[HISTORY: Adopted by the Board of Trustees of the Charter Township
of East China 11-18-1980 by Ord. No. 117
as Ch. 5-06 of the 1980 Code. Amendments noted where applicable.]
The installation, operation, and maintenance of private swimming pools
shall be regulated and controlled.
The several words and phrases used in this chapter shall have respective
meanings hereinafter described:
All individuals, groups of individuals, copartnerships, associations,
firms or corporations. The singular shall include the plural and the masculine
the feminine.
Any structure or container, either above or below grade, located
either entirely or partly in the open outside of an enclosed building, designed
to hold water to a depth of more than 18 inches when filled to capacity, intended
for immersion of the human body for swimming or wading purposes, and used
as a private, nonpublic pool.
The application for a building permit to erect a swimming pool shall
include:
A.
The name of the owner;
B.
A plot plan and location of adjacent buildings, fencing,
gates, public utilities;
C.
Specifications and plans of pool walls, slope, bottom,
walkway, and diving boards;
D.
Type and rating of auxiliary equipment;
E.
Piping and valve layout; and
F.
Any other detailed information affecting construction
and safety features deemed necessary by the Building Inspector.
A.
Location.
(1)
Side yard setback. Minimum side yard setback shall comply
with the provisions of the district.
(2)
Front yard or corner lot side yard prohibition. Furthermore,
the pool fence must not be built within the required front yard or required
corner lot side yard.
(3)
Rear yard or building setback. Rear yard setback shall
not be less than four feet between the pool outside wall and the rear property
line, nor less than the established easement width at the rear property line,
if any, nor less than four feet between pool wall and any building on the
lot.
C.
Drainage. It shall be unlawful to drain swimming pools
in such a manner that the water enters the Township's sanitary sewer
system.
D.
Lighting. Lights used to illuminate any swimming pool
shall be so arranged and shaded as to reflect light away from adjoining premises.
E.
Fence enclosure.
(1)
Aboveground pools.
(a)
Less than four-foot-high walls. Aboveground pools less
than four feet of wall height shall be completely enclosed by a fence not
less than four feet in height.
(b)
Four-foot-high walls. Pools with a wall height of four
feet above ground need not be enclosed by a fence; however, the pool shall
be equipped with a safety ladder.
(c)
Permanent steps. Aboveground pools with permanent steps
shall have a gate attached to the top step with a self-closing and self-latching
gate which shall be securely locked with a tamperproof lock when the pool
is not in use.
(2)
In-ground pools. In-ground pools shall be completely
enclosed by a fence not less than four feet in height.
(3)
Openings. All openings in any fence enclosing a swimming
pool shall be equipped with a self-closing, self-latching gate which shall
be securely locked with a tamper-proof lock when the pool is not in use.
A.
Supervision. No person shall maintain a swimming pool
on his premises without providing adequate supervision at all times when the
swimming pool is in use, in order that no person may be injured by or drowned
therein.
B.
Sanitary measures. Every swimming pool and the ground
surrounding it shall be kept clean and in a sanitary condition and maintained
free from garbage, trash and other refuse.
C.
Unnecessary noise. It shall be unlawful for any person
to make, continue, or cause to be made or continued at any swimming pool any
loud, unnecessary, or unusual noise, or any noise which annoys, disturbs,
injures, or endangers the comfort, repose, health, peace, or safety of others.
In the operation of a swimming pool, the use or permitting the use of or operation
of any radio, receiving set, musical instrument, phonograph or other machine
or device for the reproducing of sound in such manner as to disturb the quiet,
peace, and comfort of the neighboring inhabitants, or at any time with louder
volume than is necessary for convenient hearing for the person or persons
who are in the swimming pool shall be unlawful.
D.
Interference with rights of others. No swimming pool
or family pool shall be so located, designed, operated or maintained as to
interfere unduly with the enjoyment of their property rights by owners of
property adjoining the swimming pool or located in the neighborhood.
A.
Right of inspection established. The County Health Department
may inspect or cause to be inspected all swimming pools within the Charter
Township of East China at such times as it may deem necessary to carry out
the intent of this chapter.
B.
Authorization to require compliance. The Health Department
is hereby authorized to enter upon any premises, to take such samples of water
from such pool at such times as it may deem necessary and to require the owner,
proprietor or operator to comply with the provisions of this chapter.
C.
Power to suspend use. In the event of the failure of
compliance after due notice with the requirements of this chapter, the Health
Department shall have the power to abate or cause a suspension of the use
of such swimming pool until such time as the same is, in the opinion of the
Health Department, no longer a menace to public health or safety.
In the event of any conflict between the provisions of this chapter
and any provision of state law or requirement, rule or regulation of the State
Department of Public Health or St. Clair County Health Department, the provision
imposing the higher standard or the more stringent requirement shall be controlling.
