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HomeMy WebLinkAboutOrdinance 125 Family Swimming Pools ORDINANCE NO. 125 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, PROVIDING FOR REGULATION OF THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF FAMILY SWIMMING POOLS; PRESCRIBING STANDARDS AND REQUIREMENTS FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF SUCH SWIMMING POOLS AND SWIMMING POOL EQUIPMENT AND APPARATUS; PRE- SCRIBING DUTIES AND RESPONSIBILITIES OF THE BUILDING OFFICIAL OF THE CITY OF WINTER SPRINGS WITH REFERENCE THERETO; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; SEVERABILITY AND EFFECTIVE DATE. NOW, THEREFORE, the City Council of The City of Winter Springs, Florida, hereby ordains: Section 1. Short Title. This Ordinance shall be known and may be cited as the "Family Swimming Pool Ordinance of the City of Winter Springs, Florida". Section 2. Definitions. As used herein, the following words, phrases, terms, and their derivations shall have the meanings stated herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The word "shall" as used herein is mandatory and not merely directory. (a) "City" is the City of Winter Springs, Florida. (b) "Pool" is a facility containing, or intended to contain, water of a total volume greater than 8,000 gallons, used only by an individual citizen and his family or bona fide guests, and shall not include ownership, operation, or use by any type of club, co- operative housing, or joint tenancy of two or more families. (c) "Screen Enclosure" is an enclosure surrounding a pool; the walls and roof of the enclosure consisting entirely of screen mesh, except for minimum essential structural framework required for its support. (d) "Person" is any person, firm, partnership, asso- ciation, corporation or company, or any organization of any kind. Section 3. Application for Permit ,Plans, and Specifications. Before any work is commenced on the construction of a pool or any structural alteration, addition, or the re- modeling thereof, an application for a permit to construct such pool, accompanied by two (2) sets of plans and specifications and pertinent explanatory data, shall be furnished to the building official of the City for his approval, and no part of the work shall, be commenced until the building official has granted such permit to construct and has further evidenced his approval by a suitable endorsement upon such plans and specifications, and no such pool shall be used until final inspection has been made by the building official. The building official shall review such plans and specifications to determine whether they comply with the provisions of this Ordinance and with reasonable standards of swinnning pool construction. (a) The plans, specifications and pertinent data re- quired to be submitted in connection with an application for permit to construct a pool, or any alteration, addition or remodeling thereof shall comply with the following requirements and include the following plans and information, as well as such other data as may be reasonably re- quested by the building official: (1) plans shall be drawn to scale indicating all dimensions, including the length, width, and depth of the pool and extent of any perimeter patio slab; (2) a longitudinal profile plan showing the length, depths, slopes, radii of curvature, thickness of slab, steel reinforcing size and spacing, and concrete cover; (3) pipe diagram showing material type, schedule and sizes of all pipes, inlets, outlets, make-up water lines, vacuum lines, waste and drainage lines, circulation, and other piping (including all valves and valve types); (4) the liquid capacity of the pool; (5) liquid capacity of any wading pool; (6) the kind, number, and size of filters, includ- ing the square footage of the filter area in each unit; , (7) top capacity of filters in gallons per minute; (8) plot plan shall be to scale and show lot, block , or legal plot. Front, side and rear setbacks shall be shown on this plot plan. (9) all pump sizes, capacities, horsepowers and types; (10) source of original and make-up water; (11) the elevation of the existing ground water table and the type and approximate com- pactnessof the soil to a depth of twelve (12') feet. (b) Plans and specifications for pools must bear the seal and signature of a registered structural engineer licensed to practice in the State of Florida in any or all of the following instances: (1) where pools exceed 1000 square feet in area at water level; (2) where pools depart from simple rectalinear or curvalinear shape; (3) where any of the following soil conditions exist at or near the center of the proposed pool location within twelve (12') feet of the surface: loose to very loose sand; silt, silty sand; or sandy silt; marl; clay; peat; muck; or any other soil having high settlement characteristics. Section 4. Design and Construction Requirements. In addition to the requirements set forth in Section 3 hereof, the building official shall not issue a permit for the construction of any pool, or the structural alteration, addition, or the remodeling thereof unless the following design and construction requirements are observed in such construction and such pool shall be constructed and maintained in conformity with the following requirements: (a) All pool design and auxilliary equipment shall conform generally to the minimum standards of the National Swimming Pool Institute (latest edition). Where diving equipment is installed in addition to meeting these minimum standards, no diving board shall be installed more than one (1) meter above the water surface and the minimum distance in every instance, from the tip of the diving board to the bottom of the pool at a 450 angle shall be sixteen (16) feet. Permanent depth markings shall be placed on both sides of the pool at the shallow end, the slope break, and the diving bowl, and shall be visible from inside the pool. (b) All pool construction shall be so designed as to fully support all imposed live, dead, and impact loads. (c) All pools constructed in an area of which re- sidual ground water creates hydrostatic head against the pool structure shall have a suitable hydrostatic underdrain to which a pump may be properly attached. (d) Any completed pool shall be absolutely water- tight independent of any and all lining material or finishes. (e) Steel, plastic, fiberglass, aluminum, and other pool structures other than concrete, shall be considered as requiring special consideration of the building official in each case, especially in regard to ground water condition, grading, etc. (f) Every pool constructed, or hereafter repaired, shall be equipped with a filtration system which shall be designed and be capable of filtering and recirculating the entire volume of the pool water capacity during a sixteen (16) hour period. (g) The construction of patio decks around any pool shall slope away from the pool a minimum of three (3") inches in (10') feet and shall be de- signed and made in such manner that all scum, splash, and deck water shall not return to the pool except through the filter system. (h) All pools shall be completely enclosed by a screen enclosure, a link-type fence, or a solid wall as approved by the building official of a minimum height of five (5') feet, except that requirements for fencing or wall along the lakeside of lake- front property shall not apply where the other three (3) sides are fenced or fully enclosed, and such side enclosure is continued at least to the present or proposed low-water control level of the lake. Section 5. General Construction Provisions for Concrete Pools. All concrete pools shall be designed in accordance with requirements of Serial Designation ACI No. 318-63, as published by the American Concrete Institute. (a) Pool walls and floor slabs shall be constructed not less than five (5") inches thick and contain a minimum of not less than 3/8 inch reinforcing steel rods on twelve (12") inch centers, in both directions. Such reinforcing shall be securely supported at approximate mid-depth of base slabs and walls prior to and following placing concrete. (b) The concrete mix shall be designed to secure a compressive strength of not less than three- thousand (3,000) lbs. per square inch at twenty- eight (28) days, with a maximum slump of four (4") inches. Concrete shall be kept wet for five (5) days after placing. Section 6. Yards. No pool (excluding surrounding patio shall be located closer to the side yard property line of the lot, parcel, or piece of land upon which said pool is located than the distance required by the zoning ordinances of the City for side yards in the zone in which the property is located, plus three (3') feet, nor less than ten (10') feet from the rear property line, nor shall any part of the pool structure within and including the coping intrude upon any easement. No pool shall be located nearer to the front line of the lot, parcel, or piece of land than the main or principal building or residence to which the pool is an accessory, except that for waterfront lots, a pool shall be located not less than fifteen (15') feet from the present or proposed high-water control level of the lake. All distances shall be measured from six (6") inches outside the inside wall of pool. (a) Screen enclosures shall not be located closer to the side yard property line than the side yard setback requirement established by the zoning ordinances of the City for the lot, parcel, or piece of land upon which the pool is located, nor closer to the rear property line seven (7') feet. On lakefront property, no screen enclosure shall be erected less than twenty-five (25') feet from the shoreline as determined by the existing or established control water level. In no case shall the height be higher than twelve (12') feet. Mesh sizes shall not be smaller than 20/inch x 20/inch, nor larger than l8/inch x 14/inch. Design computations and construction details of screen enclosures shall be supplied with all plans showing that same comply with wind load and live load re- quirements of the building code of the City. Section 7. Electrical Requirements. (a) All above-ground electric wiring not in rigid metal conduit adjacent to the pool shall be a minimum of nine (9') feet six (6") inches above ground or patio level (whichever is higher) and shall not be less than a horizontal distance of five (5') feet from the pool water's edge. No electric wiring shall extend over the pool surface. (b) Electric fixture outlets adjacent to the pool shall be Underwriter Approved weatherproof out- door type with grounding sockets, attached to rigid metal conduit and located a minimum of twelve (12") inches above the ground or patio (whichever is higher) and shall be placed a minimum of five (5') feet from the pool water's edge. (c) Electric lighting to illuminate any pool or pool patio shall be so arranged and shad0wed as to prevent exposure of direct lighting upon adjoining premises. Section 8 . Plumbing Requirements. There shall be no cross connections of the drinking water supply with any other source of water supply for the pool. Any line from the drinking water supply to the pool shall be protected against back flow of polluted water by means of an air gap and shall discharge at least four and one-half (4-1/2") inches above the maximum high-water level of the make-up tank or the pool. All back-wash water, overflow, and pool cleanings must be connected to the sewer system where this service is available, or to a tile-field, or a dry well approved by the City where such sewer service is not available. In no instance shall pool waters be emptied on any street, alley, side- walk, gutter, public reservation, or open lot in th City. Pool waters not emptied into sewers shall be completely contained upon the pool owner's praperty. 'Section 9. Inspections. The building official, upon (a) notification from the permit holder or his agent, shall make the following inspections and such other inspections as may be necessary, and shall either approve that portion of the work as completed, or shall notify the permit holder or his agent wherein the work fails to comply with this Ordinance: (a) first inspection - to be made after excavation and reinforcing steel or structural framework is in place; second inspection - plumbing rough-in and electrical rough-in; final inspection - to be made on completion and ready for use; (b) during construction, all excavation must be en- closed by fencing which is a minimum of five (5) feet high and capable of preventing access by children. This fence must be in place at the time of the first inspection and remain in place until the pool is completed. This fencing may be of temporary construction or it may be of the perman- ent type required by Section 4 (h) aPQve.' If of temporary construction, it must be replaced by the permanent enclosure required by Section 4 (h) of this Ordinance prior to issuance by the building official of final approval of the pool. Section 10. Nuisances. It is the responsibility of the pool owner to see that the operation of his pool does not cause undue noise or excess lighting which might prevent the enjoyment by adjoining property owners of their property. (a) Upon construction of a swimming paol, the owner or persons responsible for its operation shall keep in service all items designed for the puri- fication of the water supply or its protection from pollution to perform adequately the function for which such were designed. (b) If any pool shall be allowed to contain stagnant or foul water, or water containing more than 1000 M.P.N. of B. Coli, the City shall give the owner of the pool fifteen (15) days notice to correct the deficiency. Should any owners not comply with the provisions of this Section by draining or cleaning such pool, the City may then ,...., 1"""'\ proceed with such work and the cost thereof shall be charged against the owners of the land and shall remain a liEm agains tsuchland until paid. Failure by the owner to proceed within the fifteen (15) day period shall also be a violation of this Ordinance and punishable in accordance with the Code of Ordinances of the City. Section ,11.' " Contractor's Qualifications. No person shall be permitted to construct any family pool as defined herein unless such person is licensed as a general contractor or a swimming pool contractor. Section:l2. Owner's PriVilege. Any bona fide property owner may construct. remodel or add to any family pool or equip- mentlocated upon his property which is occupied as a single- family legal residence. provided that he shall not be permitted to build more than one family pool per residence within each calendar year and provided further that he: (a) submits two (2) sets of plans and specifications conforming to this Code complete in all respects as required by this Ordinance and obtains a permit to do such work and pay the required permit fees; (b) do and perform or supervise all of the construction work on his said property and receive no compen- sation for his work. Se'ction 13'.' Conflict with Deed Rest'rictions. Thatin instances where deed restrictions specify criteria for placement or construction of family swimming pools that vary from the pro- visions of this Code. the provisions of the most restrictive shall apply. Section 14. Placement in City Code 'of Ordinances. This Ordinance shall be inserted into the City Code of Ordinances as Article VIII. Chapter 5, Buildings and Building Regulations. Section 15.' Conflicting Ordinances. That all ordinance , parts of ordinances, or interpretations thereof in conflict herewith are hereby repealed. All matters covered herein shall hereafter be governed solely by the provisions of this Ordinance. Section 16. Severability. If any section or portion of section or subsection of this ordinance proves to be invalid. unlawful or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or portion of a section of subsection or part of this ordinance. Section 17 . Effective Date. This ordinance shall take effect immediately upon passage and adoption. PASSED AND ADOPTED this 25 day of August 1975. FIRST READING: August 11, 1975 SECOND READING: August 25, 1975 CITY OF WINTER SPRINGS, FLORIDA By: Troy J. Piland MAYOR ATTEST: Mary T. Norton CITY CLERK I"'" .1'"'"\ . ~ M4 ~ tz;{?~ NEWMAN D. BROCK ATTOBNEY AND COUNSELOR AT LAw 616 BA6r SBXO..... BoULBV..uID ALTAMONTE SPRINGS, FLORIDA 32701 SUITE 807 SBKOIU.l'f BUl:LDINO July 17, 1975 'J.'BLBP;IlOlnl (808)880-6808 Mrs. Mary T. Norton City Clerk City of Winter Springs 102 North Moss Road Winter Springs, Florida 32707 Notice of Public Hearing regarding Family Swimming Pools Dear Mary: Enclosed is original Notice of Public Hearing regarding proposed Family Swimming Pool ordinance, a copy of which has been forwarded to the Evening Herald for publication. With kind regards, I am, ~~~~ Newman D. Brock, City Attorney City of Winter Springs, Florida NDB/djb Enclosure J I 1 I I I I I \ l .....!Jl J!!~ c: g:' .:,~ .~ a ~ .~ Q ~~. ./~~:i"~~:(~,;:;::~,,:; J. ~: en - Cr ~ li1 {;J ~ ....., ~ -.I .:3 -, - July 17, 1975 The Evening Herald Post Office Box 1657 Sanford, Florida 32771 City of Winter Springs Notice of Public Hearing Gentlemen: Enclosed is copy of Notice of Public Hearing to be published as a legal advertisement in The Evening Herald one time at least fifteen (15) days prior to July 14, 1975. Please forward your proof of publication and statement to Mrs. Mary T. Norton, City Clerk, Winter Springs. We appreciate your continued cooperation with this office. Sincerely, Newman D. Brock, City Attorney City of Winter Springs, Florida NDB/djb Enclosure de: Hr8. Ma~ T. Norton City of Winter Springs 102 North Moss Road Winter Springs, Florida 32707 .-/ CITY OF WINTER SPRINGS, FLORIDA NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN by the City Council of the City of Winter Springs, Florida, that said Council will hold a public hearing at 7:30 p.m., or as soon thereafter as possible, on Monday, August 11, 1975, to consider the adoption of an ordinance by the City of Winter Springs, Florida, title of which is as follows: AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, PROVIDING FOR REGULATION OF THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF FAMILY SWIMMING POOLS; PRESCRIBING STANDARDS AND REQUIlttMENTS FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF SUCH SWIMMING POOLS AND SWIMMING POOL EQUIPMENT AND APPARATUS; PRE- SCRIBING DUTIES AND RESPONSIBILITIES OF THE BUILDING OFFICIAL OF THE CITY OF WINTER SPRINGS WITH REFERENCE THERETO; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; SEVERABILITY AND EFFECTIVE DATE. A copy of said ordinance shall be available at the Office of the City Clerk of Winter Springs, Florida, for all persons desiring to examine same. ALL INTERESTED PARTIES are invited to attend and be heard. THIS NOTICE is to be published in THE EVENING HERALD, a newspaper of general circulation in said City, one (1) time at least 15 days prior to the time of the public hearing. DATED THIS 17th day of July, 1975. CITY OF WINTER SPRINGS, FLORIDA By Mary T. Norton, CITY CLERK NEWMAN D. BROCK, ESQUIRE ATTORNEY FOR CITY OF WINTER SPRINGS, FLORIDA r Evening Herald An Independent Newspaper SANFORD, SEMINOLE COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF SEMINOLE Before the undersigned authority personally appeared......,.,....,.,..,..,..... .. , ...... '" Rv,~~. ~~.. ~1;'.~ ~'?13.. .. , '" .. .. . .. .. '" . .. . who on oath says thatsl'le is ....",..,.. 0:ffic.a. .~8.n.ager.,... ,of the EVENING HERALD, a Newspaper Pub- lished at Sanford, in Seminole County, Florida; that the attached copy of advertise- ment, being a~.~!S~.l" .l.i~t~~.~....,.....,..,.."....,..""..,.., ..in the matter of )\(011 c, R~,ar.i,n~. r.e,~, .Cl ty. ,of, ,~,l,n,~~,:r. ,~.p~tng$,., .o:r,9.i,p.~p:~~, ,t,o, ,c,onstr,1;lc.t. ,s,wimmi.ng, .po.ol""",.."" ,in the"" c,ir.c,l.d.t, ,Court, was published in said newspaper in the issues of""".,."",.",. , , , , . , , , . , , , , , , , , , "",.,.,.,. ,.. .<!ply. ,~g,. )..97.5.,...,."""", ",.,.,.",."""", "",.", ,,', Affiant further says that the said EVENING HERALD is a newspaper published by The Sanford Herald, Inc., at Sanford, in said Seminole County, Florida, and that the said newspaper has heretofore been continuously published in said Seminole Count3' Florida, and has been entered as second class mai.l matter at the post office in Sanford, in said Seminole County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication L'1 the said newspaper. Sworn to and subscribed before me this . , , . .. . .. , .. ,2.2,nd , .. . .. .. , .. , , , , .. day of ..,....;J."1;l.J,y;L' ........,A, D. 19,7.) , J . , ) K" '" '" ....,..", :. ;~.(.';, f~"" h .~~ ~-.~, /J"J '''A''A [) , ' ",..;..I.-~{., ,~//." .a.:r:},"l:d;jt.-"':', , ~_,..-c.....,_c.-.,~ i/ ~ (SF,AL) Notary Public Mtrtary Public, State of Florida at Large, "'1 Commission Expires June 18, 1979 CITY OF WINTER SPRINGS, FLORIDA Notice of Public Hearing TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN by the City Council of the City of Winter Springs, Florida, thar said Council will.hold a pUblic hearing at 7:30 p,m" or as soon thereafter as possible, on Monday, August 11, 1975, fo consider the adoption of an ordinance by the City of Winter Springs, Florida, title of which is as follows: AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, PROVIDING FOR REGULATION OF THE CONSTRUCTION, OPERATION, AND MAIN- TENANCE OF FAMILY SWIM- MING POOLS; PRESCRIBING STANDARDS AND REQUIREMENTS FOR ,;,THE CONSTRUCTION, OPERATION AND MAINTENANCE OF S'UCH SWIMMING POOLS ANtJ-~IM- MING POOL EQUIPMENT AND APPARATUS; PRESCRIBING DUTIES AND RESPONSI BILITIES OF THE BUILDING OFFICIAL OF THE ":tY OF WINTER SPRINGS WITH REFERENCE THERETO; RSf>fi'lALtNG ALL ORDINAfltCES OR t>,(R,t's OF ORDINANCES IN CO N f 1;:1 C THE R E WIT H; SEVERABILITY AND EF- FECTIVE DATE, A copy of said ordinance sh~lI be ava i1able at the Office of flIte$ity Clerk of Winter Springs, FlofldK. for all persons desiring t<t eltitmine same, ALL INTERESTED PARTIES ARE INVITED TO ATTEND AND BE HEARD, THI S NOTIC E is to be published in THE EVENING HERALD, a newspaper of general circulation in said City, one (l) time at least 15 days prior to ~ time of the pUblic hearing, - DATED THIS 17th day of July, 1975, CITY OF WINTER SPRINGS, FLORIDA By, S, Mary T, Norton City Clerk NEWMAN D, BROCK, ESQUIRE ATTORNEY FOR CITY OF WINTER SPRINGS, FLORIDA Publish, July 22, 1975 DEP-120