Loading...
ORD1992758AMENDED COMMON COUNCIL - CITY OF MUSKEGO I ORDINANCE #I50 AN ORDINANCE TO AMEND CHAPTER 12, SECTION 12.16, OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO Licenses and Permit: Swimming Pools THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS FOLLOWS: SECTION 1: Chapter 12, Section 12.16, of the Municipal Code of the City of Muskego, Wisconsin, is hereby repealed and recreated to read as follows: SECTION 12.16 REGULATING SWIMMING POOLS (1) Type of Pools Requiring Permits (a) Above ground pools with a depth of 24 inches or more, or a diameter of more than 10 feet. (b) Spas and Hot Tubs. (c) Inground Pools. (d) Public Pools. All public pools shall be built and maintained in accordance with the rules of the State Board of Health, Chapter ISS 171. (2) Permits Required (a) Registration or Construction Permit. $5.00/$1,000 of retail valuation. Minimum fee is $30. (b) Electrical Permit. Required for spas/pools with electrical equipment. Minimum fee is $30. Must be taken out by electrician licensed to work in Muskego. (c) Plumbing Permit. Required for spas/pool, filters and pumps requiring plumbing connections or water supply lines. Minimum Rarely applicable. When required, a licensed plumber fee is $30. must take out permit. (3) Items Required When Applying for Pool Permit (a) Survey or accurate drawing of the property, showing all existing structures, proposed pool location, fencing if utilities. required, and location of any underground or overhead (b) Architectural approval from homeowner's association, or developer, if applicable. J Ordinance #750 Page 2 (c) Brochure showing the type, style, etc., of the pool to be installed. (d) Location of well, if applicable. (e) Waukesha County Health Department approval for properties served by a private septic system. (f) Pool height above highest point of grade (above ground pools only). (9) Type and height of fence, if proposed, showing gate and latch details, or other method used to prevent unauthorized access. (h) Show any changes in finish grade around pool. (i) Proof of site inspection by Digger's Hotline. (j) If constructing a deck, information regarding material type, component size and spacing, as well as railing details, shall be submitted. All construction to meet requirements of Wisconsin Uniform Bldg. Code t30.44. (4) Location No pool, surrounding decks, surfaced terraces, sun decks, or walks shall be permitted closer than 10 feet to a lot line. principal building. In no case shall a pool be located in the front yard of the (5) Fencing Requirements (a) Inground pools shall be completely fenced, before filling, by a permanent, sturdy fence, not less than 4 pool shall be through a gate or gates in the fence, feet or more than 6 feet in height. Access to any such equipped with a lock or self-closing, self- latching device placed at a minimum height of 3 feet above the ground. (b) Above ground pools having a height of less than 3 1/2 feet (42 inches) above ground at any portion of the poolside wall are required to be fenced the same as inground pools. When fencing is required, it shall be installed to extend a minimum of 5 feet beyond any area less than 42 inches high. (c) When the height of a poolside wall is such that a fence will not be required (42 inches or higher), all ladders, steps or other means of access to an above access when the pool is unattended. ground pool shall be removed and/or designed to prevent Ordinance #758 Page 3 a (6) General Pool Regulations Lighting. Lights shall be erected so as to eliminate direct rays and minimize reflected rays of light onto adjoining properties and roadways. Lighting of Wisconsin Electrical Code. installation shall be done in accordance with the State Safety Devices. Every swimming pool which has a capacity for water exceeding four (4) feet in depth at any point, shall be equipped with at least one life preserver and/or other safety devices. Electrical. Separation from overhead and underground electrical wiring shall be in accordance with the State of Wisconsin Electrical Code and/or local code. Required electrical wiring supplying all pools shall be installed in accordance with Article 680 of the National Electrical Code by an electrical contractor licensed by the City of Muskego. The following parts of swimming pools shall not be placed under existing wiring; nor shall such wiring be installed above the service-drop conductors or any other open overhead following: 1. Swimming pool and the area extending 10 feet horizontally from the inside of the walls of the pool. 2. Diving structure. 3. Observation stands, towers, or platforms. The National Electrical Code requires the use of ground Fault Interrupter's with outlets. (7) Nuisance All pools designed to keep water throughout the summer shall be maintained in such a way as to not create a nuisance, hazard, eyesore, or otherwise result in a substantial way detrimental to public health, safety, or welfare. adverse effect on neighboring properties, or to be in any Drainage or draining of any pool cannot be discharged onto abutting property, but must be absorbed into the streets or city gutters which would then empty into the city storm system. (8) Equipment Equipment of circulating pumps and filters must be located as not to create a nuisance or a noise problem and if necessary, to shield or build a protective barrier. Ordinance #15 F" Page 4 (9) Inspections Required Inspections are required, the type and timing of which will When applying for your permit, inquire as to inspection vary depending upon the particular project in questions. information. SECTION 3: The several sections of this ordinance are declared declared by a decision of a court of competent jurisdiction to be to be severable. If any section or portion thereof shall be only to the specific section or portion thereof directly invalid, unlawful, or unenforceable, such decision shall apply other provisions, sections, or portion thereof of the ordinance specified in the decision, and not affect the validity of all whose terms are in conflict with the provisions of this ordinance which shall remain in full force and effect. Any other ordinance are hereby repealed as to those terms that conflict. SECTION 4: This ordinance shall be in full force and effect from and after its passage and publication. PASSED AND APPROVED THIS 14TH DAY OF JULY , 1992. d Wayye G. Salentine, Mayor ATTEST: 6/92cac Published on the 23rd day of July, 1992. Adopted 6/23/92; Amended, adopted 1/14/92 Vetoed by Mayor 6/25/92; ! AMENDED coM.M4N..co,~cIL THECOMMON COUNCIL'OF THE CITY Lieens& ?id Permit:Swimming Po;ols OF MUSKEGO,.WISCONSIN, DO ORDAIN AS FOLLOWS: SECTION I: Chapter 12, Section ~z.is, of the Municioal Code of'the City ofhluskego. Wisconsin,'is hereby,redealedand recreated breed as follows: ,SECTION 12.16 REGULATING SWIM- MING POOLS (1) Type of Pools Requiring Permits inches of more, or a diameter of more than 10 (a) Above ground pools with a depth of 24 ........ JUC. 2.3 W?. .. .......................... .................... .. .... (Signed). DOOKKEEPEn, , ._- " -. (bj Electrical Permit. , Required foispa~/pobla with,electricequip- ;by elec&<an license3 to warkin Muskego. ment: Miriimum,fee is.$30. Must be taken put .' (c).Plumbing ,Permit. ,' Required.for spaslpool, filters and pumps requiring. plumbing. connections or. water 'supply lines: Minimum fee is'$30. . licensed plumber mlist,take out permit. -Rarely applicable. When required, a (3) Items Required When Applyingfor Pool .(a) Surveyor anurate-drawing oftheprop- erty, bhowing all existing shuctures,~~prop- osed'pool location, fencing ifrequired, and lo- cation af any~underground or overh.ead utilities. (b) Architectural approval horn homeow- ner's association. or developer, ifapplicable. (c)Brochureshowingthetype,style,etc.,of the pool to be installed. (d) Location of well, ifapplicable. approval for properties nerved .by a private (e) Waukesha County Health Department eeptic'syetem. - (0 Pool height above highest pointbr&e "(3"fFix and height>off&, d proped. showing gate and la@h;details. or other method used to prevent unauthoriqedaccehs. (h) Show any chanaes'in fi&h made ar- Pel& ' ~ ~aboue.gipnadpmls ody>.. 'r -4A.d *,--e " , .,,+ __ I_ - - ound:pool. ' (i) Pmof:of site insvection bv Dieeefs HotIine. 6) If constructing a deck, info&ation re- garding material type,.component size and spacing, as well as railing details, shall be submitted. All eonatruction to meet require- M0.44. ments of Wisconsin .Uniform Bldg. Code I I_ .(4) Location No pool, ,surrouQding decks. surfaced ter- raced sun decks, or walks shall be permitted closerthan10feettoalotline.Innocaseshall a pool be located in the front yard pfthe prin- icipal buildin& (5) Fencing Requirements (a) Inground pools shall be completely fence, not less then 4 feet or more than 6 feet fenced, before filling, by a permanent, sturdy in height. Access to any such pool shall,.be through a gate orgates in the fence, equipped with a lockor~self-closing, self-latchingdevice placed at a minimum height of 3 feet above the ground. (b) Above ground pooh having a height of less than 3 LIZ feet (42 inches) above ground at any portion, of the poolside wall are re- quired to be fenced the same as.inground p 01s When fencing is requtred. it shall bein- &led to extend a minim; of 5 feet beyond any area less than..l+ches high. such thab a fence will not be repuired (42 in- (c) When the height of a poolaide will is L L I_ \ 11,-1.4 I mr rthnr be r&oyed and/or designed to prevent access means ofaccees %,an above gtpnd pqol ?hall when .the pool is unattended. ." (6) General Pool Regulations (a) Lighting. Lights shall be erected so as to eliminate direct rays and minimize reflected rays of light onto adjoining properties and ' roadways. Lighting installation shall be done m accordance with the State of Wisconsin swimming pool Electrical Code. equipped with atleastme life preserver and/ (4) feet in depth at any point. shall be or other'safety dwicea.,. (e) Electrical. Separation from. overhead and undergroundelectrical wiring shall be in trical Code andlor local code..Required.elee- accordance with the State of Wiseorisin El&- tried wiring supplying all pools shall be in- stalled in accordance with Article 680 of the Nationel Electrical Code by an electrical con- following parts of swimming pools shall not tractor licensed by the City of Muskego. The :.- be placed under existing service-drop conduc- .. 11 ATTEST: /d Jean K. Marenda City Clerk Published on the 23n Adopted 61: Amended, adopted 7/ Vetoed by Mayor 61: of July. tori or any other openbverhead wiring; nor 6/92cac shall such wiring be installed above the I. Swimming pool and the area extending walls of the pool. 10 feet horizontally from the inside of the followi~: 2. Diving BtNCture. 3. Observation stands,'towera, or Plat forms. The Natiogal ElectricalCode requires the use of ground Fault ,Intej%upte<s with outlets. ! All poolE.de+&ed.to, keep wateithrough- j out the summer sh.41 be maintainedin such a ,sore. or otherwise result in a substantial ad. way as to not create a nuisance, hazard, eye- 'verse elTect on neighboring properties, or to :be in any wsy~detrimental to public health, .safety, or' welfare.~ Drainage or draining of any pool cannnt be discharged onto abutting property. but must be absorbed into the streets or city gutters which-would then empty into the city storm system. ~~ 17) Nrusance Equipment of circulating pumps and fil- (8) Equipment ters must be located as not to create a nui- ,'sance or a noise problem and ifnecessary, to shield or build a protective barrier. (9) Inspections Required Inspections are required. the type and tim- ing of which will vary depending upon the particular project in questions. Whkn apply- ingfor your permit. inquire ae to inspection .dormation. ordinance are declared to beseverible. If any SECTION 3: Ths several seetiona:of this lasction or portion thereofshall be declared by 'a decision ora CourtofeompetentjurisdiCtion to be invalid, unlawful. or unenforceable, . D ADMINISTRATIVE OFFICES Wl82 58200 RACINE AVENUE * BOX 903 - MUSKECO. LVI 53150-0903 1414)679-4100 FAX14141 679-4106 June 27, 1992 B B I, Jean K. Marenda, City Clerk of the City of Muskego, do hereby certify that on June 25, 1992, Mayor Wayne G. Salentine of the City of Muskego, did veto Ordinance #758, An Ordinance to Amend Chapter 12, Section 12.16, of the Municipal Code of the City of Muskego (Licensing and Permit: Swimming Pools), which was adopted by a vote of 7 "yes" and 0 "no" at the Common Council meeting held June 23, 1992. CITY OF MUSKEGO K. Marenda, CMC ty Clerk cc: Aldermen Atty. Molter I June 25, 1992 TO : COMMON COUNCIL CITY OF MUSKEGO To Amend Chapter 12, Section 12.16, Of The Municipal Code Of I have vetoed the motion to adopt Ordinance #758, An Ordinance The City Of Muskego (Licensing and Permit: Swimming Pools). The Public Safety Committee had requested an Attorney Opinion on whether or not to strike the reference to "Subdivision deed restrictions" in Section 12.16(4) Location. Attorney Molter's opinion was received on June 23, 1992, but was not reviewed before Council adoption. U"d "TL Waynf G. Salentine, Mayor COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #758 'x AN ORDINANCE TO AMEND CHAPTER 12, SECTION 12.16, OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO Licenses and Permit: Swimming Pools 0 COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN ion 12.16, of the Municipal Code of in, is hereby repealed and recreated 4 inches or more, 11 be built and les of the State 0 (2) Permits Required inimum fee is $30. (b) Electrical Permit. cal equipment. ut by electrician (c) Plumbing Permit. Required for spas/pool, fi+ters and pumps requiring plumbing connections or wa.er supply lines. Minimum fee is $30. Rarely applicable. When req J ired, a licensed plumber must take out permit. \ (3) Items Required When Applying for Pool Permit \ (a) Survey or accurate drawing of the Froperty, showing all existing structures, proposed pool +cation, fencing if required, and location of any underground or overhead utilities. \ 0 (b) Architectural approval from homeowner's (c) Brochure showing the type, style, etc., of developer, if applicable. be installed. Ordinance #758 Page 2 Location of well, if applicable. approval for septic system. highest point of grade (above ground fence, if proposed, showing gate and other method used to prevent finish grade around pool. by Digger's Hotline. as well as railing Bldg. Code t30.44. information regarding material construction to meet Location \ No pool, surrounding decks, surfaced terraces, sun decks, or walks shall be permitted clo er than 10 feet to a lot line. In no case shall a pool be lqated in the front yard of the principal building. Subdivision deed restrictions must also be conformed to. Fencing Requirements (a) Inground pools shall be complet! ly fenced, before \ filling, by a permanent, sturdy \ ence, not less than 4 feet or more than 6 feet in height. Access to any such pool shall be through a gate or gates in the fence, equipped with a lock or self-closihg, self- latching device placed at a minimum height of 3 feet above the ground. (b) Above ground pools having a height of l$ss than 3 1/2 \ poolside wall are required to be fenced the same as feet (42 inches) above ground at any portion of the inground pools. When fencing is required, it shall be installed to extend a minimum of 5 feet beyond any area less than 42 inches high. (c) When the height of a poolside wall is such that a fence will not be required (42 inches or higher), al'l ladders, steps or other means of access to an aFove ground pool shall be removed and/or designed to ,prevent access when the pool is unattended. \ Ordinance #758 Page 3 0 (6) General Pool Regulations (a) Lighting. Lights shall be erected so as to eliminate ng pool which has a four (4) feet in depth at ith at least one life and underground ce with the State 2. Diving structure. ground Fault Interrupter's wit? outlets. (7) Nuisance \ All pools designed to keep water throughoit, the summer shall be maintained in such a way as to not create\ a nuisance, hazard, eyesore, or otherwise result in a suLytantia1 adverse effect on neighboring properties, or t,o be in any way detrimental to public health, safety, or welfare. Drainage or draining of any pool cannot be discparged onto abutting property, but must be absorbed into the,streets or city gutters which would then empty into the city storm system. (8) Equipment \ \ Equipment of circulating pumps and filters must be lacated as not to create a nuisance or a noise problem and if necessary, to shield or build a protective barrier. Ordinance #I50 Page 4 (9) Inspections Required ! vary depending upon the particular project in questions. Inspections are required, the type and timing of which will Whenkpplying for your permit, inquire as to inspection SECTION 3: The several sections of this ordinance are declared to be severabh. If any section or portion thereof shall be to be only to the invalid, such decision shall apply thereof of the ordinance of this ordinance other ordinance ATTEST : City Clerk 6/92cac \ Wayne G. Salentine, Mayor - day , 1992.