[HISTORY: Adopted by the Town Council of
the Town of Bethany Beach 3-16-1985 by Ord. No. 145; amended in its entirety 7-15-2005 by Ord. No.
396 (Ch. 207 of the 1992 Code). Subsequent amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any condition of neglect evidencing a lack of use, maintenance,
or repair for such period of time (not less than 60 days) as to indicate
an intention to make no further use of the pool.
[1]A fence, wall, building wall or a combination thereof, which
completely surrounds the swimming pool and obstructs access to the
swimming pool.
The distance between the floor of the pool and the maximum
operating level.
Any indoor or outdoor artificial basin containing a body
of water, which is used for swimming, wading, diving, recreative bathing,
or other aquatic purposes and is not open to the general public, or
a limited section of the public, but is intended strictly for the
use of the beneficial owner(s) and his or her or their family and/or
guests.
Any indoor or outdoor artificial basin constructed of concrete,
metal, fiberglass or any nontoxic, impervious and structurally rigid
approved materials, which contains a body of continuously recirculated
and filtered water with automatic disinfecting which is used for swimming,
wading, diving, recreative bathing, or other aquatic purposes and
is open to either the general public, or a limited section of the
public, with or without a fee. These regulations do not apply to pools
that are used by one person at a time and whose water is completely
changed after each patron.
A pool containing water greater then 95° F. which is
not emptied after each use, has a maximum depth of four feet, is large
enough for the immersion of at least one person and may have a high
velocity air and/or water jet system.
[2]Any structure intended for swimming, wading, diving, recreative
bathing or other aquatic purposes that contains water over 24 inches
deep. This includes in-ground, aboveground, or a combination thereof,
and on-ground swimming pools and spas.
Are considered temporary pools if made of plastic, light metal, or other light duty materials which do not exceed a full volume depth of 24 inches at the lowest point. Wading pools whose design does not provide for continuously recirculated and filtered water, should be emptied when not in use or at a minimum at the end of each day. Wading pools are exempt from the provisions of Chapter 425, Zoning.
A.
The Standard Swimming Pool Code, 1999 Edition, and
any subsequent editions, is hereby adopted with the following deletions
and additions:
(1)
Delete the text of Section 105.4 in its entirety and
add: "the cost of a permit to construct a swimming pool shall be as
shown in the current, approved schedule of fees."
(2)
Add the following to Section 315: "No building or
structure which would impede egress from the water shall be located
less than five feet from the water's edge around the entire perimeter
of the water in the pool."
B.
Permanent swimming pools, whether above, below or
ground, are required to meet the zoning district requirements with
respect to lot coverage, and are considered impervious structures.
C.
Building, electrical, and plumbing permits are required for the installation, alteration, repair or remodeling of all pools not exempt from Chapter 425, Zoning, and must meet the code requirements of all applicable Town ordinances.
D.
Approved circulators and filtration systems must be
provided for all pools except wading pools.
E.
Elevated outdoor lighting, if used, shall be installed
with glare shields and not directed toward adjacent property owners.
F.
Water contained in swimming pools must be kept healthy
and sanitary at all times, and shall not emit an offensive odor that
creates a nuisance or unhealthy condition.
G.
For outdoor pools, any overhead wiring not inside
an electrical conduit shall not pass over any part of the deck or
an area within 20 feet of the nearest edge of the pool.
H.
Abandoned pools must be removed or appropriately filled
and covered under ground.
I.
Aboveground pools may be installed without a survey
if permitted by the Code Enforcement Officer. In-ground pools require
an engineered plot plan with grading approved by the Building Inspector.
A.
Swimming pools shall:
(1)
Be located on a lot on which is situated a principal
residential building.
(2)
Be located so that the distance from the water's edge
to the side and rear lot line is not less than the building setback
line as required by Chapter 245, Zoning.
(3)
Not be permitted in the front yard or within approved
swale or stormwater management systems, as defined in Chapter 245,
Zoning.
B.
No part of a swimming pool, including but not limited to decks, aprons, mechanical equipment buildings, and bath houses, which is 12 inches or more above grade of the lot shall be located within the yard areas, as defined in Chapter 425, Zoning.
C.
A swimming pool, no part of which is 24 inches or
less above the grade of the lot, shall not be considered in calculating
lot coverage. For the purpose of this chapter, the "lot grade" shall
be that area of the lot on which the pool is situated within 20 feet
of the water's edge of the pool.
Public pools, as defined by the Swimming Pool
Code, shall be approved by the Bethany Beach Planning and
Zoning Commission.[1] All public pools are regulated by the State of
Delaware, Regulations Governing Public Pools, Section 26 of the State
Code.
[1]
Editor's Note: Ordinance No. 527, adopted 11-18-2016, established
the Planning and Zoning Commission. Pursuant to this ordinance, references
throughout the Code to the “Planning Commission” have
been revised to the “Planning and Zoning Commission.”
Spas shall meet the same requirements as private
swimming pools.
Swimming pools must be discharged according
to guidelines established by The Delaware Department of Natural Resources
and Environmental Control (DNREC). In no event may water from a swimming
pool be discharged into a public street or stormwater management system,
nor shall any discharge be directed onto any adjoining property.
A.
Applicability. The provisions of this section shall
control the design of barriers for private, public, semi-public pools,
spas and hot tubs. These design controls are intended to provide protection
against potential drownings and near-drownings by restricting access
to swimming pools, spas and hot tubs.[1]
B.
Outdoor swimming pool. An outdoor swimming pool, including
an in-ground, aboveground, or on-ground pool, hot tub or spa shall
be provided with a barrier, which shall comply with the following:
(1)
Private swimming pools. The height of the fence constructed
which encloses the pool located on a single-family lot in the R-1
or R-2 Zoning District shall be four feet, six inches in height, the
maximum vertical clearance between grade and the bottom of the fence
is two inches, openings in the fence shall not allow passage of a
four-inch diameter sphere and shall be constructed a minimum of three
feet from the edge of the pool so as to provide an area for ingress
and egress. Such fences shall be within the required setback areas
as provided in the Table of Dimensional Requirements in Chapter 245.
All such fences are to be chain link, stockade wood or material of
equal quality.
(2)
Public pools. The height of the fence constructed which encloses a public or semi-public pool shall not exceed eight feet in height and not be less then four feet, six inches in height, the maximum vertical clearance between grade and the bottom of the fence is two inches, openings in the fence shall not allow passage of a four-inch diameter sphere and shall be constructed a minimum of five feet from the edge of the pool so as to provide an area for ingress and egress. Such fences shall be within the required setback areas as provided in the Table of Dimensional Requirements in Chapter 425. All such fences are to be chain link, stockade wood or material of equal quality.
(3)
Spas. Spas with a securable safety cover shall be
exempt from the above fencing provisions.
(4)
Gates. Access gates for all outdoor pools shall open
outward away from the pool and shall be self-closing and 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 comply with the following:
(5)
Aboveground pools. Where an aboveground pool structure
is used as a barrier or where the barrier is mounted on the top of
the pool structure, and the means of access is a ladder or steps,
then the ladder or steps shall be capable of being secured, locked
or removed to prevent access.
(6)
Indoor and outdoor pools. 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.
(b)
All doors with direct access to the pool through
the wall shall be equipped with 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.
