City staff, with the assistance of National Inspection Corporation (NIC), has reviewed current requirements for swimming pools from the 2011 National Electric Code (NEC), advisory regulations from the Residential Code of Ohio, and the City s Code of Ordinance. Based on the recommendation of NIC, staff are proposing amendments to the City s Code to define pools in the same manner as they are defined in the 2011 NEC, adopt the barrier (fence) requirements from Appendix G of the Residential Code of Ohio, and move the requirements for location, coverage, and barriers from the City s Building Code to the Zoning Code. The proposed amendments would result in regulations that are less confusing and allow for flexibility in extraordinary circumstances. The proposed regulations can be summarized as follows: Regulations for permanent swimming pools (above ground and in ground): Permit required; Location and setback requirements are not changed, but moved to the Zoning Code; Barrier requirements are moved to the Zoning Code and reduced to a height of 48 inches; Property owner acknowledgement is required if the residence is a rental; and NEC 2011 compliance is required per adoption by the State of Ohio and the City s license as a Residential Building Office. Storable swimming pools: Permit required if an electric motor is used for filtration and/or recirculation; Location requirement established in the Zoning Code; No barrier requirements; NEC 2011 compliance is required per adoption by the State of Ohio and the City s license as a Residential Building Office; Property owner acknowledgement is required if the residence is a rental; and The pool must be stored from Oct 15 Apr 15. If the pool is not stored, it meets the definition of an Accessory Structure in the Zoning Code and must meet the regulations for location and setback for an accessory structure. Ordinance amendments are included below. New language is underlined in red. Deleted language is lined-through.
From the Building Code - Sidney Code of Ordinances CHAPTER 1323 Private Swimming Pools 1323.01 DEFINITION. (a) POOL, PRIVATE Pool, private means any manufactured or field-constructed equipment designed to contain water on a permanent or semi-permanent basis and used for swimming, wading, immersion, or therapeutic purposes for the exclusive use of the residents of the premises and their invited guests. (b)pool, PERMANENTLY INSTALLED Pool, permanently installed means any private pool that is constructed in the ground, or partially in the ground, and all others capable of holding water in a depth greater than 42 inches, and all pools installed inside of a building, regardless of water depth, whether or not served by electrical circuits of any nature. (c) POOL, STORABLE Pool, storable means any private pool that is constructed on or above the ground and is capable of holding water to a maximum depth of 42 inches, or a pool with nonmetallic, molded polymeric walls or inflatable fabric walls regardless of dimension. 1323.02 LOCATION OPERATION. (a) Private swimming pools for the exclusive use of residents of the premises and their invited guests may be located in any residential district provided they comply with the locational, coverage, and barrier requirements as set forth in Chapter 1107 of the Code of Ordinances. (b) All pools must be maintained in a proper state of repair and operated following the manufacturer s printed operating instructions. During the period a pool is not in operation, it must be closed and maintained in compliance with the manufacturer s printed operating instructions. (c) Storable pools shall be disassembled and stored inside for the period of October 15 through April 15. Water quality must be maintained at all times during the periods in which the storable pool is assembled. No swimming pool or part thereof shall be located nearer than ten feet to the side or rear line of the lot or parcel upon which it is situated, or nearer to any street on which such lot or DRAFT AMENDMENTS
parcel abuts than a distance ten feet greater than the building setback line as fixed by the Zoning Code. The area of the pool proper, exclusive of decks, walks and other appurtenances, shall not exceed ten percent of the area of the lot or parcel on which it is situated. 1323.03 FENCES. Every outdoor swimming pool or family pool shall be completely surrounded by a fence or wall not less than five feet in height, measured from the level of the ground where located, which shall be of such design and construction as to effectually prevent a child from crawling or otherwise passing through or under such fence. All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, and all gates or doors opening through such enclosures shall be designed to permit locking and shall be kept locked when the pool is not in actual use or is left unattended. This requirement shall be applicable to all new swimming pools or family pools hereafter constructed, other than indoor pools, and shall apply to all existing pools which have a minimum depth of twenty-four inches of water. No person in possession of land within the City, upon which is situated a swimming pool or family pool having a minimum depth of twenty-four inches shall fail to provide and maintain such fence or wall as herein provided. No part of any fence shall be located between the building setback line fixed by the Zoning Code and the street on which the lot or parcel abuts. The Board of Zoning Appeals shall have the power to make exceptions to and modifications of the above requirements for fences as to existing pools, in cases in which, in the Board's opinion, such requirements are not essential to safety and the enforcement thereof would work hardships on the owners. 1323.05 DRAINAGE. Proper drainage shall be provided to ensure that pool overflow does not affect adjacent properties. Provision shall be made for drainage of the pool into a public storm sewer, where possible, or sanitary sewer, unless there is a ditch or natural watercourse of sufficient size and gradient adjacent to the pool location to carry off the water satisfactorily, in which case drainage may be put into such ditch or watercourse. Permission must be obtained from the City Manager or authorized representative before the pool is drained in whole or in any substantial amount, in order to prevent overloading the storm sewer or ditch in times of heavy rain. Before discharging pool water, the water shall be free of chlorine and any other objectionable constituents that may degrade receiving water quality. In no case shall the pool be drained, directly or indirectly, into any street. 1323.08 WATER. (a) City water shall be used for all public and private swimming pools within the City.
(b) If the pool is drained to a storm sewer, ditch or natural watercourse, the property owner may purchase and install a deduct water meter in accordance with the City's administrative rules. (c) If the pool is drained to a sanitary sewer, the property owner may not install a deduct water meter and shall be subject to sewer charges. (d) A property owner may rent a hydrant meter to be used as a deduct meter for the purpose of filling or refilling a private swimming pool. 1323.09 PERMIT REQUIRED; APPLICATION; APPROVAL OF PLANS. (a) No person shall locate, construct or install any swimming permanent pool or make any changes therein or in the appurtenances thereof without having first submitted an application and plans to the City Manager or his or her authorized agent. No person shall locate, construct or install any storable pool with an electric motor for filtration, recirculation, or any other purposes, or make any changes therein or in the appurtenances thereof without having first submitted an application and plans to the City Manager or his or her authorized agent. Upon approval of the plans, A permit must be obtained from the Manager and/or his or her authorized agent prior to the starting of commencing construction of the pool. (b) No person shall install a temporary pool with an electric motor without having first submitted an application to the City Manager or his or her authorized agent and having obtained a permit. (b) Each permit application for a pool shall be accompanied by a detailed site plan that accurately show dimensions of the property and all existing structures and the pool and all appurtenances and amenities thereto. No permit shall be issued unless the plans comply fully with the applicable provisions of the Building Code, the Electrical Code, the Plumbing Code and pertinent rules and regulations of the City of Sidney. (c) Each permit application for a pool at any property that is not owner-occupied must be accompanied by property owner or property manager acknowledgment, on forms provided by the City of Sidney, that the tenant/occupant has permission to locate, construct, and install the storable pool. The fee for said permit shall be in accordance with Section 1309.11 of these Codified Ordinances. 1323.99 PENALTY. Whoever violates any of the provisions of this chapter is guilty of a minor misdemeanor as the same is defined, and punishment provided, by applicable Ohio law, as the same may, from time to time be amended. and shall be fined not more than one hundred dollars ($100.00) for each offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
CHAPTER 1309 Permits, Bonds, Deposits and Fees 1309.11 PERMIT FEE SCHEDULE. (a) Collection by Building Inspector. The permit or inspection fees set forth in this chapter, together with the permit fees for sign permits and swimming pool permits and the contractor s registration fee, shall be collected by the Building Inspector in the amounts set forth below. (b) Building Permit Fees. When a building is to be constructed or remodeled, the general contractor shall assume complete liability for all phases of the construction. One permit to cover all phases of such construction shall be issued. The fee for such permit shall be computed according to the following schedule: (c) Pool Permits (1) Permanently Installed Pool, above ground $25.00 (2) Permanently Installed Pool, in ground $100.00 (3) Hot tub... $25.00 (4) Storable Pool... $10.00 From the Zoning Code - Sidney Code of Ordinances CHAPTER 1101 Interpretation and Purposes 1103.XX POOL, PRIVATE Pool, private means any manufactured or field-constructed equipment designed to contain water on a permanent or semi-permanent basis and used for swimming, wading, immersion, or therapeutic purposes for the exclusive use of the residents of the premises and their invited guests.
1103.XX POOL, PERMANENTLY INSTALLED Pool, permanently installed means any private pool that is constructed in the ground, or partially in the ground, and all others capable of holding water in a depth greater than 42 inches, and all pools installed inside of a building, regardless of water depth, whether or not served by electrical circuits of any nature. 1103.XX POOL, STORABLE Pool, storable means any private pool that is constructed on or above the ground and is capable of holding water to a maximum depth of 42 inches, or a pool with nonmetallic, molded polymeric walls or inflatable fabric walls regardless of dimension. 1103.112 SWIMMING POOL, PRIVATE. "Private swimming pool" means a swimming pool used only by the owner of the pool and invitees as an accessory use at a private residence. CHAPTER 1107 Compliance Requirements and General Provisions 1107.08 ACCESSORY USES BUILDINGS IN N, S AND R DISTRICTS. Accessory uses, structures, and buildings permitted in the N, S, and R Districts shall conform to the location, coverage, barrier, and area standards contained in this Section and the specific regulations for the District in which the property is located. (a) In any N, S or R District, no accessory building or structure shall be erected or constructed prior to the erection or construction of the principal building, except for a temporary building incident to construction of the principal building. (b) Requirements for accessory buildings (1) No accessory buildings shall be located closer to a side or rear lot line than three feet in any N, S or R District, except that adequate distance shall be required for the opening and closing of doors between accessory buildings and the rear lot line. Swimming pools shall be located in accordance with Section 1323.02 of the Building Code. (2) A detached accessory building shall only be permitted in the rear yard. An accessory building connected by a breezeway or similar structure shall be permitted in the side or rear yard. (3) In any N, S or R District, no accessory building shall be used as a dwelling, except that the Board of Appeals may authorize such use only for the domestic employees of residents of the principal building.
(4) In any N, S or R District, an accessory building may be erected detached from the principal building or may be connected therewith by a breezeway or similar structure not less than six feet in length. Accessory buildings shall be at least six feet from any dwelling situated on the same lot and shall not, in the aggregate, occupy more than thirty percent of the required rear yard. (c) An accessory building or structure may exceed 1,000 square feet in total gross floor area as a conditional use with the following conditions: (1) The total gross floor area of all accessory uses shall not exceed 1,250 square feet for lots of more than 21,780 square footage, but less than 43,560 square feet and 1,500 square feet for lots of 43,560 square feet or more. (2) Any accessory structure or building exceeding 1,000 square feet is required to have the same rear and side yard setback distance from all property lines as required for the zoning district in which that structure is located. (3) The total square footage of the accessory structure or building must not exceed 80% of the total ground floor area of the principal building. (d) Accessory uses, such as public utility installations, walks, driveways, curbs, retaining walls, mail boxes, nameplates, lampposts, bird baths and structures of a similar nature, are permitted in any required front, side or rear yard. Trees, shrubs, flowers or plants shall be permitted in any required front, side or rear yard, except that vision clearance on corner lots shall be provided when required. Fences, latticework, screens, hedges or walls are considered accessory uses and are permitted in a required front, side or rear yard, subject to the provisions of Section 1107.17. (e) Private Pools (1) No permanently installed pool, or any part thereof, shall be located nearer than ten feet to the sides or rear property line of the lot or parcel upon which it is situated, or nearer to any street to which such a lot or parcel abuts than a distance of ten feet greater than the building setback line as fixed by this Zoning Code. (2) No pool or any part thereof shall be installed within any front yard. (3) Every permanently installed pool shall be provided a barrier which shall comply with the following: (i) The top of the barrier shall be at least 48 inches above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be two inches measured on the side of the barrier which faces away from the pool. Where the top of the pool structure is above-grade, such as an above-ground pool, the barrier may be at ground level, such as the pool structure, or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be four inches. (ii) Openings in the barrier shall not allow passage of a four-inch or greater diameter sphere. (iii)solid barriers, which do not have openings, such as masonry or stone wall, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints. (iv) Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the
horizontal members shall be located on the swimming pool side of the fence. Spacings between vertical members shall not exceed 1.75 inches in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1.75 inches in width. (v) Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches or more, spacing between vertical members shall not exceed four inches. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1.75 inches in width. (vi) Maximum mesh size for chain link fences shall be a 2.25-inch square unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to not more than 1.75 inches. (vii)where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall not be more than 1.75 inches. (viii) Access gates shall comply with the requirements of Section ####(i through vii) and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outward away from the pool and shall be self-closing and have a selflatching device. Gates other than pedestrian access gates shall have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches from the bottom of the gate, the release mechanism and openings shall be located on the pool side of the gate at least three inches below the top of the gate and the gate and barrier shall have no opening greater than 0.5 inch within 18 inches of the release mechanism. (ix) Where a wall of a dwelling serves as part of the barrier, one of the following conditions shall be met: (A) The pool shall be equipped with a powered safety cover in compliance with ASTM F1346; or (B) All doors with direct access to the pool through that wall shall be equipped with an alarm which produces an audible warning when the door and its screen, if present, are opened. The alarm shall sound continuously for a minimum of 30 seconds immediately after the door is opened and be capable of being heard throughout the house during normal household activities. The alarm shall automatically reset under all conditions. The alarm system shall be equipped with a manual means, such as touchpad or switch, to temporarily deactivate the alarm for a single opening. Such deactivation shall last for not more than 15 seconds. The deactivation switch(es) shall be located at least 54 inches above the threshold of the door; or (C) Other means of protection, such as self-closing doors with self-latching devices, which are approved by the Building Inspector, shall be acceptable so long as the degree of protection afforded is not less than the protection afforded by Section ix(a) or (B) described above.
1107.17 FENCES. (a) Fences, latticework, screens, hedges or walls not more than seven feet in height may be located in the required side or rear yard. Hedges, open fences or walls not more than fortytwo inches in height may be located in any front yard. Private swimming pools shall be surrounded by a fence at least five feet high. VARIOUS CHAPTERS OF RESIDENTIAL ZONING DISTRICTS 111.03; 1113.03; 1115.03; 1117.03; 1119.03: XXXX.03 ACCESSORY USES. (x) Private swimming pool subject to the provisions of Chapters 1107 and 1323 of the Code of Ordinances; hot tub; tennis court; basketball court;