[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.
[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.
[B&H Code § BH803]
As used in this chapter, the following terms shall have the meanings
indicated:
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.
[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:
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.
[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.
[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.
[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.
[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:
[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.
[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.
[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:
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:
E.
At such time as such fence requires replacement, the
provisions of this section shall be complied with.
[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.
[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.
[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."