The purpose of this chapter is to regulate the construction of new buildings and building additions to insure that all such construction is in compliance with the setback requirements of Chapter
400, Zoning. In addition, the purpose is to insure that all such construction and remodeling is in compliance with the use requirements set forth in Chapter
400, Zoning. This chapter is not intended to provide for City inspection of any construction under the State Building Code.
[Amended 4-14-2015 by Ord. No. 233; 3-10-2020 by Ord. No. 258]
A. Purpose. The purpose of this section is to regulate private outdoor
swimming pools to promote the health, safety and general welfare of
the public.
B. Definition. Private outdoor swimming pools are man-made rigid or
semi-rigid receptacles for water having a capacity depth at any point
greater than 18 inches, used or intended to be used for swimming,
wading or bathing; including pools installed or maintained in-ground
or above ground and which are used exclusively by the owner, occupant
or guests of the property on which the pool is located.
(1) Permanent pools are private outdoor swimming pools installed in such
a manner that the pool will remain in place as a fixture throughout
the full year and will be considered as a permanent or semi-permanent
structure on the land. The term includes all structural facilities,
appliances and appurtenances, equipment and other items used and intended
to be used for the operation and maintenance of a pool. This also
includes in-ground hot tubs.
(2) Portable/temporary pools are aboveground private outdoor swimming
pools that are installed in such a manner that the pool can be disassembled
for transportation, storage or relocation and includes portable pools
with flexible nonrigid walls that achieve structural integrity by
means of uniform shape, support frame, or a combination thereof. This
also includes aboveground hot tubs.
(3) Exempt pools. Storable children's swimming or wading pools with
a maximum dimension of 15 feet and a maximum wall height of 18 inches
and which are so constructed that they may be readily disassembled
for storage and reassembled to their original integrity are exempt
from the provisions of this section.
C. Permit required. Before work is commenced on the construction or
assembly of a permanent private outdoor swimming pool, an application
for a building permit must be submitted in writing to the Building
Inspector. Any required plans, maps, specifications and pertinent
explanatory data should be submitted to the Building Inspector at
the time of application. No work or any part of the work shall be
commenced until a written permit for such work is obtained by the
applicant. The required building permit fee pursuant to the City Building
Code shall accompany such application.
D. Construction requirements. In addition to such other requirements
as may be reasonably imposed by the Building Inspector, the Building
Inspector shall not issue a permit for a permanent private outdoor
swimming pool unless the following construction requirements are observed:
(1) Approved materials. All materials and methods of construction in
the construction, alteration, addition, remodeling or other improvements
and pool installation shall be in accord with all state regulations
and codes and with any and all ordinances of the City now in effect
or hereafter enacted.
(2) Plumbing. All plumbing work shall be in accordance with all applicable
ordinances of the City and all state codes. Every private or residential
swimming pool shall be provided with a suitable draining method, and
in no case shall waters from any pool be drained into the sanitary
sewer system or onto lands of other property owners adjacent to that
on which the pool is located or in the general vicinity.
(3) Electrical installations. All electrical installations, including
lighting and heating but not limited thereto, which are provided for,
installed and used in conjunction with a private swimming pool shall
be in conformance with the state laws and City ordinances regulating
electrical installations.
E. Setbacks and other requirements.
(1) All private outdoor swimming pools shall be erected or constructed
in rear or side yards only and only on a lot occupied by a principal
building. No pool shall be erected or constructed on an otherwise
vacant lot. A lot shall not be considered vacant if the owner owns
the contiguous lot and the said lot is occupied by a principal building.
(2) All private outdoor swimming pools shall be at least 10 feet from
any lot line or building unless designed and approved as an addition
to a building and in no case shall the pool be allowed closer than
what is permitted for an accessory structure.
F. Life preservers required. All private outdoor swimming pools shall
be equipped with a minimum of one throwing ring buoy or equivalent
life preserver.
G. Enclosures. All permanent private outdoor swimming pools must be
enclosed by one of the following means:
(1) A fence or other solid structure not less than four feet in height
completely enclosing the pool with no opening therein (other than
doors or gates) larger than three inches square. All gates or doors
opening through the enclosure shall be equipped with self-closing
and self-latching devices and kept securely closed at all times when
not in actual use.
(2) An approved barrier consisting of a solid wall of durable material
of which the pool itself is constructed and shall extend directly
above the vertical water-enclosing wall of the pool. Such walls shall
extend more than three feet above the level of the ground immediately
adjacent to the pool. Such a solid pool wall barrier shall not be
located within six feet of any other wall or fence or other structure
which can be readily climbed by children. Every entrance to a pool,
such as a ladder, must be secured or adequately safeguarded to prevent
unauthorized entry into the pool.
(3) The pool enclosures described in the subsections above may be omitted
where permanent private outdoor swimming pools are installed above
ground and have a raised deck around the entire pool perimeter with
an attached enclosed railing and gate with a minimum measurement of
36 inches high on the top.
H. Portable
pools. All portable/temporary pools shall be adequately covered, fenced,
or drained and stored when not in use. Every entrance to a pool, such
as a ladder, must be secured or adequately safeguarded to prevent
unauthorized entry into the pool. Children should never be left unsupervised
around a portable pool.
[Amended 7-14-2020 by Ord. No. 261]
I. Compliance. All private outdoor swimming pools existing at the time
of passage of this chapter not satisfactorily fenced shall comply
with the fencing requirements of this section when water is placed
in the pool. Enclosures on existing pools shall be inspected by the
Building Inspector for compliance. Variations in enclosure requirements
that do not adversely affect the health, safety and general welfare
of the public may be approved.
J. Pool draining. No private outdoor swimming pools shall be constructed
to allow water from the pool to drain into a sanitary sewer or septic
tank or onto any adjoining property. Provisions may be made for draining
the contents of a swimming pool into a storm sewer, but such installation
shall be subject to prior approval by the Water Department Superintendent
and/or Building Inspector.
K. Filter system required. All private outdoor swimming pools within
the meaning of this section must have a filtration system in place
to assure proper circulation of the pool water and maintenance of
the proper bacterial quality.
L. Dirt bottoms prohibited. All private outdoor swimming pools shall
have the sides and bottom of a smooth, impervious finish, and no sand
or dirt bottom shall be permitted.
Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in §
1-3 of the Code of the City of Markesan.