[HISTORY: Adopted by the Town of Falmouth Annual Town Meeting 4-3-1978, Art. 17. Amendments noted where applicable.]
Every private swimming pool as defined in the Commonwealth of Massachusetts State Building Code, Section 422, or the lot on which such a pool is located shall be surrounded by an enclosure of at least four (4) feet high constructed so as to prevent small children or domestic animals from entering the pool area.
Every opening in such enclosure, other than an opening directly from a dwelling, shall be protected by a self-closing gate equipped with a self-latching latch located at least four (4) feet above ground level.
Within ten (10) business days after receipt of a written notice from the Building Commissioner that any such enclosure is in need of repair, the owner of the property on which such enclosure is located or his agent shall cause such repairs to be made and approved by the Building Commissioner.
Violation of this chapter shall be punishable by a fine for each and every day the violation continues after the expiration of ten (10) days from receipt by the owner, or his authorized agent, of the written notice provided for above. For penalty see Chapter 1, General Provisions, Article I, Penalties.
The Building Commissioner shall have the authority to determine whether any proposed or existing enclosure complies with the intent of this chapter.
[Added AFTM 11-12-2015, Art. 17, approved 1-26-2016]
All water drained from a swimming pool shall be contained on the lot on which the pool is located or pumped out by truck. The water so drained shall not be directed onto abutting property without the owner's permission. The water so drained shall not be directed onto a public or private way or into any sewer or storm drain without permission of the Director of Public Works. The owner of the lot on which the pool is located shall be responsible for compliance with the provisions of this section and shall comply with a cease and desist order issued by the Building Commissioner, Director of Public Works or a police officer immediately. The penalty for violation of this section shall be three hundred dollars ($300) per event.