[HISTORY: Adopted by the Town Council of the Town of Chesapeake Beach 11-24-1978. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- BUILDING CODE
- The Southern Maryland Building Construction Code duly adopted by the Town.
- A permit issued by the Public Administrator, in the manner prescribed by this chapter, for the construction, installation, erection, alteration, modification or demolition of or change in any swimming pool in the Town.
- SWIMMING POOL
- Any man-made receptacle, structure, excavation or depression, except farm or agricultural ponds, which is able to retain water to a depth at any point more than 18 inches and which has a surface area of greater than 100 square feet and is designed or intended for the purpose of immersion or partial immersion therein of human beings, and includes all appurtenant equipment.
- SWIMMING POOL, ABOVEGROUND
- A swimming pool having less than 3/4 of its water content below the level of the surrounding ground.
- SWIMMING POOL, IN-GROUND
- A swimming pool having 3/4 or more of its water content below the level of the surrounding ground.
- The Town of Chesapeake Beach.
- WADING POOL
- An artificially constructed pool intended for use by children, not designed or used for swimming, with a maximum area of 100 square feet and a maximum water depth of 18 inches.
- ZONING OFFICER
- The Public Administrator of the Town of Chesapeake Beach, Maryland.
It shall be unlawful to establish or construct a swimming pool without first obtaining a permit in the manner herein prescribed.
No person shall construct or install a swimming pool without having first applied for and secured approval and a permit from the zoning officer.
The application shall include and be accompanied by a sketch or plans indicating pool dimensions, depths, water volume in gallons, distance of pool from all boundary lines, existing structures, pool construction, type of drainage and waste disposal facilities, details of all electrical circuitry and estimated cost.
The zoning officer shall issue a permit immediately after examining and approving the application and accepting the fee. The fee for each permit shall be as set from time to time by resolution of the Town Board and shall accompany the application.
In the event of a denial of the application, the applicant may request a hearing before the Zoning Board of Appeals to consider a variance or waiver of any provision of this chapter. No right of a hearing shall be denied any applicant. The hearing shall be scheduled as soon as possible. Immediately after the hearing, the applicant shall be notified in writing of the decision.
Every pool shall be constructed of materials sufficient to ensure against the collapse thereof and leakage of water therefrom.
Filter pumps and other mechanical devices used in connection with any pool shall be located so as not to interfere with the comfort, repose, health, peace or safety of the adjoining premises.
In any residential zone, no swimming pool shall exceed 40 feet in length and 20 feet in width or 25 feet in diameter in the case of a round or curved pool, nor shall the total perimeter of any pool exceed 125 feet.
All swimming pools shall comply with the requirements of the Building Code and all provisions of Chapter 290, Zoning, relating to accessory structures to dwellings, except that the lot area occupied by said swimming pools shall not be included in computing the percentage of lot area which may be built upon.
No swimming pool shall be constructed, erected, installed, placed or otherwise situated within a twenty-foot radius of any aboveground electrical power wires, cables or lines.
All electrical circuits connected to any electrical device, including but not limited to duplex outlets, pumps, in-pool and general lighting and filters, shall be protected by ground-fault interrupters of a type accepted by the Underwriters' Laboratories.
[Amended 6-16-1988 by Ord. No. O-88-5]
Every swimming pool shall be completely surrounded by a fence, capable of being locked when unattended, which fence or wall shall be so constructed as to have openings or holes no larger than three inches, such as a chain link fence. A dwelling may be used as part of such enclosure.
The enclosure around an in-ground swimming pool shall be not less than four feet nor more than six feet in height. Any fence having a height over four feet must comply with Chapter 110, Building Construction, § 110-3A(2).
For aboveground swimming pools, the following additional provisions shall apply:
Every aboveground swimming pool having an exterior wall 3 1/2 feet or more above the ground, using an entrance device other than a simple ladder for entrance and exit to the pool or its surrounding deck or platform and shall have a fence encircling the entrance device at least five feet from the point where such permanent ladder or entrance device touches the ground or would touch the ground if extended downward. Fencing shall comply with Subsection B above.
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. The door of any dwelling which forms a part of the enclosure and which leads to or opens into the pool area shall also be so equipped.
All lights used to illuminate a swimming pool or swimming pool area shall be shielded so as to prevent their shining upon the property of any adjacent property owner and becoming a nuisance or annoyance to adjoining premises.
No loudspeaker device, radio, phonograph or amplifier system shall be used or maintained in connection with any swimming pool so as to cause a public disturbance or create a public nuisance.
No pool or discharge water shall drain upon the lands of the adjoining premises or be drained into the Town sewage system.
No person using a private swimming pool shall indulge in disorderly or noisy or disturbing conduct or act in any manner so as to annoy, disturb or be offensive to any neighboring householder.
If the use of any private swimming pool shall be abandoned or permanently discontinued, the owner shall see that the excavated depression shall be filled in and that no potential hazard exists.
It shall be the duty of the zoning officer to enforce the provisions of this chapter. He may enter upon the premises during any business hours to obtain compliance with the provisions of this chapter.
All provision of this chapter shall apply to existing pools, except for setback locations, but existing pools cannot be enlarged or extended unless the enlargement or extension complies fully with § 249-6 of this chapter.
Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.