Municipal Code
CHAPTER 1476 Swimming Pools
1476.01 Definitions.
1476.02 Application of Zoning Code; permit required.
1476.03 Permit application.
1476.04 Enclosures; wiring and lights; mechanical
equipment.
1476.05 Above ground pools.
1476.06 Sanitation; water quality.
1476.07 Enclosing existing pools.
1476.99 Penalty; equitable remedies.
CROSS REFERENCES
Swimming pools generally see M.C.L.A. 325.601 et seq.
Mechanics' liens see M.C.L.A. 570.1 et seq.
Michigan Plumbing Code - see Ch. 1420
Plumbing permits and fees see B. & H. 1440.04
1476.01 DEFINITIONS.
The several words and phrases used in this chapter shall
have the respective meanings to each hereinafter
ascribed.
(a) The term "swimming pool" shall mean any structure or
container, whether partly or wholly above or below
grade, located partly or wholly outside a permanent
enclosed and roofed building, capable of holding water
to a depth of 24 inches or more, having a surface area
in excess of 50 square feet, and whether for swimming or
wading or both.
(b) The term "person" shall include all individuals,
groups of individuals, co partnerships, associations,
firms and corporations. The singular shall include the
plural, and the masculine the feminine.
(Ord. 160. Passed 6 13 88.)
1476.02 APPLICATION OF ZONING CODE; PERMIT REQUIRED.
(a) A swimming pool is hereby declared to be a
structure, within the meaning of the Zoning Code, and
shall be subject to all the provisions of such Zoning
Code, including setback restrictions.
(b) No person shall construct or maintain an outdoor
swimming pool without first making application to the
Building Department and obtaining a permit therefor, and
no person shall use such pool until all the provisions
of this chapter have been complied with and until
approval has been granted in writing upon final
inspection by the Building Department.
(Ord. 160. Passed 6 13 88.)
1476.03 PERMIT APPLICATION.
Application for the permit required by Section 1476.02
shall be made on the standard Village form and shall be
accompanied by three copies of a plot plan showing the
size and maximum depth of the pool, the height above
grade if partially or wholly above ground, distances
from lot lines, other structures on the site, and well
and septic tank locations. The plan shall further
contain full information as to the type, height and
location of the fence surrounding such pool, and the
number of gates therein.
(Ord. 160. Passed 6 13 88.)
1476.04 ENCLOSURES; WIRING AND LIGHTS; MECHANICAL
EQUIPMENT.
(a) All swimming pools shall be completely enclosed by a
wall or fence of not less than four feet in height. Such
fence, with gates, must be in place prior to the filling
of any pool with water, except that a temporary fence
may be erected in a manner satisfactory to and for a
duration prescribed by the Building Official, at his or
her option, during the period of construction.
(b) Walls shall be of wood, brick or masonry, and fences
shall be of the wrought iron type or equivalent, except
that chain link fencing may be used if the same is
approved by the Board of Zoning Appeals pursuant to
Section 1268.28(a)(2)C. of the Planning and Zoning Code.
All openings shall be equipped with gates which can be
securely locked. Personnel gates shall further be
equipped with a self closing and self latching device.
(c) Overhead wiring installations shall be placed no
closer than ten feet, measured horizontally from the
edge of the pool.
(d) Lights used for outdoor illumination shall be
shielded to reflect away from adjacent premises.
(e) All pumps and mechanical equipment shall be enclosed
or baffled to suitably suppress noise.
(Ord. 160. Passed 6 13 88; Ord. 95 284. Passed 12 11
95.)
476.05 ABOVE-GROUND POOLS.
Any pool whose water bearing vertical sides shall extend
more than two feet above ground shall be prohibited
until the owner(s) of the property upon which such pool
is to be located shall have obtained site plan approval
for the same in accordance with Section 1268.30 of the
Zoning Code. Such site plan approval shall, in addition
to satisfying the standards for site plan approval in
division 1268.30(b) of the Zoning Code, assure that all
such above ground pools or pool structures shall be
properly and adequately screened by an evergreen belt or
appropriate wall or fence. Such screenings shall be of
adequate density and height as will protect and preserve
the privacy of surrounding properties and meet the
following requirements:
(a) Such screening shall be of such material, height and
location as to preserve rights of privacy and shall be
harmonious with surrounding properties.
(b) Such screening shall be of evergreens of sufficient
height when planted to fully screen the structure during
all seasons, or such other material and construction as
to avoid unsightliness and maintenance problems.
(Ord. 160. Passed 6 13 88; Ord. 2002 08. Passed 12 9
02.)
1476.06 SANITATION; WATER QUALITY.
No outdoor swimming pool shall be used unless adequate
public health measures are periodically taken to ensure
that the use thereof will not cause the spread of
disease. The water of all swimming pools shall be
sterilized by chlorinated water. The current standards
set by the State Department of Public Health and the
Oakland County Department of Public Health to protect
public health in the use of such swimming pools are
hereby adopted and made a part of this chapter. There
shall be no connection between any swimming pool and any
public sanitary or storm sewer, or combination thereof.
Water connections to such swimming pool shall be made to
a potable supply and transferred to the pool in a
potable condition. No pool shall be emptied or
discharged into any watercourse, lake, stream or ditch
without a permit from the Michigan Department of Natural
Resources or the Oakland County Division of Human
Services.
(Ord. 160. Passed 6 13 88.)
1476.07 ENCLOSING EXISTING POOLS.
Existing swimming pools which do not conform to the
enclosure requirements of Section 1476.04 shall be
brought into compliance therewith by June 30, 1989.
(Ord. 160. Passed 6 13 88.)
1476.99 PENALTY; EQUITABLE REMEDIES.
(a) Whoever violates, or neglects or refuses to comply
with any of the provisions of this chapter shall be
responsible for a municipal civil infraction and shall
be subject to the penalty, sanctions and remedies
prescribed in Section 202.99 of the Codified Ordinances.
A separate offense shall be deemed committed each day
that a violation or noncompliance occurs or continues.
(b) Any swimming pool installed, operated or maintained
in violation of the provisions of this chapter shall
constitute a nuisance, and the Village may, in addition
to the penalties hereinbefore set forth, maintain any
proper action for the abatement of such nuisance.
(Ord. 160. Passed 6 13 88; Ord. 2002 08. Passed 1 9 02.)
