[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:
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.
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.
A.Â
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.
B.Â
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.
