[HISTORY: Adopted by the Board of Health of the Town of Dover 3-27-1985.
Amendments noted where applicable.]
By the virtue of authority vested in it by MGL c. 111, § 31,
and every other power it thereto in any way enables, the Board of Health of
the Town of Dover, Massachusetts hereby makes and promulgates the following
regulations required for the public health relative to swimming pools in the
Town of Dover. All other existing swimming pool regulations are hereby rescinded.
No public, semipublic or residential swimming pool/hot tub or spa shall
be constructed, installed or remodeled until a permit has first been obtained
from the Board of Health. All public or semipublic swimming pools shall be
constructed, installed, remodeled and operated in compliance with 310 CMR
16.00, Minimum standards for swimming pools. The State Building Code Section
428 shall apply.
The application for a permit for a swimming pool installation shall
be filed in duplicate and shall be on such form and in such detail as the
Board of Health shall prescribe. The applicant must submit, before a permit
is issued, a plan in duplicate, drawn to a scale of 1 inch to 20 feet by a
registered engineer, of the lot, showing the layout of the installation in
detail, indicating elevations, grades, materials used, construction details,
location of the pool in relation to the house, other buildings and lot lines
and the type of capacity of the filter. Ten-foot deep test holes and percolation
tests may be required. In addition, the location and type of any easements
for water, sewer, electric, gas or telephone lines, as well as any legally
granted rights-of-ways, shall be indicated. When a permit is issued, 1 copy
of the application and permit will be returned to the applicant and 1 copy
will be retained at the office of the Board of Health.
All swimming pools (or outside in-ground hot tub/spa) hereinafter constructed
shall not be less than 20 feet from any foundation and from the closest proximity
of any part of any sewage system. A sump-seepage pit of a minimum size of
4 feet inside diameter and 4 feet below inlet pipe, made of blocks or precast
concrete, backfilled with one-and-one-half-inch stone around the outside shall
be constructed to collect the filter backwash effluent/gray water. The pit
shall have an eighteen-inch diameter metal cover and rim set in concrete easily
accessible at finish grade. The type of construction of the sump/seepage pit
shall be indicated. All distances and criteria for the sump/seepage pit shall
comply with Title 5 State Sanitary Code. No sanitary sewage effluents, industrial
wastes or wastewater from any source is allowed into any filter sump or hot
tub/spa seepage pit.
A swimming pool shall also be considered a structure with regards to setback requirements of Chapter 185, Zoning.
[Added 7-13-1995]
A substantial fence or barrier of a minimum height of 4 feet, capable
of preventing entry by small children or animals, shall completely surround
the pool (outdoor hot tub/spa). The fence must be provided with a self-closing,
self-latching gate with padlock. The location and type of fence or barrier
must be approved before installation. During construction a temporary fence
must surround the pool area.
A.
All water systems shall be protected from contamination
by backflow from a pool (outside hot tub/spa). This protection can be provided
by installing a permanent filling pipe discharging at least 6 inches above
the pool water surface, or by the installation of an approved backflow preventer
on the water supply used for filling the pool.
B.
Upon completion of this installation, the owner shall
submit a statement in writing, to the Board of Health to the effect that this
installation has been made in compliance with the terms of the permit and
of this chapter.
It is the responsibility of every owner, occupant or agent of the premises
where any swimming pool of any size exists, to keep the same in a sanitary
condition through filtration or chlorination, or both. In any event, however,
where health or sanitation is jeopardized, the Board of Health may order the
pool to be emptied and sanitized. If the owner or occupant fails to comply
with such order, the Board may cause this nuisance to be removed, and all
expenses incurred thereby shall be paid by the person who caused or permitted
the same, if he has actual notice from the Board of Health of the existence
thereof.
The agent of the Board of Health means the person authorized by that
Board to act under this chapter. No action required by this chapter to be
taken by the Board, as distinguished from the agent, shall be taken by the
agent without the specific approval of the Board, and the agent may not vary
this chapter without such approval.
Each section of this chapter shall be construed as separate to the end,
that is any section, sentence, clause or phrase shall be held invalid for
any reasons, the remainder of this chapter shall continue in full force.
A.
Application fees shall be set from time to time by the
Board of Health. The fee will include a minimum of 4 inspections.
B.
Additional inspections will be assessed at the prevailing
rate.
C.
Final inspection shall be with a pool company representative
and Board of Health agent on site with the filter system in operation.
Violators of this chapter are subject to a fine of not more than $20,
except when otherwise provided by law.
