[R.O. 2012 §545.010; Ord. No. 6326 Art. I, 5-7-1973]
As used in this Chapter, the following terms shall have these prescribed meanings:
- PRIVATE OR PUBLIC SWIMMING POOL
- Any swimming pool which is used, or intended to be used, and available to the family of the owner or his/her private guests, or a swimming pool available to the general public. This definition shall include pools owned by apartments, hotels, motels, mobile-home parks, etc. and intended for the use of their occupants or guests, as well as owned by fraternal or civic organizations.
- SWIMMING POOL
- Any constructed pool, used for swimming or bathing twenty-four (24) inches or more in depth, or with a surface area exceeding two hundred (200) square feet.
- WADING POOL
- Any constructed pool shall mean either a portable water container used for recreational wading purposes which, at its deepest point, is not over twenty-four (24) inches. Any such container with a volume in excess of six hundred seventy-five (675) cubic feet of water shall, for the purposes of this Chapter be classified as a private swimming pool and shall be subject to the regulations pertaining thereto.
[R.O. 2012 §545.020; Ord. No. 6326 Art. II, §1, 5-7-1973]
No swimming pool shall be used in whole or in part until an occupancy permit has been issued by the Building Official certifying that such swimming pool conforms to the provisions of this Chapter and has been constructed in accordance with the application and the permit therefor.
[R.O. 2012 §545.030; Ord. No. 6326 Art. II, §2, 5-7-1973]
All swimming pools in existence on May 7, 1973 shall be exempt from the rules and regulations herein set forth, with the following exception:
Those existing pools which, by their nature of construction, are declared to be unhealthful, unsanitary or dangerous to such an extent that life or property would be endangered or threatened as a result thereof. Such declaration shall be the responsibility of the Building Official or Health Authority of the City, and shall be transmitted by registered mail to the owner of the property on which the nonconforming swimming pool is located. The property owner shall be given a maximum of ninety (90) days in which to correct the hazard, after which, if the hazard remains, he/she shall be liable for punishment as provided by City ordinances.
[R.O. 2012 §545.040; Ord. No. 6326 Art. III, §1, 5-7-1973]
All swimming pools, or auxiliary buildings related thereto shall be located not less than ten (10) feet from any rear or side lot line, and in the case of corner lots, not less than fifteen (15) feet from the side street line and not less than twenty (20) feet from a principal building on an adjoining lot. No swimming pool shall extend forward of the front building line. If located in the side yard, it shall not be less than sixty (60) feet from the front line, and not less than fifteen (15) feet from the side line.
[Ord. No. 2013-05-07 §10, 5-20-2013]
The 2012 International Swimming Pool and Spa Code, as published by the International Code Council, is for all intents and purposes adopted and incorporated by reference in this Chapter as if fully set forth herein, except insofar as the same may be in conflict with this Code of Ordinances in which case the more restrictive provision shall apply.
A copy of the 2012 International Swimming Pool and Spa Code is on file and open for inspection of the public in the office of the City Clerk of the City of Excelsior Springs.
[R.O. 2012 §545.060; Ord. No. 6326 Art. III, §3, 5-7-1973]
All contractors shall have the responsibility of properly protecting excavation sites, in the course of construction, so that no undue hazard is created by periods of rainfall or work stoppage.
[R.O. 2012 §545.070; Ord. No. 6326 Art. III, §4, 5-7-1973]
Every person owning land on which there is a swimming pool which contains twenty-four (24) inches or more in depth at any point, shall erect and maintain thereon an adequate enclosure surrounding the property or pool area, sufficient to make such a body of water inaccessible to small children. Such enclosure, including gates therein, shall not be less than four (4) feet above the underlying ground; all gates shall be self-latching with latches placed four (4) feet above the underlying ground or otherwise made inaccessible from the outside to small children. A natural barrier, hedge, pool cover or other protective device approved by the Building Official may be used so long as the degree of protection afforded by the substitute device or structure is not less than the protection afforded by the enclosure, gate and latch described herein.
[R.O. 2012 §545.080; Ord. No. 6326 Art. III, §5, 5-7-1973]
All abandoned pools and unused pools situated on premises which are not occupied or dwelt in for periods of thirty (30) days or more shall be drained or equipped with a swimming pool cover approved by the Building Official as being adequate to prevent accidental drowning.
[R.O. 2012 §545.090; Ord. No. 6326 Art. III, §6, 5-7-1973]
The Health Authorities or Building Officials shall have the right to inspect any swimming pool when they deem the same necessary and it shall be unlawful to deny said Health Authorities or Building Officials access to any pool.
[R.O. 2012 §545.100; Ord. No. 6326 Art. III, §7, 5-7-1973]
Whenever the Building Official finds that construction work in connection therewith, the erection or construction or alteration, executions or repair of which is regulated, permitted or forbidden by this Chapter, is being erected, constructed, altered or repaired in violation of the requirements of this Chapter or in violation of a detailed statement or plans submitted and approved hereunder, or of a permit or certificate issued hereunder, he/she may serve a written notice or order upon the person responsible therefor directing discontinuance of such illegal action and the remedying of the condition which constitutes a violation of the provisions or requirements of this Chapter. In the event that such notice or order is not promptly complied with, the Building Official shall request the City Attorney to institute an appropriate action or proceeding at law or in equity to restrain, correct or remove such violation or the execution of work thereon, or to restrain or correct the erection or alteration of, or to require the removal of, or to prevent the use of the construction or work erected, constructed or altered in violation of, or not in compliance with the provisions of this Chapter, or with respect to which requirements thereof or of any order or direction made pursuant to provisions contained therein shall not have been complied with.
[R.O. 2012 §545.110; Ord. No. 6326 Art. III, §8, 5-7-1973]
Whenever the Building Official finds by reason of defective or illegal work in violation of a provision or requirement of this Chapter, the continuation or work is contrary to public welfare, he/she may order, either orally or in writing, all further work to be stopped and may require suspension of work until the condition and violation has been remedied.
[R.O. 2012 §545.120; Ord. No. 6326 Art. III, §9, 5-7-1973]
The Health Authority may order the discontinuance of the use of any swimming pool upon making a finding that the same is unhealthful, unsanitary or dangerous to such an extent that life or property would be endangered or threatened as a result thereof.
[R.O. 2012 §545.130; Ord. No. 6326 Art. III, §10, 5-7-1973]
Any person who engages in the business of building, erecting, installing or constructing swimming pools in the City shall be liable for any damage caused by his/her negligence, carelessness or wilful conduct.
[R.O. 2012 §545.140; Ord. No. 6326 Art. III, §11, 5-7-1973; Ord. No. 2013-05-07 §11, 5-20-2013]
It shall be unlawful for any person to construct, alter, repair, remove or demolish or to commence the construction, alteration, repair, removal or demolition of a swimming pool without first obtaining a building permit therefor from the Building Official.
All plumbing work on pools and pool equipment shall be done by a licensed qualified journeyman plumber.
[R.O. 2012 §545.150; Ord. No. 6326 Art. III, §12, 5-7-1973]
Every application for the building permit required by this Chapter shall be made by the owner or lessee, or agent of either, or the architect, engineer or builder employed in connection with the proposed work and shall be submitted in such form as the Building Official may prescribe. Such application shall contain the full name and address of the applicant and of the owner and, if the owner is a corporate body, its responsible officers, and shall describe briefly the proposed work and shall give such additional information as may be required by the Building Official for a proper understanding of the proposed work.
Every application for the building permit required by this Chapter shall be accompanied by plans and specifications of the proposed work, together with the type and size of the filter system with the filtration and backwash capacities, piping layout with sizes and types of material, pool pump capacity and pressure or head at filter and backwash flow, waste disposal system and other pertinent data as may be required by the Building Official, including a plot diagram. The requirement for filing plans and plot diagrams, when the work involved is of a minor nature, may be waived by the Building Official.
The Building Official may revoke any building permit issued pursuant to this Chapter or his/her approval of the application for such permit in the event that he/she finds that there has been any false statement or misrepresentation as to a material fact in said application or plans on which said permit or approval was based.
All work performed under a building permit issued under this Chapter shall be completed within one (1) year from the date of issuance of said permit, except that for reasonable cause, the Building Official may grant one (1) or more extensions of time for additional periods not exceeding ninety (90) days each. If the work shall have not been completed within said one (1) year period, or additional period of time as provided herein, such permit shall be deemed no longer valid.
[R.O. 2012 §545.160; Ord. No. 6326 Art. IV, §1, 5-7-1973]
All swimming pools constructed, altered or modified shall conform with such reasonable standards as may be required by the Building Official, local Health Authority, or the Missouri Division of Health. This shall include as a minimum requirement that all swimming pools, shall be of a "flow through" recirculating design. Such design and construction shall also include any necessary assurances (traps, etc.) to prevent any possibility of pool water from entering the sanitary water system of the City. No cross-connections between the sanitary water supply system and the swimming pool shall be permitted.
[R.O. 2012 §545.170; Ord. No. 6326 Art. IV, §2, 5-7-1973]
Backflow protection shall be provided where chemical feeding devices are connected to the potable water supply and the potable water supply shall be protected against backflow or back siphonage. Swimming pool construction shall also be in compliance with the current editions of the Plumbing and Electrical Codes as the City may have adopted.
[R.O. 2012 §545.180; Ord. No. 6326 Art. IV, §3, 5-7-1973]
All swimming pools shall provide for pool drainage in a manner acceptable to the Building Official. This may include drainage to the sanitary sewer system, a storm sewer system, or by surface or subsurface spreading. The method to be approved by the Building Official will be in consideration of local conditions and available facilities.
[R.O. 2012 §545.190; Ord. No. 6326 Art. IV, §4, 5-7-1973]
In the event that provisions relating to water supply and safety and health provisions as set forth in this Chapter are not met, and if the failure to meet such requirements may reasonably be determined to pose a health threat to the public water supply system, the City shall have the authority to suspend water service to the water meter through which the violating pool is fed until such action has been taken to provide assurance against contamination of the public water supply.
[R.O. 2012 §545.200; Ord. No. 6326 Art. V, §1, 5-7-1973]
Any person who violates any provision of this Chapter, or fails to comply therewith, or with any of the requirements thereof, or who erects, constructs, alters or repairs or has erected, constructed, altered or repaired, construction or work in violation of a detailed statement or plans submitted and approved hereunder or of a permit issued hereunder, shall be punished as provided by City ordinances.