For the purpose of this chapter, certain terms are herewith defined:
A. 
"Swimming pool," "spa," or "hot tub"
means any structure or container, either above or below grade, portable or permanent, located in part or wholly outside of permanently enclosed and roofed building, designed to hold water to a depth of greater than one foot when filled to capacity, intended for immersion of the human body whether for swimming, wading, bathing or intended for fish or water fowl.
B. 
"Private"
means that it is not open to the public, that it is not publicly owned, or not otherwise regulated by the state of Washington, either by statute, or by rules or regulations of one of its administrative bodies, but shall include pools, spas, or hot tubs owned and operated as part of an apartment, condominium, townhouse, motel, or other multiple-family development.
C. 
"Person"
means all individuals, groups of individuals, copartnerships, associations, firms, or corporations. The singular shall include the plural and the masculine the feminine.
(Ord. 1678 § 1, 1986)
It shall be unlawful for any person to construct, erect, or maintain an outdoor swimming pool, spa, or hot tub without first making application to the Building Department and obtaining a permit therefor.
A. 
Application for such permit shall show: the name of the owner; the location of the proposed swimming pool, spa, or hot tub; the safety precautions to be made to protect those making use thereof; information showing the size, depth and capacity of such pool, together with a complete and detailed set of plans and specifications of said swimming pool, spa, or hot tub; and such other information as may reasonably be necessary for the protection of public health and safety as may be required by the City Building Department. There shall also be filed with the City Building Department a plot plan of the property, which shall remain on deposit with the City, showing the location and size of all structures and swimming pools, spas, and hot tubs thereon, together with full information as to type, height, and location of the fence surrounding said swimming pool, spa, or hot tub and the location and number of gates.
All applications for a permit shall be accompanied by the appropriate fee as established by the City of Mountlake Terrace, except that such fees shall not be required for swimming pools, spas, or hot tubs in operation at the time of adoption of the ordinance codified in this chapter.
B. 
There shall be issued upon completion and prior to use of any private swimming pool, spa, or hot tub a use permit. Said use permit shall be granted within 45 days of the expiration of the one-year validity of the license, at a fee in accordance with the adopted City fee schedule, after the inspector has ascertained that all of the conditions of this chapter are being met; provided further, that swimming pools, spas, or hot tubs already in operation shall comply with this subsection within 90 days of passage of the ordinance codified in this chapter.
(Ord. 1678 § 2, 1986; Ord. 2188 § 1, 1998)
For the protection of the citizens and general public, all swimming pools, spas, and hot tubs shall be completely enclosed by a substantial wall or fence of not less than four feet in height.
Any wall or fence shall be so constructed that holes or gaps shall be such that a two-inch sphere cannot pass through, except for doors or gates when open. All doors and gates shall be self-closing and self-latching, latches on gates and doors shall be located on the inside and not readily accessible for children to operate. Gates shall have the latching device at least 40 inches from ground level and these gates shall remain locked unless adult supervision is in attendance.
Swimming pools, spas, and hot tubs already constructed and in operation shall comply with this chapter within 90 days of the passage of the ordinance codified in this chapter.
Exceptions: If the property on which the swimming pool, spa or hot tub is located is enclosed, then the specific provision for enclosing the swimming pool, spa, or hot tub area may be waived by the City Building Department upon inspection and approval of the fenced area.
The City Building Department may make modifications in individual cases, upon 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. Note that in no case may the location of the fence be changed by the Department which would violate the required setbacks without first having obtained the approval of the Hearing Examiner via variance procedures.
The City Building Department 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.
(Ord. 1678 § 3, 1986; Ord. 2481 § 11, 2008)
Approved ladders shall be placed on the inside and outside perimeter of the pool, spa, or hot tub at a maximum spacing of 35 feet when pool, spa, or hot tub sides are two to four feet in height and 30 feet for pool, spa, or hot tub sides which are over four feet in height. No ladders are required when pool, spa, or hot tub sides are less than two feet high.
(Ord. 1678 § 4, 1986)
No electric service conductors or other overhead wires shall be located above any pool, spa or hot tub and any existing conductors shall be rerouted overhead, or installed underground.
(Ord. 1678 § 5, 1986)
All underwater lights must be watertight, self-contained units with their own "ground" connection running from a waterproof junction box to a proper grounding facility or medium. All underground electric wires supplying current to said light or lights and electrical outlets must be enclosed in rigid conduits.
(Ord. 1678 § 7, 1986)
All metal fences, enclosures, or railings near or adjacent to private residential swimming pools, spas, or hot tubs which might become electrically charged as a result of contact with broken overhead conductors, or from any other cause or source, shall be effectively grounded in accordance with the National Electrical Code as adopted and amended by the City of Mountlake Terrace.
(Ord. 1678 § 8, 1986)
All swimming pools, spas, and hot tubs, portable or permanent, shall be placed so as to observe the following setbacks:
A. 
Six feet to rear property line.
B. 
Six feet to side property lines.
C. 
Ten feet to house or detached garage or other structure.
D. 
Heated pools, spas, or hot tubs less than 100 square feet may be located no closer than two feet to the house, garage, or other buildings.
E. 
No swimming pool, spa, or hot tub shall be located closer than six feet to the front building line of the house and in no case shall a swimming pool, spa, or hot tub be located between the front property line and the house.
F. 
Corner lots shall observe the same requirements on the side street as for the front.
(Ord. 1678 § 9, 1986)
Water drained from the pools, spas, or hot tubs and backwash from the filter shall be discharged into the sanitary sewer system. Discharge rate shall not exceed the capacity of the receptor.
(Ord. 1678 § 10, 1986)
No person shall maintain an outdoor swimming pool, spa, or hot tub on his premises without providing responsible supervision at all times when the swimming pool, spa, or hot tub is in use.
(Ord. 1678 § 11, 1986)
All privately owned swimming pools, spas, or hot tubs of over two feet depth and 1,500 square foot surface shall be equipped with the water circulating system powered by a motor-driven pump to circulate completely the water within such pool, spa, or hot tub every 24 hours. The Health Officer of the City of Mountlake Terrace may approve other rates of recirculation or rates of application of water on the filters. Provisions shall be made for positive germicidal or bacterial control by the use of chlorine, bromine, or other such disinfecting agents, as may be approved by the City Health Officer. Any such disinfecting agent shall be applied to the pool, spa, or hot tub water at a uniform rate.
(Ord. 1678 § 12, 1986)
The City Health Officer and/or a duly-authorized representative of the City shall be authorized at any reasonable hour to inspect any private swimming pool, spa, or hot tub for the purpose of determining that all provisions of this chapter are fulfilled and complied with.
(Ord. 1678 § 13, 1986)
Lights used to illuminate any swimming pool, spa, or hot tub shall be so arranged and shaded so as to deflect light away from any adjoining premises.
(Ord. 1678 § 14, 1986)
Spas or hot tubs when not in use shall be covered or protected such that the accidental entry of small children, pets, or wildlife is prevented.
(Ord. 1678 § 15, 1986)
Backflow prevention devices shall be installed and approved between the City water system and the supply systems of all pools, spas, and hot tubs prior to use of these systems.
(Ord. 1678 § 16, 1986)
Any person violating any of the terms or conditions of this chapter shall, upon conviction thereof, be punished by a fine of not to exceed $300.00 or by imprisonment of not to exceed 90 days in the City jail, or both such fine and imprisonment for each offense. When said offense is placed against the swimming pool, spa, or hot tub facilities or accessories as required by this code, each day such offense continues shall be deemed a separate offense.
(Ord. 1678 § 17, 1986)