[HISTORY: Adopted by The Mayor and Council of New Castle 7-14-2020 by Ord. No. 527. Amendments noted where applicable.]
Certain documents on file in the office of the Office of Code Enforcement, being marked and designated as the "International Swimming Pool and Spa Code, 2018 Edition," published by the International Code Council, Inc., is hereby adopted as the swimming pool and spa code of the City for the control of swimming pools and spas as herein provided. The provisions of the International Swimming Pool and Spa Code shall apply to the construction, alteration, movement, renovation, replacement, repair and maintenance of aquatic vessels, recreation facilities, pools, and spas. The pools and spas covered by this Code are either permanent or temporary, and shall be only those that are designed and manufactured to be connected to a circulation system and that are intended for swimming, bathing, or wading. Each and all of the regulations, provisions, conditions and terms of such International Swimming Pool and Spa Code, 2018 Edition, are hereby adopted and made a part of this chapter, as if fully set out herein, with the following amendments prescribed as follows:
The following sections of the International Swimming Pool and Spa Code are hereby revised as follows. Note: Although the International Swimming Pool and Spa Code does not identify sections with a "SP" designation, such a designation is utilized to avoid any confusion as to what Code the amendment relates.
Section SP101.1. Insert: "the City of New Castle."
Section SP103 is retitled "Office of Code Enforcement."
Section SP103.1 is retitled "Enforcement agency" and shall read as follows:
SP103.1. Enforcement agency. The Office of Code Enforcement shall be charged with the enforcement of this code and the executive official in charge thereof shall be known as the Code Official.
105.6.2 entitled "Fee Schedule" is amended to insert the following: "See fee schedule in Ch. A239."
Section SP105.6.3(2). Insert "50%."
Section SP105.6.2(3). Insert "75%."
Section SP107.4 entitled "Violation penalties" is deleted and replaced by the following:
SP107.4 Violation penalties. Any person who violates a provision of this Code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a swimming pool or spa in violation of the approved construction documents or directive of the Code Official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $100 or imprisonment not exceeding 30 days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
Section SP108.1 entitled "Application for appeal" is deleted and replaced by the following:
SP108.1 Application for appeal. Any person aggrieved by any order, decision, requirement or determination made by the Code Official relative to the application and interpretation of this code may be appealed to the Board of Adjustment in accordance with the provisions of § 230-55 of the City Code. The Board of Adjustment shall have jurisdiction to hear and decide appeals where it is alleged there is error in any order, decision, requirement or determination made by the Code Official in the application and interpretation of this code.
Sections SP108.2 through 108.7 are deleted.
Any conflicts between the provisions of this chapter and the International Swimming Pool and Spa Code, 2018 Edition, shall be resolved by the Code Official in a manner best designed to ensure the public health and safety.
No suit or proceeding pending 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 at the time of the adoption of this chapter shall be affected by the provisions of this chapter.