[Ord. 7/1/58; 1983 Code Part VI T.36 § 1]
This chapter shall be known and may be cited as the "Swimming
Pool Regulations of the City of Summit."
[Ord. 7/1/58; 1983 Code Part VI T.36 § 2]
As used in this chapter:
Shall mean the City of Summit.
Shall mean the Common Council of the City of Summit.
Shall mean a swimming pool used or intended to be used solely
by the owner, operator or lessee thereof and his family, and by friends
invited to use it without payment of any fee.
Shall mean the Board of Health of the City of Summit.
Shall mean any person, firm, partnership, association, corporation,
company, or any organization of any kind.
Shall mean a body of water in an artificial or semi-artificial
receptacle or other container whether located indoors or outdoors,
used or intended to be used for public, semi-public or private swimming
by adults or children, or both adults or children, whether or not
any charge or fee is imposed upon such adults or children, operated
and maintained by any person as herein defined, whether he be an owner,
lessee, operator, licensee or concessionaire, exclusive of a family
pool as defined herein, and shall include all structures, appurtenances,
equipment, appliances and other facilities appurtenant to and intended
for the operation and maintenance of a swimming pool, and also all
swimming pools operated and maintained in conjunction with or by clubs,
motels, hotels and community associations.
[Ord. 7/1/58; 1983 Code Part VI T.36 § 3]
Before work is commenced on the construction of a swimming pool
or family pool or any alteration, addition, remodeling or other improvement
to a swimming pool or family pool, an application for a permit to
construct and the plans and specifications and pertinent explanatory
data shall be submitted to the Construction Official for approval.
Before issuing a permit the Construction Official shall be furnished
by the applicant with approval in writing by the Health Department
and by any other Department of the City which is charged with the
duty of issuing permits for building, plumbing, electrical work, sewer
connections, or any other work, which by the nature of the application
is concerned with the proposal. The Construction Official shall review
the approval and permits as required above, and the plans and specifications,
to determine whether they comply with the provisions of this chapter
and with reasonable standards of swimming pool construction for the
protection of the public safety, health and morals as prescribed in
Rules and Regulations promulgated by the Health Department pursuant
to ordinance.
The application to the Health Department for approval to construct
a swimming pool or family pool or to construct any alteration, addition,
remodeling or other improvement to a swimming pool or family pool
shall be submitted in such forms and be supported with such information
and data, as well as plans, specifications and pertinent explanatory
data, as the Health Department may require pursuant to its Rules and
Regulations.
A fee of twenty-five ($25.00) dollars shall be charged by the
Construction Official for a permit to construct a swimming pool or
family pool or any alteration, addition, remodeling or other improvement.
Annual license fees shall be paid in accordance with the Health Department
ordinance.
[Ord. 7/1/58; 1983 Code Part VI T.36 § 4]
Plans, specifications and pertinent explanatory data required
to be submitted in connection with an application for a permit to
construct a swimming pool or any alteration, addition, remodeling
or other improvement to a swimming pool shall comply with the requirements
and include the plans and information as well as such other data as
may reasonably be requested by the Construction Official.
[Ord. 7/1/58; 1983 Code Part VI T.36 § 5]
Every outdoor swimming pool or family pool shall be completely
surrounded by a fence or wall not less than four (4') feet in
height, which shall be so constructed as not to have openings, holes,
or gaps larger than four (4") inches in any dimension except for doors
and gates; and if a picket fence is erected or maintained, the horizontal
dimension shall not exceed four (4") inches. A dwelling house or accessory
building may be used as part of such enclosure.
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 at all times when not in actual use, except
that the door of any dwelling which forms a part of the enclosure
need not be so equipped.
This requirement shall be applicable to all new and existing
swimming pools or family pools now in existence or hereafter constructed,
other than indoor pools, which have a depth of over eighteen (18")
inches of water in any part. No person in possession of land within
the City, either as owner, purchaser, lessee, tenant or a licensee,
upon which is situated a swimming pool or family pool having a depth
of over eighteen (18") inches in any part shall fail to provide and
maintain such fence or wall as herein provided.
The Construction Official may make modifications in individual
cases, upon a showing of good cause with respect to the height, nature
or location of the fence, wall gates or latches, or the necessity
therefor, provided the protection as sought hereunder is not reduced
thereby. The Construction Official may permit other protective devices
or structures to be used as long as the degree of protection afforded
by the substitute devices or structures is not less than the protection
afforded by the wall, fence, gate and latch described herein. The
Construction Official shall allow a reasonable period within which
to comply with the requirements of this section.
[Ord. 7/1/58; 1983 Code Part VI T.36 § 6]
It shall be unlawful to establish or construct a swimming pool
without first having obtained a permit therefor in the manner hereinabove
prescribed.
[Ord. 7/1/58; 1983 Code Part VI T.36 § 7]
All private swimming pools hereafter constructed shall be connected
to either a brook or storm sewer or sanitary sewer. The capacity of
the sanitary sewer must be adequate as determined by the City Engineer.
Where it is necessary to drain into a sanitary sewer, the drain outlet
pipe shall not be over two (2") inches in diameter.
No pool drain shall be connected to the sanitary sewer system
if a storm drain or brook is reasonably accessible to the premises
upon which the pool shall be located. Where, however, only the sanitary
sewer system is available for the discharge of pool water, such discharge
will be permitted into such sanitary sewer providing the pool capacity
does not exceed thirty-six thousand (36,000) gallons. Where such drainage
is into a sanitary sewer, the pool shall not be drained more than
once each year and only then upon a permit from the City Engineer
and at a time designated by the Engineer.
[Ord. 7/1/58; Code Part VI T.36 § 7]
No swimming pool or family pool shall be so located, designed,
operated or maintained as to interfere unduly with the enjoyment of
property rights by owners of property adjoining the swimming pool
or family pool or located in the neighborhood. For this purpose the
following standards shall be observed.
No swimming pool or family pool shall be constructed or installed
on any lot unless the same shall be accessory to a residence building
or other permitted structure in conformity with the Zoning Ordinance
of the City of Summit. No swimming pool or family pool shall be constructed
or installed nearer to the street line on which the property fronts
than the main front wall of the dwelling or structure erected thereon
and shall be not less than fifteen (15') feet from the rear and
side lines of the lot. In no event shall a street line be deemed to
be a side or rear lot line.
[Ord. 7/1/58; 1983 Code Part VI T.36 § 8]
Lights used to illuminate any swimming pool or family pool shall
be so arranged and shaded as to reflect light away from adjoining
premises.
[Ord. 7/1/58; 1983 Part VI T.36 § 10]
It shall be unlawful for any person to make, continue, or cause
to be made or continued at any swimming pool or family pool, any loud,
unnecessary or unusual noise or any noise which annoys, disturbs,
injures and endangers the comfort, repose, health, peace or safety
of others. In the operation of a swimming pool or family pool, the
use or permitting the use or operation of any radio, receiving set,
musical instrument, phonograph or other machine or device for the
producing or reproducing of sound in such manner as to disturb the
peace, quiet and comfort of the neighboring inhabitants or at any
time with louder volume than is necessary for convenient hearing of
the person or persons who are in the swimming pool or family pool
premises shall be unlawful.
[Ord. 7/1/58; 1983 Code Part VI T.36 § 11]
The carrying on of any commercial undertakings at a swimming
pool or family pool entailing sales of food, drinks, novelties or
other merchandise in a manner unreasonably disturbing neighboring
property owners and inhabitants in the enjoyment of their property
shall be prohibited. Swimming pool signs and placards shall be of
such type and so affixed as not to prejudice or unreasonably disturb
the enjoyment of neighboring property owners of their property.
[Ord. 7/1/58; 1983 Code Part VI T.36 § 12]
In the construction, operation and maintenance of any swimming
pool or family pool State laws and the rules, regulations and requirements
of the Health Department shall be observed. In the event of any conflict
between the provisions of this chapter and any provision of State
law or requirement, rule and regulations of the Health Department,
the provision imposing the higher standard or the more stringent requirement
shall be controlling.
