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AN ORDINANCE REGULATING THE CONSTRUCTION AND MAINTENANCE OF PRIVATE
SWIMMING POOLS IN THE CITY OF OAK PARK HEIGHTS.
THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY,
MINNESOTA, DOES ORDAIN:
1303.01 Definition.
"Private Swimming Pool" shall mean any pool, tank, depression, or excavation in or
above ground, or other structure which shall cause retaining of water over a greater
depth than eighteen (18) inches and /or having a larger plane surface of water greater
than one hundred -fifty (150) square feet and which shall be designed or used for
swimming, wading, or immersion purposes by men, women, or children, used or
intended to be used solely by the owner, lessee, or tenant thereof and his family, and
by friends invited to use it without payment of any fee.
1303.02 Permit Required.
It shall be unlawful hereafter for any person, firm, or corporation to construct, alter,
or repair a private swimming pool within the City without first having secured a
permit therefor from the Building Inspector. An application for this permit shall be
made on such form as may be furnished by the City, and shall be accompanied by
complete plans and specifications for the pool, including the type and location
thereof with respect to the boundary lines of the land of the applicant. The applicant
shall pay fees as established by the City Council from time to time by resolution.
1303.03 Enclosed by Fence.
A. All swimming pools to be constructed, or which are already constructed,
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 either vertical or horizontal direction,
except for doors and gates. The fence shall be of a type not readily climbed
by children. A dwelling house or accessory building may be used as part of
such enclosure. An above - ground pool with a wall greater than four (4) feet
in height does not require a fence if the wall cannot be readily climbed by
children.
B. All gates or doors opening through such enclosure shall be equipped with a
self - closing and a self - latching device for keeping the gate or door securely
closed at all times when not in actual use, and be provided with hardware for
permanent locking devices, except that the door of any dwelling which forms
a part of the enclosure need not be so equipped. Pool gates shall be locked
when the pool is not in use.
1303.04 Life - Saving & Emen2=cv Equipment.
Life - saving equipment consisting of at least: (1) one ring buoy not more than fifteen
(15) inches in diameter, to which shall be attached a rope 3/16" in diameter and of a
length at least equal to the greatest dimension of the swimming pool, and (2) one life
pole, or shepherd's crook type of pole, at least ten (10) feet long and having blunted
ends, shall be provided. Emergency flood lighting shall be provided and electrically
connected to a different circuit than used by the pool. The emergency equipment
shall be used for emergency purposes only.
1303.05 Above - Ground Pools.
Above - ground pools shall be protected in such a way that access ways, other than
those afforded by the dwelling house or accessory buildings, shall be equipped with
self - closing and self - latching gates or doors so these gates or doors are kept securely
closed at all times when not in actual use.
1303.06 Pool Covers.
Pool covers, whether they can be locked or not, do not alone meet public safety
requirements if the cover is of the type that can collect and hold natural water.
1303.07 Polluted Water.
No body of water, whether it be a natural or an artificial body of water in the City,
which contains sewage, waste, or other contaminating or polluting ingredients
rendering the water hazardous to health, shall be used for swimming or bathing by
any person or persons.
1303.08 Citv Water Supply.
There will be no cross - connections of the City water supply with any other source of
water supply for the pool. The line from the City water supply to the pool shall be
protected against back flow of polluted water by means of either an air gap, vacuum
breaker, or other adequate device to prevent back siphonage.
1303.09 Shielding Lights.
Lights used to illuminate any swimming pool shall be so arranged and shaded as to
reflect light away from adjoining premises.
1303.10 Unnecessary Noise.
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, or endangers the comfort, repose,
health, peace, or safety of others. In the operation of a swimming 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 premises, shall be
unlawful.
1303.11 Outdoor Pool Enclosures.
Outdoor pool enclosures, permanent or inflated, should not exceed eighteen (18)
vertical feet above the pool deck and should be of a neutral color designed to blend
with existing surroundings. The enclosure requires a special use permit and it must
conform to the Uniform Fire Code.
1303.12 Setback Reauirements.
Pools for which a permit is required shall not be located within ten (10) feet of any
side or rear lot line nor within six (6) feet of any principal structure or frost footing.
Pools shall not be located within any required front yard. (Note: specific
recommendations on pool construction and dimensional relationships available from
the American Public Health Association, 1740 Broadway, New York City, New
York, 10019. Title "Suggested Ordinance and Regulations Covering Private
Residential Swimming Pools ").
1303.13 Lii2htini2�, Ventilation and Electrical Reauirements.
A. Where underwater lighting is used, such lights shall be spaced to provide
illumination so that all portions of the pool and pool bottom may be readily
seen without glare.
B. All electrical wiring shall conform with the National Electrical Code as
administered by the Minnesota State Board of Electricity and shall be
approved by the National Underwriters Laboratory and the Minnesota State
Board of Electricity.
C. Each underwater light shall be individually grounded by means of a screwed
or bolted connection to the metal junction boxes, which the branch circuit to
the individual light precedes. Such junction boxes shall not be located in the
pool deck.
1303.14 Overhead Wiring Clearances.
Service drop conductors and any other open overhead wiring shall not be installed
above the swimming pool or surrounding area extending ten (10) feet horizontally
from the pool edge, or diving structure, observation stands, towers, or platforms.
1303.15 Chemical Storage.
A. The storage of chemicals should meet the requirements of the International
Fire Code.
B. Recognizing the fact that pool owners intend to maintain a pool that will not
endanger the health or safety of their neighbors and family, Sections 1303.16
- 1303.18 provide guidelines for the operation of a private swimming pool.
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1303.16 Bacteriological Qualitv.
A sample of swimming pool water shall be considered satisfactory when the total
bacterial count at 35 degrees centigrade does not exceed 200 colonies per milliliter
and no organisms of the E. Coli group are present in a ten (10) milliliter portion or
one hundred (100) milliliter portion as determined by the membrane filter method. If
more than one sample out of seven collected on different dates is unsatisfactory,
procedures and interpretations relating to bacteriological quality shall be done in
accordance with the Standard Methods for the examination of Water, Sewage and
Industrial Wastes, as prescribed within it current edition.
1303.17 Pool Filters.
Every pool shall be equipped with a recirculating system capable of filtering the
entire contents of the pool in twelve (12) hours or less.
A. Filters shall be capable of maintaining the clarity of the water to permit the
ready identification, through an eight (8) foot depth of water, of a disc two
(2) inches in diameter which is divided into four (4) quadrants in alternate
colors of red and white.
B. Filter capacity shall be such that it need not be cleaned more frequently than
once every four (4) days under proper conditions of water and operation.
C. All pressure filters shall be equipped with influent and effluent pressure
gauges to determine the pressure differential and frequency of cleaning. All
other filters shall be equipped with at least one pressure vacuum or
compound gauge, as applicable, which shall be positioned in such a way as to
determine the differential across the filter and the need of cleaning.
D. All pressure filter systems shall be equipped with air release at the high point
in the system.
E. Operating instructions shall be posted on every filter system. All valves shall
be properly designated, indicating their purpose.
F. When dissimilar metals are used in the construction of the filter, which may
set up galvanic currents, then suitable provision shall be made to resist
electrolytic corrosion.
G. Filters shall be so designed and installed that they can be readily
disassembled and the filter elements removed.
1303.18 Disinfection and Chemical Conditioning.
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A. Provision shall be made for the introduction into the swimming pool water of
accurate and controlled applications of a disinfectant in sufficient quantities
to attain and maintain efficient bactericidal action while the pool is in use.
B. Suitable methods shall be available to maintain a PH of the pool water
between 7.2 and 8.2 and to maintain an alkalinity of not less than 50 ppm.
C. The devices used to apply chlorine, or its equivalent, as a disinfectant shall
be of such capacity as to maintain in all areas of the swimming pool, at all
times, at least 0.5 ppm of free available residual chlorine or a residual level
of another approved disinfectant which shall be of at least a proven
equivalent disinfecting strength as 0.5 ppm of free available residual
chlorine.
1303.19 Prior Constructions.
The owner of any land upon which a private swimming pool has been constructed
prior to the effective date of this Ordinance shall, within sixty (60) days after said
effective date, comply with the requirements of this ordinance and, thereafter, it shall
be unlawful to maintain any swimming pool which does not meet the requirements of
this ordinance.
1303.20 Modifications.
A. The Building Official for the City of Oak Park Heights may make
modifications in individual cases, upon showing of good cause, with respect
to the height, nature, or location of the fence or wall, gates or latches, or the
necessity therefore, provided the degree of protection is not reduced thereby.
B. The Building Official for the City of Oak Park Heights may permit other
protective devices or structures to be used so long as the degree of protection
afforded by the substitute devices or structures is not less than the protection
afforded by the fence, gate and latch described herein.
C. Upon the application of a property owner, the Building Official may grant
extension of time for compliance, in individual cases, upon the showing of
good cause; such extension of time shall not exceed thirty (30) days at a time.
1303.21 Penalties.
Any individual person, firm, co- partnership, association, or corporation who shall
violate any provision or requirement of this ordinance, shall upon conviction thereof,
be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by
imprisonment not exceeding ninety (90) days, or both.
1303.22 Revocation of Permit.
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A. The Building Official may revoke any permit for failure to comply with the
regulations of this Ordinance.
B. Before a permit is revoked, the pool owner shall have notice in writing,
listing and describing the instances of failure to comply with this Ordinance.
C. The permit shall be reissued upon proper application and upon presentation
of evidence that the deficiencies causing revocation have been corrected.
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