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.
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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.
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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.
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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
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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.
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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.
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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.
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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
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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.
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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
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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