City of Kalamazoo, MI
Kalamazoo County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the City Commission of the City of Kalamazoo as indicated in section histories. Amendments noted where applicable.]
GENERAL REFERENCES
Buildings and building regulations — See Ch. 9.
Construction Board of Appeals — See § 9-31 et seq.
Wastewater discharge regulations and enforcement procedures — See Ch. 28.
Stormwater system — See Ch. 29.
Water — See Ch. 38.
Zoning Ordinance — See App. A.
STATUTORY REFERENCES
Public swimming pools — See MCLA § 333.12521 et seq.

§ 34-1 Application of chapter.

[B&H Code § BH804]
The provisions of this chapter shall apply to all swimming pools, except that, where state regulations are more restrictive, the provisions of such regulations shall apply.

§ 34-2 Definitions.

[B&H Code § BH803]
As used in this chapter, the following terms shall have the meanings indicated:
SWIMMING POOL
Any artificially constructed are capable of containing water and of being used for swimming, wading or bathing, having a depth of three feet or more at any point.

§ 34-3 Permit to construct and operate; fees.

[B&H Code § BH802]
A. 
No person shall construct, operate, maintain or use a swimming pool in the first instance, without first having obtained a permit from the Building Division of the Department of Community Development in accordance with the provisions of this section. The application for such permit shall be accompanied by a complete and detailed set of plans and specifications for the swimming pool, including the following:
(1) 
Plat plan.
(2) 
Pool dimensions.
(3) 
Location and type of waste disposal system.
(4) 
Structural calculations and details.
(5) 
Fence and gate details.
B. 
The fee for a permit required by this section shall be such as is prescribed by resolution of the City commission. All electrical, plumbing or other permit fees otherwise imposed by the City shall be deemed required in addition thereto.

§ 34-4 Inspection and approval prior to use.

[B&H Code § BH802]
Before any swimming pool for which a permit is issued under this chapter shall be used, a final inspection shall be made by and approval obtained from the Department of Buildings.

§ 34-5 Distance from public streets and lot lines.

[B&H Code § BH805; 9-17-1979 by Ord. No. 1173]
No pool edge shall be located closer than 25 feet to any public street or eight feet to any lot line. Upon a showing that the variance requirements set forth in the building code have been met, the Building Board of Appeals may grant a variance from this requirement.

§ 34-6 Electrical requirements.

[B&H Code § BH805]
All electrical wiring used on, in or about the premises upon which a swimming pool is located shall conform in all respects with the electrical code.

§ 34-7 Connection of drain line to City sewer system.

[B&H Code § BH805; amended 8-6-1990 by Ord. No. 1499; 9-20-2004 by Ord. No. 1776]
A. 
The drain line for a swimming pool may be connected to the City stormwater system or the sewer system so long as the following provisions are complied with:
(1) 
The drain line shall not be connected to a storm sewer except in full compliance with Chapter 29; and
(2) 
The drain line may be connected to a sanitary sewer subject to the approval of the Director of Public Utilities and the provisions of Chapter 28 of the Kalamazoo City Code.

§ 34-8 Water supply.

[B&H Code § BH806]
A. 
Swimming pools shall be provided with a potable water supply. The water supply line to the pool shall be protected against back flow of water by means of a fixed air gap six inches or more above the highest possible water level, or by an approved vacuum breaker installed in an approved manner. All filler pipe shall be located so as to prevent hazards to bathers.
B. 
Provisions shall be made for adequate recirculation and filtration of pool water.

§ 34-9 Filtration of scum, splash and deck water.

[B&H Code § BH805]
Swimming pool construction shall be such that all scum, splash and deck water shall not return to the pool, except through a filter system.

§ 34-10 Fencing.

[B&H Code § BH807]
A. 
All swimming pools located outside of a building shall be enclosed by a fence extending from the ground to a point at least four feet above the ground or any climbable, stationary object within three feet of the fence. Such fence shall be one of the following types:
(1) 
Chain link fence with mesh not exceeding 2 1/4 inches.
(2) 
Vertical board or pole fence with boards or poles spaced not greater than two inches and with all horizontal members on the pool side of the fence.
(3) 
Solid fence having a flush exterior.
B. 
Gates shall meet the requirements for the fence construction, shall be self-closing, self-latching and equipped with a keyed lock capable of securely holding the gate closed. Service gates not ordinarily used for ingress or egress for swimmers need not be self-closing or self-latching.
C. 
For the purpose of determining suitable alternate types of fences and gates, the Building Board of Appeals is hereby granted the authority to make such rulings.
D. 
Fences existing at the time of adoption of Ordinance No. 647, from which this section is derived, and which do not conform to this section, shall be allowed to remain, provided:
(1) 
The height conforms with Subsection A above.
(2) 
Gates conform with Subsection B above.
(3) 
No openings are large enough for the passage of children.
E. 
At such time as such fence requires replacement, the provisions of this section shall be complied with.

§ 34-11 Standards of operation, use and maintenance.

[B&H Code § BH808]
A. 
All swimming pools and the equipment, construction and apparatus before mentioned in this chapter shall be maintained, operated and used as intended in a safe and sanitary manner, and all reasonable precaution shall be taken to protect all persons in the area from any hazard.
B. 
All lighting in and around a swimming pool shall be so shielded, arranged and operated as to prevent annoyance to neighboring premises.
C. 
No loud, offensive or unnecessary noise or sounds shall be permitted to emanate from a swimming pool or pool area in such a manner as to be contrary to the provisions of Chapter 21 of this Code.
D. 
No persons with infectious or communicable diseases shall be permitted within any swimming pool premises. Any such person knowingly violating this subsection and any pool owner knowingly permitting the violation of this subsection may be prosecuted for such violation.
E. 
Each swimming pool, its environs and its operation, shall be clean and sanitary at all times and the pool shall be kept free of floating material, sediment, scum and debris.
F. 
Disinfecting agents shall be applied to swimming pool water in such a manner as to provide adequate germicidal or bactericidal protection. A standard of 0.3 to 1.0 parts per million chlorine residual shall be considered acceptable. The pH (alkalinity and acidity) of the pool shall be maintained between 7.0 and 8.0. Adequate testing devices shall be provided.

§ 34-12 Enforcement of chapter.

[B&H Code § BH809]
A. 
The Health Department shall inspect all swimming pools for sanitation, at least once yearly, and shall enforce all parts of this section relating to safety and sanitation. The Department of Public Safety shall enforce Subsection C of this section. The Building Section of the Department of Public Services shall enforce all other provisions of this chapter.
B. 
The Health Department, the Department of Public Safety and the Building Section shall assist and consult each other in the enforcement of this chapter.
C. 
All enforcing departments and divisions, by their authorized agents, shall have the right to enter upon the premises where any swimming pool is located within the City, at any reasonable hour, for the purpose of inspecting the pool and surrounding area for compliance with this chapter.

§ 34-13 References in chapter.

[Added 9-7-1982 by Ord. No. 1268]
All references in this chapter to "Building Division of the Department of Community Development" shall mean "Building Section of the Department of Public Services."