4.08 - Swimming Pool Construction and Demolition § 4.08
Section 4.08: Swimming Pool Construction and
Demolition
Subdivision 1. Definitions
As used in the City Code, the following words and terms shall have the meanings
stated:
A. Swimming Pool: means a permanent structure, basin, chamber, or tank
containing an artificial body of water for recreational swimming or diving,
more than five thousand (5000) gallons and over twenty-four (24) inches in
depth. This includes in-ground, aboveground and on-ground pools; hot tubs;
spas and fixed-in-place wading pools. The walls or fence shall be at least five
(5) feet in height measured from the finished grade. Gates shall be at least
five (5) feet in height measured from the walk beneath.
B. Public Swimming Pool: means a swimming pool other than a private
single-family residential swimming pool, intended to be used collectively by
numbers of people for swimming, regardless of whether a fee is charged for
use. Included in this definition are swimming pools located in or adjacent to
apartment buildings, condominiums, townhouses and other multiple dwelling
residential complexes, public and/or private schools, public and/or private
recreational sports facilities, institutional facilities and commercial property,
unless used for sales and/or display purposes only.
C. Private Swimming Pool: means a swimming pool connected with a single-
family residence or owner-occupied duplex, located on private property under
control of the homeowner, the use of which is limited to family members or
the family's invited guests. A private residential pool can not be used as part
of a business.
Subdivision 2. Permit Required
A. To the extent required by the City Building Code, a person shall not
construct, alter, reconstruct or demolish a swimming pool without first
obtaining a building permit from the City. Mechanical and electrical permits
are also required. A grading permit may be required from the Physical
Development Department, for construction or demolition.
B. A permit may be revoked or work stopped following procedures set forth in
the City Building Code.
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§ 4.08
Subdivision 3. Permit Application
The application for the building permit shall be accompanied by two (2) sets of
plans and specifications, soil tests, and other supporting data that may be required
for proper review of the plans. The plans shall be drawn to scale, accompanied by
sufficient specifications to permit a comprehensive review of the plans, and shall
include:
A. pool plan and sectional views with all necessary dimensions of the pool and
construction details of fencing required by code,
B. a survey, or site plan based on a survey, indicating dimensions from the
pool's edge to all structures on the site and the property lines, location of
easements, all pool equipment and fence and gate locations,
C. a piping diagram showing pertinent elevation data and all appurtenances
including treatment facilities in sufficient detail to permit a hydraulic analysis
of the system and details on all treatment equipment, including catalog
identification of pumps, chlorinators, and related equipment.
Subdivision 4. Construction Requirements
A. New and existing outdoor swimming pools shall be completely enclosed by a
fence or wall. Openings or points of entry into the pool area enclosure shall
be equipped with gates. The wall or fence and gates shall be at least five (5)
feet in height. A fence shall be constructed of at least a number eleven gauge
woven wire mesh corrosion-resistant material or other materials approved by
the building inspector. Gates shall be equipped with self-closing and self-
latching devices capable of being locked, placed on top of the gate or another
place inaccessible to small children. Fence posts shall be decay or corrosion-
resistant and shall be set in concrete bases or material approved by the
Building Inspector. The fence shall not have an opening greater than four (4)
inches or start more than two (2) inches off the ground. The fence cannot be
a readily climbable design and shall meet the requirements of the City Code.
The pool shall not be filled with water until the fence has been completed and
approved.
B. Swimming pools shall be located on the premises in compliance with the
zoning code requirements. A private detached pool shall meet the setback
requirements of an accessory structure. Setbacks are measured from the
edge of the pool. Pools, aprons or pool equipment are not permitted in an
easement.
C. A swimming pool and its appurtenances shall be located at least ten (10) feet
from an existing portion of a sewage system. The water supply line for a
swimming pool shall be at least fifteen (15) feet from an existing portion of a
sewage system.
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§ 4.08
D. No electric wires shall be over the pool area or within ten (10) feet of the
pool's edge.
E. The pool and related facilities shall be built in accordance with plans approved
by the City. The pool may not be placed in operation until final inspection
approval and, if a public swimming pool, issuance of a Public Pool License as
required under Section 6.48.
F. The demolition of an existing swimming pool requires the removal of the
entire pool, including the foundation and all electrical and plumbing
appurtenances. Excavated areas must be filled with clean fill to match
adjacent contours.
Subdivision 5. Construction Inspection
A person who does or causes to be done any of the work covered by this section
shall notify the City at specific predetermined stages of construction and at the time
of completion to allow adequate inspection of the pool and related equipment. A
permit for the removal of an existing swimming pool requires an inspection after
the pool is removed but before the fill is placed.
Subdivision 6. Safety and Maintenance
Pools and pool fences shall be maintained so as not to pose a health hazard or
danger. Pools shall be closed if the following conditions exist for a period in excess
of forty-eight (48) hours:
A. There is no circulation or filtration.
B. There is insufficient disinfectant.
C. Water clarity is lacking so that the pool bottom is not visible from the pool
edge.
D. Unsafe electrical, mechanical and biological conditions are present.
E. Pool fencing is in disrepair.
A "Pool Closed" sign shall be posted until the corrections are completed and
approved by the City Manager or his/her designee. If corrections are not completed
or the pool has been abandoned, the pool shall be removed per Subdivision 3F of
the Section.
Subdivision 7. Drainage
A person who drains, allows or causes the drainage of water from a public or
private swimming pool, including an accumulation of precipitation or runoff, shall do
so only into the street pavement immediately adjacent to the property or to the
nearest storm sewer inlet, unless otherwise required or approved by the City
Engineer. Drainage shall not be permitted into any sanitary plumbing fixture. The
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§ 4.08
person who drains a swimming pool shall regulate the volume and rate of the
discharge to prevent damage to public or private property.
Subdivision 8. Enforcement
The City Building Inspector and his/her agents are authorized to enforce the
provisions of this section.
Source: Ordinance No. 294, 2nd Series
Effective Date: 4-30-04
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