Chapter Private, Residential or Family Swimming Pools

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1 DATE: January 2015 VERSION: 3 AUTHOR(S)/SPONSOR(S): Kyle Gulbronson, AICP, URS Corporation & Working Group TO: Board of Commissioners RE: Residential Swimming Pool Ordinance Chapter Private, Residential or Family Swimming Pools Section 1 - Purpose The purpose of this Ordinance is to ensure that residential swimming pools are used and enjoyed in a responsible manner that protects the health, safety and well-being of all residents, guests and visitors within the City of Rehoboth Beach. Section 2 - Definitions For the purposes of this regulation, the following terms, phrases, words, and their deviations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word shall as used herein is mandatory and not merely directory. BENEFICIAL OWNER An ownership interest in the entity owning the pool through direct ownership of the real property where the pool is located, direct ownership of stock in a stock corporation owning the real property where the stock represents an equity interest in the corporation, or direct ownership through being a member in a limited liability company (L.L.C.) or a partner in a partnership owning the real property upon which the pool is placed. HOT TUB or SPA A pool containing water greater than 95 F which is not emptied after each use, has a maximum depth of four (4) feet, is large enough for the immersion of at least one (1) person and may have a high velocity air and/or water jet system. PRIVATE, RESIDENTIAL or FAMILY POOL A swimming pool twenty-four (24) inches or more in depth used or intended to be used solely by the owner, or lessee thereof and their family, and by guests, invitees, or friends invited to use it without payment of any fee. This includes residential in-ground, above ground and on-ground swimming pools, hot tubs and spas. This excludes hotels, or motels. or condominiums. PRIVATE FOR PROFIT POOL A swimming pool twenty-four (24) inches or more in depth used or intended to be used in conjunction with a rental property. solely by the owner, or lessee thereof and their family, and by guests, invitees, or friends invited to use it with payment of any fee. This includes residential in-ground, above ground and on-ground swimming pools, hot tubs and spas. This excludes hotels, or motels. or condominiums. SWIMMING POOL, ABOVE GROUND Any private recreational pool capable of containing water to a depth at any point greater than twenty-four (24) inches, constructed above or partially above ground level. 1

2 SWIMMING POOL, IN-GROUND A swimming pool whose sides are not exposed and are below the natural ground located adjacent to said swimming pool. Section 3 - Permit A. No person shall construct, install, alter or replace a pool, auxiliary pool structure, or pool equipment, until plans and specifications have been submitted to the City and a Building Permit has been issued. Whenever it is discovered that any of the above have occurred or are occurring without such approval, the City shall order the owner, operator or contractor to immediately close the pool if it is open or stop the work or conversion, and to submit plans and specifications to the City. Any part of the unapproved work or pool that is not in compliance with these Regulations shall be removed, replaced or reconstructed in order to achieve compliance. B. Plans and Specifications - a. An application for a building permit accompanied by two (2) sets of construction drawings, two (2) site plans, two (2) copies of a survey and two (2) copies of a cost proposal shall be submitted to the Building and Licensing Department. b. The general layout of the entire building lot on which the pool is to be located, including the distances of the pool from the lot lines and the location of all utilities. c. A scaled drawing showing an overhead view of the pool which includes the location of but is not limited to: all recirculation system fittings and piping, depth markings, diving board, lights (underwater and overhead),deck/walkway, fence, pump/filter room, and any other pools (e.g. wading pool, spa pool). This drawing shall also specify the materials of construction for the pool and deck. d. A scaled drawing showing a profile view(s) of the pool, the pool depths and the relative elevation of the pump and filter. If a diving board is planned, an end view showing the required dimensions. e. The Applicant shall provide a drainage plan detailing how pool or filter water shall be drained. Drainage of water for all swimming pools must be absorbed on the subject property and not on a neighboring property, nor directly onto a street, driveway or sidewalk, prior to entering the City storm sewer. The plan shall incorporate the following drainage requirements: i. Draining pool and spa water must be controlled so as not to cause erosion or carry debris or vegetation. ii. Pool and spa water must be de-chlorinated and must not contain hydrogen peroxide, acid or any other chemicals before the water is properly discharged. iii. Pool and spa water should have an acceptable ph of 7 or 8 prior to discharge. iv. Acid wash water should not be drained into storm drains. Acid washing should be done in a proper and safe manner that is not harmful to the environment. i.v. Filters should be cleaned over the lawn or other landscaped area where the discharge can be absorbed. C. Site Inspection - Prior to the issuance of a Building Permit for the construction of a new outdoor pool, a site inspection may be made by a representative of the City in order to confirm that the pool location meets the requirements of this Section. After a specific site is approved, any change of location may require another site inspection. D. Upon receipt of plans and specifications, the City shall determine if the project is approved or disapproved and notify the responsible person within thirty (30) days. If disapproved, the reasons shall be specified. If approved, a Building Permit shall be issued which shall be valid for one (1) year. All construction shall be in 2

3 accordance with the approved plans and specifications, and all conditions listed in the Building Permit. The City reserves the right to reject plans and specifications from a pool builder/pool service company based upon evidence of malfeasance or non-feasance related to a previous Building Permit. Section 5 - Location A. The pool shall not be located in any required front or required side or rear yard and shall not be closer than ten (10) feet to any property line of the property on which it is located. On oversized lots the side yard setback (or aggregate) may be larger than ten (10) feet depending on the size of the lot. B. No pumps, filters or other equipment serving the swimming pool shall be permitted in the setback area. C. No swimming pool shall occupy any area in excess of five (5) percent of the total lot area, not including decks and walkways. Section 6 Installation, Enclosure and Safety Requirements A. The City of Rehoboth Beach uses the International Residential Code, 2012, Appendix G Swimming Pools, Spas and Hot Tubs as amended. All installations, pool and equipment shall meet the requirements of these regulations. Section 7 Equipment A. Equipment of circulating pumps and filters must be located inside the primary structure or an enclosure that reduces the amount of noise and vibration produced. a. The enclosure must be built to the requirements of the building code and be insulated to reduce vibration and noise. b. The enclosure must have access that is readily accessible in case of an emergency. b.c. The enclosure will not be considered an accessory structure and as such must be located within the buildable area of the lot and not in any setback area. Section 8 Buffers A. A bufferyard is a combination of a setback and a visual buffer or barrier, and is a yard or area together with the planting and/or structure required thereon. Both the amount of land and the type and amount of planting specified for each bufferyard requirement are designed to ameliorate nuisances between certain adjacent uses. B. Type screening required. Screening shall be accomplished by a fence not exceeding six (6) feet in height. Screening may be accomplished by the use of sight-obscuring plant materials (generally evergreens), building placement or other design techniques approved by the Building Inspector. Section 9 - Pool Operation Licenses A. Any beneficial owner leasing or intending to lease or receiving any financial compensation for a residential property in the city and intends to have an addition of a pool as amenity to the lease of said house All residential pools shall be required to obtain a pool operation licenses, and pay a fee. The fee is to be established by the City Commissioners 3

4 a. Exception: Private, residential or family pools that are not leased for profit, do not require a Pool Operation Licenses. B. No person shall lease a home with a pool without a valid permit from the City and ooperating licenses permits shall expire annually. The operating permit is not transferable if ownership changes. The operating permit shall be conspicuously displayed. C. Renewal of the Pool Operation Licenses will require the pool to be inspected annually by the City or the City s appointed representatives. The inspection will not involve the checking of mechanical equipment, chemical levels or structural components. The inspection will involve review of all sanitary survey and maintenance reports, signage, safety equipment and alterations. D. Pool Operation Licenses safety equipment and signage requirements : a. Pools shall have at least one of the following safety devices: i. One (1) or more lightweight poles at least twelve (12) and not more than fifteen (15) feet long, and equipped with a shepherd's hook. ii. One ring buoy at least eighteen (18) to twenty-four (24) inches in diameter attached to at least fifty (50) feet of rope. b. Pools shall have Safety signage. i. Safety signage advising on the danger of diving into shallow areas and on the prevention of drowning shall be provided as required by the authority that governs such pools. Safety ii. Signs shall be positioned for effective visual observation by users iii. Identify 911 as the emergency contact iv. Sign should have the City Pool Operation License number located on the sign. v. Emergency shutoff switch. Signs shall be posted that clearly indicate the location of the pump emergency shut-off switch. Such switch shall be clearly labeled as the pump emergency shutoff switch. c.d. All pools must be maintained by an individual who has successfully completed a pool operator-training course that is approved meets the criteria established by the Division of Public hhealth. a. All maintenance records must remain on site and be readily available for review. E. A safety sign should have the City Pool Operation License number located on the sign. The number will be provided on a sticker provided by the City. E.F. Penalties and Revocation Pool Operation License. a. Violations of the requirements of this ordinance or other City ordinances, such as but not limited to Chapter 189 Noise Ordinance and disturbing the peace, may result in the revocation of a pool operation license if applicable. On notice of first violation, Should the violation be for lack of proper equipment, signage or renewed license or permit, the owner of said pool shall have 48 hours to rectify the violation. Should the violation go unresolved or repeated violations are noticed the pool operations permit is subject to revocation. Section 10 - Safety of Bathers, Safety Requirements 4 Formatted

5 A. All reasonable precautions shall be taken to protect the users and bathers in swimming pools from injury or accident. Convenient means of ingress and egress shall be provided and the depth of water and any irregularities of the bottom shall be clearly indicated. Adequate safety equipment and first-aid kits shall be provided and be readily accessible. B. The following safety equipment and signage requirements must be provided for all pools: a. Pools shall have at least one of the following safety devices: i. One (1) or more lightweight poles at least twelve (12) and not more than fifteen (15) feet long, and equipped with a shepherd's hook. ii. One ring buoy at least eighteen (18) to twenty-four (24) inches in diameter attached to at least fifty (50) feet of rope. b. Pools shall have Safety signage. i. Safety signage advising on the danger of diving into shallow areas and on the prevention of drowning shall be provided as required by the authority that governs such pools. ii. Signs shall be positioned for effective visual observation by users iii. Identify 911 as the emergency contact iv. Emergency shutoff switch. Signs shall be posted that clearly indicate the location of the pump emergency shut-off switch. Such switch shall be clearly labeled as the pump emergency shutoff switch. i.v. The information above may be posted on one (1) sign along with any other pool information. Section 11 - Shielded Lights A. Lights used to illuminate any private, residential or family pool shall be so as to eliminate direct rays and minimize reflected rays of light onto adjoining properties as not to cause a nuisance or annoyance to neighboring properties. B. Lights shall be shielded, directed and shaded that no measurable light illumination extends beyond lot lines. No unshielded lights shall be permitted. Section 12 - Sanitation of Premises A. The buildings, grounds and all other pool facilities shall be kept clean and in a sanitary condition and maintained free from garbage, trash, and other refuse. B. All pools designed to keep water throughout the summer year round shall be maintained in such a way as to not create a nuisance, hazard, and eyesore or otherwise result in a substantial adverse effect on neighboring properties, or to be in any way detrimental to public health, safety or welfare. C. Drainage of any pool cannot be discharged onto abutting property, but must be absorbed on your land prior to entering the streets or City gutters which would then empty into the city storm system. Section 13 - Interference with Enjoyment of Property Right Prohibited A. No pool shall be so located, designed, operated or maintained as to interfere unduly with the enjoyment of property rights of owners adjacent or adjoining premises. 5

6 Section 14 - Noise A. It shall be unlawful for any person, to make, continue or cause to be made or allow at any pool any loud, 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 pool, or surrounding patios or decks, the use or permitting the use or operation of any radio, receiving setdigital music device, musical instrument, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing of the person or persons who are in such pool premises shall be unlawful. The City Noise Ordinance, Chapter 189 of the City Code shall be utilized to address any noise violations or complaints. Section 15 - Quiet Hours A. To minimize noise disturbances and interference with enjoyment of property rights of owners adjacent and adjoining premises the following quiet hours have been established: 1) 11:00 p.m. to 9 8:00 a.m. During these times pool users shall refrain from making or causing unusual loud noises or speaking in a louder volume than is necessary of convenient hearing of person or persons within the pool premises shall be unlawful. No radio, receiving setdigital music device, musical instrument or other machine or device for producing or reproducing sound should shall be used after 11:00 p.m. or prior to 9 8:00 a.m. Section 16 - Commercial Activities A. The carrying on of any commercial undertakings at a private, residential or family pool entailing sales of food, drinks, novelties or other merchandise is hereby prohibited. Section 17 - Severability A. If any section, clause, provision, or part or portion of any section, clause or provision of this chapter, or the application thereof to any person or circumstance is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or application of any other section, clause, provision or part or portion of this chapter. Section 19 - Penalty for Violations A. Any person who violates any of the provisions of this Regulation shall be guilty of a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach. Each day such violation continues after notice of violation has been given to the offender may be considered a separate offense. 6