A certain document, a copy of which is on file in the office of the Town Clerk of the Town of Middletown, being marked and designated as the International Swimming Pool and Spa Code, 2018 edition, as published by the International Code Council Inc., be and is hereby adopted as the Swimming Pool and Spa Code of the Town of Middletown in the State of Delaware for the control of pools and spas as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Swimming Pool and Spa Code are hereby referred to, adopted and made a part hereof as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in §
47-2 of this chapter.
The following additions, insertions and changes are adopted:
A. Chapter
1, Scope and Administration.
(1) 101.1 Title, is amended in the first sentence by deleting "(Name
of Jurisdiction)," and inserting "Town of Middletown."
(2) 105.6.2 Fee schedule, is amended by deleting "(Jurisdiction to insert
appropriate schedule)" and inserting "$105 for residential permit
application or as prescribed by the Mayor and Council of the Town
of Middletown."
(3) 105.6.3 Fee refunds, this subsection is deleted in its entirety.
(4) 107.4 Violation penalties, this subsection is deleted in its entirety.
(5) 107.5 Stop-work orders, is amended by deleting in the last sentence
of that subsection, "(amount) dollars or more than (amount) dollars"
and insert "$25 or more than $100. The Mayor and Council shall have
the authority to revise, by resolution, the fees attached to this
subsection."
B. Chapter 3, General compliance.
(1) 305.1 General, is amended by deleting this subsection in its entirety
and inserting: "305.1 Application. The provisions of this section
shall control the design of barriers for residential and public swimming
pools, spas and hot tubs. These designs controls are intended to provide
protection against potential drownings and near-drownings by restricting
access to swimming pools, spas and hot tubs."
(2) 305.5 On-ground residential pool structure as a barrier, is amended
by deleting this subsection in its entirety and inserting, "305.5
On-ground residential pool structure as a barrier. An on-ground residential
pool shall comply with Subsection 305.2 in its entirety."
(3) 305.8, Section 305 is amended by renumbering to the end of this section;
"305.8 Barrier exceptions. Spas or hot tubs with a lockable safety
cover which comply with ASTM F 1346 shall be exempt from the provisions
of this section."