City of Muskego, WI
Waukesha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Muskego 7-14-1992 by Ord. No. 758 (§§ 12.14 and 12.16 of the 1964 Code). Amendments noted where applicable.]
The following types of pools require a permit under this chapter:
A. 
Aboveground pools with a depth of 24 inches or more or a diameter of more than 10 feet.
B. 
Spas and hot tubs.
C. 
In-ground pools.
D. 
Public pools. All public pools shall be built and maintained in accordance with the rules of the State Department of Agriculture, Trade and Consumer Protection, Ch. ATCP 76, Wis. Adm. Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 4-6-2000 by Ord. No. 1020]
A. 
The following permits are required:[1]
(1) 
Registration or construction permit.
(2) 
Electrical permit. Required for spas/pools with electrical equipment. When required, a licensed electrician must take out the permit.
(3) 
Plumbing permit. Required for spas/pools, filters and pumps requiring plumbing connection or water supply lines. When required, a licensed plumber must take out the permit.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
The fees for permits required by this chapter shall be as from time to time established by resolution of the Common Council and listed in Table 1.[2] Such resolution shall remain on file with the Clerk-Treasurer and in the office of the Building Inspector.
[2]
Editor's Note: Table 1 is on file at the Public Works and Development Department.
The application for a pool permit shall include the following:
A. 
Survey or accurate drawing of the property, showing all existing structures, proposed pool location, fencing if required, and location of any underground or overhead utilities.
B. 
Architectural approval from homeowners' association, or developer, if applicable.
C. 
Brochure showing the type, style, etc., of the pool to be installed.
D. 
Location of well, if applicable.
E. 
Waukesha County Health Department approval for properties served by a private septic system.
F. 
Pool height above highest point of grade (aboveground pools only).
G. 
Type and height of fence, if proposed, showing gate and latch details, or other method used to prevent unauthorized access.
H. 
Show any changes in finish grade around pool.
I. 
Proof of site inspection by Digger's Hotline.
J. 
If constructing a deck, information regarding material type, component size and spacing, as well as railing details, shall be submitted. All construction shall meet requirements of Wisconsin Uniform Building Code § 30.30.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 2-4-2010 by Ord. No. 1309]
See § 400-208 of Chapter 400, Zoning, of the City Code for location requirements.
A. 
In-ground pools shall be completely fenced, before filling, by a permanent, sturdy fence, not less than four feet nor more than six feet in height. Access to any such pool shall be through a gate or gates in the fence, equipped with a lock or self-closing, self-latching device placed at a minimum height of three feet above the ground.
B. 
Aboveground pools having a height of less than 3 1/2 feet (42 inches) above ground at any portion of the pool side wall are required to be fenced the same as in-ground pools. When fencing is required, it shall be installed to extend a minimum of five feet beyond any area less than 42 inches high.
C. 
When the height of a pool side wall is such that a fence will not be required (42 inches or higher), all ladders, steps or other means of access to an aboveground pool shall be removed and/or designed to prevent access when the pool is unattended.
A. 
Lighting. Lights shall be erected so as to eliminate direct rays and minimize reflected rays of light onto adjoining properties and roadways. Lighting installation shall be done in accordance with the State of Wisconsin Electrical Code.
B. 
Safety devices. Every swimming pool which has a capacity for water exceeding four feet in depth at any point shall be equipped with at least one life preserver and/or other safety devices.
C. 
Electrical. Separation from overhead and underground electrical wiring shall be in accordance with the State of Wisconsin Electrical Code and/or local code. Required electrical wiring supplying all pools shall be installed in accordance with Article 680 of the National Electrical Code by an electrical contractor licensed by the State of Wisconsin.[1]
(1) 
The following parts of swimming pools shall not be placed under existing service drop conductors or any other open overhead wiring, nor shall such wiring be installed above the following:
(a) 
Swimming pool and the area extending 10 feet horizontally from the inside of the walls of the pool.
(b) 
Diving structure.
(c) 
Observation stands, towers, or platforms.
(2) 
The National Electrical Code requires the use of ground fault interrupters with outlets.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
All pools designed to keep water throughout the summer shall be maintained in such a way as to not create a nuisance, hazard, or eyesore or otherwise result in a substantial adverse effect on neighboring properties, or to be in any way detrimental to public health, safety, or welfare. Drainage or draining of any pool cannot be discharged onto abutting property but must be absorbed into the streets or City gutters which would then empty into the City storm system.
Equipment of circulating pumps and filters must be located so as not to create a nuisance or a noise problem and, if necessary, to shield or build a protective barrier.
Inspections are required, the type and timing of which will vary depending upon the particular project in question. When applying for a permit, inquire as to inspection information.
Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 1-4 of this Code.