Loading...
HomeMy WebLinkAboutOrdinance 737CITY OF COLUMBIA HEIGHTS ADMINISTRATIVE OFFICES COLUMBIA HEIGHTS, MINNESOTA 55421 ORDINANCE 7~7 BEING AN ORDINANCE RELATING TO SWIMMING POOLS, REGULATING THE DESIGN, CONSTRUCTION, OPERATION AND MAINTENANCE THEREOF. THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN: Section 1. Definitions Swimming Pool. A swimming pool is any structure, basin, chamber or tank containing an artificial bo~y of water for swimming, diving, or recreational bathing, more than 200 square feet in area or over 24 inches in depth, above or below the ground. Public Swimming Pool. Any swimming pool, other than a private residential pool, intended to be used collectively by numbers of persons for swimming or bathing operated by any person as defined herein, whether he be the owner, lessee, operator, licensee, or concessionaire, regardless of whether a fee is charged for such use. Private Residential Swimming Pool. Any swimming pool, located on private property under the control of the homeowner, apartment owner, or land owner, the use of which is limited to swimming or bathing by members of his family, tenants, or their invited guests. D. Health Authority. The City Health Officer of the City of Columbia Heights. E. Building Official. The City Building Official or Building Inspector of the City of Columbia Heights. Section 2. Enclosures Fencing. Ail outdoor swimming pools existing and hereafter con- structed shall be completely enclosed by a fence or wall of the non- climbing type. Gates. All fence openings or points of entry into the pool area enclosure shall be equipped with gates. The fence and gates shall be at least five feet in height and shall be constructed of a minimum number 11 gauge woven w|re mesh corrosion-resistant material, or other material approved by the Building Inspector. Ce Specifications. All gates shall be equipped with self-closing and self-latching devices placed at the top of the gate, at least five feet above the base of the gate, or, in the judgment of the Building Official, equally inaccessible to small children. All fence posts shall be decay or corrosion-resistant and shall be set in concrete bases or, alternatively, 3½" by 3½" creosote soaked posts buried to a depth of at least three feet tamped soil. The opening between the bottom of the fence and the ground or other surface shall not be more than four inches. Section 3. Plans and Specifications Plans. 1. No person shall begin construction of a swimming pool or shall alter or reconstruct any public swimming pool without first having submitted plans and specifications to the Health Authority and Building Official for review and approval. 2. All plans and specifications, including a site plan, shall be submitted in duplicate. The Building Official shall arrange for' the review and approval of the plans and specifications by other appropriate departments of the City of Columbia Heights. 3. No permits to construct, alter, or renovate shall be issued by the Building Official until approval is granted as is hereinafter set forth. Forms. The application for a permit to construct or remodel a swimmi~ng pool shall be on such forms as may be prescribed by the Building Official and Health Official together with any supporting data as may be required by such officials for the proper review of the plans. C. Specifications. No person shall build, alter, or reconstruct a swimming pool whi'ch deviates from the approved plans without first obtaining prior written approval for such deviation from the Building Official. e The owner or his agent shall notify the Health Authority and Building Official at specific states of construction as the Building Official may require and at the time of completion of the pool to permit adequate inspection of the pool and related equipment during and after construction. e No person may use or operate such a pool until such time as the Building Official and Health Official indicate in writing that each of the requirements of this Ordinance has been satisfied. The criteria to be followed by the Health Authority in review and approval of plans shall be set forth in "Regulations on the Design, Construction and Operation of Public Swimming Poots'' being pages 14 to 36 of "Suggested Ordinance and Regulations Covering Public Swimming Pools" prepared by the Joint Committee on Swimming Pools in cooperation with the United States Public Health Service, approw~d -3- by the Conference of State Sanitary Engineers, Conference of Municipal Public Health Engineers and the Engineering and Sani- tation Section, the Committee of Evaluation and Standards and the Governing Council of the American Public Health Association, published by the American Public Health Association, 1964, three copies of which are on file and available for inspection in the Office of the City Clerk of the City of Columbia Heights. The same are hereby adopted by reference, and all terms of said regulations are made a part hereof as if fully set forth in this chapter. The plans submitted by a permit applicant shall be drawn to scale and accompanied by proper specifications so as to.permit compre- hensive engineering review of the plans including the piping and hydraulic details and shall include: Section 4. Health and Safety Plan and sectional views with all necessary dimensions of both the pool and surrounding area. A piping diagram showing all appurtenances including treatment facilities in sufficient detail, as well as pertinent elevation data to permit a hydraulic analysis of the system. The specifications shall contain details of all treat-~ ment equipment, including catalog identification of pumps, chlorinators, and related equipment. A. No person having a communicable or infectious disease shall be employed or work at a public swimming pool. All patrons or swimmers suspected of having an infectious or communicable disease may be excluded by the Health Authority or his agent. The Health Authority shall promulgate rules and regulations to define infectious and communicable diseases and determination of the same. B, Safety. Appropriate facilities at public pools shall be provided for the safety of bathers as may be required by the Health Authority. This shall include lifesaving equipment, safety devices, lifebuoys, llfehooks, first aid kits, telephone, and adequate staff during skimming periods who are competent in lifesaving and artificial resuscitation. Rules and regulations establishing standards of the competency of lifeguards shall be promulgates by the Health Authority. C, Supervision. Every swimming pool, public and private, shall be under the supervision of a capable individual who shall assume the responsibility for compliance with all parts of this Ordinance relating to pool operation and maintenance, and safety to bathers. D. Maximum Load. No person shall use or permit any swimming pool in the City of Columbia Heights to be used in excess of the maximum design bather load. -4- Section 5. Inspection. Section 6. The Health Authority is authorized to conduct such inspections as he deems necessary to insure compliance with all provisions of this Ordinance. He shall have the right of entry to the swimming pool for' this purpose. Failure to allow entry to said swimming pool for the purpose of inspection shall be cause for revocation of the permit to operate a swimming pool. Operation Section 7. Records. The operator of each public pool shall keep a daily record of information regarding operation, including disinfectant: residuals, maintenance procedures, re-circulation, together with other data as may be required on forms furnished by the Health Authority. These data shall be kept on file by the operator for six months for review by the Health Authority or submitted periodically to the Health Department as may be required by the Health Officer. The operator of a private pool may be required to keep such records as the Health Authority may in his discretic~n designate in order to maintain health and safety. Cleanliness. The Health Authority shall enforce Minnesota State Health regulations for cleanliness and bacterial quality and may promulgate such other regulations providing standards for clean- liness of water and bacterial quality as he deems necessary. Pools located in Residential Districts Yard Requirements. No person shall build, situate or install a swimming pool within ten feet of any side or rear lot line, nor within six feet of any principal structure or frost footing unless part of the principal structure, nor within any required front yard. Noise. No person shall build, situate, or install a filter unit, pump, heating unit, or any other noise-making mechanical equip- ment within fifty feet of any residential structure not situated on the same lot as the pool and not closer than ten feet to any lot line. No person shall build, situate, or operate any electric equipment emitting sound in excess of N.E.M.A. standards, nor operate, build, or construct mechanical equipment emitting sound in excess of three (3) decibels Aiweighted less than the electrical machinery used in conjunction with said pool. Section 8. C. Restrictions. No person shall construct, build, situate or install a public swimming pool within a residential zone. Pools Located in Other Districts. Proximity. No part of the water surface of any public swimming pool shall be less than fifty feet from any adjacent property owner's lot line. Noise, No pump, filter, heating units, or other apparatus used in connection with or to service a public swimming pool shall be located less than fifty feet from any adjacent property owner's lot line. No person shall build, situate, or o operate any electrical equipment emitting sound in excess of N.E.M.A. standards nor operate, build, or constr~ct mechanical equipment emitting sound in excess of three (3) decibels A-weighted less than the electrical machinery used in conjunction with said pool. Section 9. Building Permits. A building permit shall be required for any private or public pool as defined herein. B. Minimum information. An application for a building permit shall show, among other things, the following: a. Type and size of pool b. Site plan 1. Location of pool 2. Location of house, garage, fencing, and other features and structures of and on the lot 3. Location of structures on all adjacent lots 4. Location and type of filter unit, pump, and wiri.ng involved. 5. Location of back-flush and drainage outlet 6. Grading plan, finished elevations, and final treatment (decking, landscaping, etc.) around pool 7. Location of existing overhead or underground wiring, utility easements, trees, and similar features. 8. Location of any water heating unit Denial. The Building Official shall deny the application for a permit which does not comply with any of the provisions of this 8rdinance or other City Ordinances, including the zoning ordinance and building code. SectiOn 10. General Provisions A. Utility lines. Pools shall not be located beneath utility lines nor over underground utility lines of any type. In-ground pools. In the case of in-ground or underground pools, due precautions shall be taken during the construction period to assure that proper care shatl be taken in stock piling exca- vated material to avoid erosion, dust, or other infringement onto adjacent property. -6- Drainage. No person owning or having control of a swimming pool shall allow drainage onto property other than that of the owner of the pool nor allow drainage into other than sanitary sewer approved for such purpose. No person owning or having control of a swimming pool shall allow water to drain onto adjacent or nearby land. De Illumination of public pools. Public pools shall be illuminated after sunset when in use. Lighting for a public or private pool may not be directed into or onto adjacent property and shall measure no more than one foot candle of illumination at any point on the boundary line of any adjacent property. Accessory uses. All deck areas, adjacent patios, or other similar areas used in conjunction with a swimming pool shall be located not closer than ten feet in residential districts, or thirty feet in all other areas, to any adjacent property owner's lot line. Adequate screening, including both fencing and landscape treat- ment shall be placed between said areas and adjacent residential lot lines. This section shall not serve to reduce front, rear and side yard requirements under this Ordinance or the zoning ordinance. Safety fencing. No person shall fill or partially fill a swimming pool before safety fencing required under this Ordinance is com- pletely installed. Section 11. Safety Precautions Ae Safety ropes. Safety ropes suitably anchored shall be provided at the water line when the designed pool operating water level is 4½ feet or more. B. Skilled swimmer. A skilled swimmer should be present at all times that public pools are in use. Buoys. Every swimming pool shall be equipped with one or more throwing ring buoys not more than 15 inches in diameter and hav- ing sixty feet of 3/16 inch manila line attached, and shall have one or more light but strong poles with blunted ends not less than twelve feet in length for making reach rescues or assists. D. Diving board. Diving board height above the pool water level shall be in accordance with approval by the Health Authority. Section 12. Planning Commission Approval. A. Denial. Any person denied a permit to build a swimming pool may appeal to the Planning and Zoning Commission. The Planning and Zoning Commission may then either recommend that the permit be issued or recommend that the permit be denied. The City Council of the City of Columbia Heights shall act upon such recommendation within thirty days after the Planning and Zoning Commission makes such a recommendation. When the Planning and Zoning Commission recommends denial of the permit, the permit may only be granted upon a vote of four-fifths (4/5) of the members of the Council. Upon recommendation for Tssuance of the permit, a simple majority of the Council may grant issuance of the permit. Any proposed deviation~ Any person seeking a proposed devia- tion from the standards and requirements of this Ordinance may apply for a variance in accordance with normal zoning procedures. Such a variance may only be granted by the City Council of the City of Columbia Heights upon a four-fifths vote of said Council any may only be granted when carrying out the strict letter of this Ordinance would cause an undue hardship upon the applicant. Ce Should any person appeal from a denial by the Building Inspector of an application for a permit to build, construct, or substan- tially alter a public or private swimming pool, the Zoning Admlni- strator shall notify all property owners within 150 feet of the proposed pool by written notice stating the time, place and pur- pose of any hearing upon the application before the Planning and Zoning Commission or the City Council. Failure to give such notice shall not invalidate any proceedings by the Planning and Zoning Commission or the City Council. Section 13. Permits. A. No person may construct, alter, remodel or operate a swimming pool without having first obtained a permit for the same. No permit shall be granted unless said pool conforms with the regu- lations adopted by this Ordinance. Permits for operation of a swimming pool may be granted for calendar year upon payment of the permit fee and upon being certified by the Building Official that said pool conforms to the regulations of this Ordinance. B. Public swimming pools. No person shall operate or maintain a public swimming pool unless he has obtained a permit to operate such pool for the calendar year of such operation or maintenance from the Health Authority and Building Official. Such permits shall be obtained by January 1 and shall be valid for one year unless otherwise revoked for cause. Only persons who comply with this Ordinance shall be entitled to renew such a permit. Fee. The City Council of the City of Columbia Heights shall set by annual resolution the amount of the annual fees and building fees. Should the City Council fail to enact such resolution, the fee schedule from the prior year shall be applicable. Such permits are not transferrable. Section 14. Violations. Any person constructing, altering, remodeling or operating a public or private pool without a permit shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed $300 or by imprisonment for a period not to exceed 90 days or both. Revocation of Permits Ae Non-compliance or misrepresentation. The City Council may revoke any permit for failure to comply with any of the provisions of this Ordinance or the regulatlons of the Health Authority. Similarly, the City Council may revoke any permit which may have been obtained through non-disclosure, misrepresentation, or misstatement of material fact. Public hearing. Before the City Council shall have the authority to revoke a permit for operation of a swimming pool, the person to whom the permit is issued shall be entitled to a public hear- ing. Said public heari.ng shall be preceded by written notice to the permittee. Such notice shall give at least eight days notice of the time and place of the hearing and shall state instances of failure to comply with regulations and reason for the proposed revocation. Such permittee shall have the right to appear at such public hearing. Section 15. Severability Should any section, subdivision, clause or other provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Ordinance as a whole nor any part thereof other than the part so declared to be invalid. Section 16. Any person violating this Ordinance shall be guilty of a misdemeanor' and, upon conviction, shall be punished by a fine not to exceed $300 or imprisonment for a period not to exceed 90 days or both. Section 17. This Ordinance shall take effect and be in full force from and after thirty days after its passage. First reading: Second reading: Offered by: Seconded by: Roll call: May 14, 1974 dune 10, 1974 Land Logacz AIl Ayes cretary pro~tem to the Council Bruce G. Nawrocki, Mayor