimming pool or family pool or located in the neighborhood. For this purpose the following standards shall be observed.
No swimming pool or family pool shall be constructed or installed on any lot unless the same shall be accessory to a residence building or other permitted structure in conformity with the Zoning Ordinance of the City of Summit. No swimming pool or family pool shall be constructed or installed nearer to the street line on which the property fronts than the main front wall of the dwelling or structure erected thereon and shall be not less than fifteen (15') feet from the rear and side lines of the lot. In no event shall a street line be deemed to be a side or rear lot line.
[Ord. 7/1/58; 1983 Code Part VI T.36 § 8]
Lights used to illuminate any swimming pool or family pool shall be so arranged and shaded as to reflect light away from adjoining premises.
[Ord. 7/1/58; 1983 Part VI T.36 § 10]
It shall be unlawful for any person to make, continue, or cause to be made or continued at any swimming pool or family pool, any loud, unnecessary or unusual noise or any noise which annoys, disturbs, injures and endangers the comfort, repose, health, peace or safety of others. In the operation of a swimming pool or family pool, the use or permitting the use or operation of any radio, receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing of the person or persons who are in the swimming pool or family pool premises shall be unlawful.
[Ord. 7/1/58; 1983 Code Part VI T.36 § 11]
The carrying on of any commercial undertakings at a swimming pool or family pool entailing sales of food, drinks, novelties or other merchandise in a manner unreasonably disturbing neighboring property owners and inhabitants in the enjoyment of their property shall be prohibited. Swimming pool signs and placards shall be of such type and so affixed as not to prejudice or unreasonably disturb the enjoyment of neighboring property owners of their property.
[Ord. 7/1/58; 1983 Code Part VI T.36 § 12]
In the construction, operation and maintenance of any swimming pool or family pool State laws and the rules, regulations and requirements of the Health Department shall be observed. In the event of any conflict between the provisions of this chapter and any provision of State law or requirement, rule and regulations of the Health Department, the provision imposing the higher standard or the more stringent requirement shall be controlling.