[HISTORY: Adopted by the Village Board of the Village of Waterford 3-14-2005 by Ord. No. 464. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- POOL OWNER
- Every person or entity that owns, directly or indirectly, or operates, uses or has custody or control of or has the right to use any swimming pool.
- SWIMMING POOL
- Any man-made depression in the ground, either temporary or
permanent, or a container of water, either temporary or permanent
and either above or below the ground, in which water of 42 or more
inches in depth at any point is contained, or which has a diameter
of 10 feet or more. Spas, hot tubs, in-ground, aboveground and public
pools are included in this definition.[Amended 1-23-2006 by Ord. No. 489]
All pool owners as defined herein shall abide by the regulations contained in this chapter. These regulations are applicable to all swimming pools, including those constructed before the effective date of this chapter.
Every swimming pool shall be completely surrounded by a fence or wall not less than four feet in height, but not to exceed six feet in height, which shall be constructed so as to not have openings, holes or gaps which would allow access by unauthorized persons, except for doors or gates. A dwelling or accessory structure may be used as part of the enclosure. A spa or hot tub may be made inaccessible by a locking safety cover or other approved safety barrier when not in use, in lieu of the requirement for a fence or wall. Any type of barrier shall be designed and shall be of such size, strength, construction and proximity to the swimming pool so as to safeguard a child's unregulated access to the swimming pool. Said barrier shall be in place prior to filling the swimming pool.
A fence or wall is not required around an aboveground swimming pool where the pool wall is at least 48 inches above the highest point of grade for the full pool perimeter. The finished grade shall be maintained for a minimum of four feet beyond the outside of the full perimeter of the pool. In such cases, all means of access to the pool shall be secured when not in use. If an access ladder is provided, it shall be designed and used so that it is locked, tipped, or removed and placed to prohibit access to the pool by children.
All gates or doors opening through enclosures shall be equipped with an inside, self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use. The door for any dwelling which forms part of the enclosure need not be so equipped, but shall be secured in a similar manner.
Safety devices shall be supplied for every swimming pool. At least one life preserver or rope or other safety device shall be supplied for every swimming pool with a capacity for water of at least four feet or which is at least 10 feet in diameter.
No water drained from a swimming pool may be discharged into an adjacent property without the written consent of the owner of that property, or into the municipal sanitary sewerage system, or directly into a navigable body of water.
[Amended 11-11-2013 by Ord. No. 610]
Separation from overhead and underground electrical wiring shall be in accordance with the State Electrical Code as adopted in Chapter 98 of this Municipal Code, which requires that no swimming pool shall be located directly under or over electrical transmission lines, or within 10 feet of said lines; but if the electrical transmission lines are underground, this separation distance may be reduced to five feet. All electrical connections to a swimming pool, as defined herein, whether considered a permanent, storable, portable or temporary pool, shall conform to the requirements of Wis. Admin. Code ch. SPS 316 and may require an electrical permit as set forth in Chapter 98.
All swimming pools designed to keep water throughout the summer shall be maintained in such a way as to not create a nuisance, hazard, eyesore, or otherwise result in a substantial adverse effect upon neighboring properties, or to be in any way detrimental to public health, safety or welfare; said water shall be properly treated to prevent the growth of algae.
Those pool owners owning pools classified as public swimming pools and requiring state permits pursuant to Wis. Admin. Code ch. Comm 90, Design and Construction of Public Swimming Pools, and ch. HFS 172, Safety, Maintenance and Operation of Public Swimming Pools, shall be required to construct, maintain and operate their pools as set forth in the state code, and are excepted from the requirements herein only insofar as these requirements are in conflict with the state requirements.