O60-38 ORDINANCE NOw 60'38
AN ORDINANCE OF THE CITY OF BOYNTON BEACH~ FLORIDA REPEALING
CHAPTER 25A OF THE CODE OF ORDINANCES OF SAID NUNtCIPALtTY
RELATING TO SkZllV~lNG POOLS AND SUBSTITUTING IN LIEU THEREOF
A NEW SWIIVlPIING POOL CODE~ REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH AND PROVIDING ^ PENALTY.
BE tT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH~ FLORIDA, AS
FOLLOWS:
THE FOLLOWING ORDINANCE IS HERESY ENACTED UNDER THE PROVISIONS OF AND
PURSUANT TO THE POLICE POWER VESTED IN THE CITY OF BOYNTON BEACH~ FLORIDAf
FOR THE PURPOSE OF PROTECTING THE PEACEt PROPERTY~ HEALTH~ SAFETY AND
WELFARE OF THE CITIZENS OF SAID HUNICIPALITY AND FOR PRESERVING THE
OROERLY DEVELOPHENT OF THE
SECTION q. CHAPTER 25A OF THE CODE OF ORDINANCES OF THE CITY OF
BOYNTON BEACH~ FLORIDA IS HERESY REPEALED AND THE FOLLOWING IS HEREBY ENACTED
iN LIEU THEREOF=
CHAPTER
S~IF~ING POOLS
SE.qTI~N 2~A-1, SHORT TITLE= T=~ls CHAPTER SHALL
CITED AS THE 'S~II~VtlNG POOL ORDINANCE OF THE CITY OF BOYNTON BEACH."
~[CT!0N 2~A~.2o DEFINtTt0N~[ FoR THE PURPOSES OF THIS CHAPTER! THE
FOLLOWING TER~St PHRASES! WORDS AND THEIR DERIVATIONS SHALL HAVE THE HEANING
GIVEN HEREIN, ~HEN NOT INCONSISTENT WITH THE CONTEXTt WORDS ~SEO IN THE
PRESENT TENSE INCLUDE THE FUTURE~ WORDS IN PLURAL NUMBER INCLUDE THE SINGULAR
NUHSERt AND WORDS IN THE SINGULAR NUHBER INCLUDE THE PLURAL NU~SER~ THE
WORD ttSHALL~! AS USED HEREIN AS HANDATORY AND NOT HERELY DIRECTORY,
(A) ~ICITY!~ IS THE CITY OF BOYNTON BEACH~ FLORIDA,
(B) !tCITY COUNCILf~ OR !tCouNCtL~I IS THE CITY COUNCIL OF THE CiTY OF
BOYNTON BEACH~ FLORIDA.
(C) tI~AHILY POOLt~ IS A SWIH~ING POOL USED OR INTENDED TO BE USED SOLELY
BY THE OWNER! OPERATOR OR LESSEE THEREOF AND HIS FAHILYf AND BY FRIENDS
INVITED TO USE tT WITHOUT PAYMENT OF ANY FEE.
(D) !!PERsON!! tS ANY PERSON! FIRH~ PARTNERSHIPt ASSODIATIONt CORPORATION!
CO~PANY~ OR ANY ORGANIZATION OF ANY KIND,
(E) I~SWIHHING POOLt~ IS A BODY OF WATER IN AN ARTIFICIAL OR SE~I--
ARTIFICIAL RECEPTACLE OR OTHER CONTAINER WHETHER LOOATED INDOORS OR OUTDOORS
USED OR INTENDED TO BE USED FOR PUBLICt SEHI-PUSLIC OR PRIVATE SWt~ING BY
ADULTS OR CHILDRENt OR BOTH ADULTS AND CHILDRENt WHETHER OR NOT ANY CHARGE
OR FEE IS t~POSED UPON SUCH ADULTS OR CHILDREN
ANY PERSON AS HEREIN DEFtNED~ WHETHER HE BE AN OWNERt LESSEEt OPERATOR!
LIOENSEE~ OR CONCESSIONAtRE~ EXCLUSIVE OF A FAMILY POOL AS DEFINED IN
SUBSECTION (C) ABOVE~ AND SHALL INCLUDE ALL STRUCTURES, APPURTENANCES~
EQUIP~ENT~ APPLIANCESt AND OTHER FACILITIES APPURTENANT TO AND INTENDED
FOR THE OPERATION AND MAINTENANCE OF A SWIMMING POOL! AND ALSO ALL SWIMMING
POOLS OPERATED AND MAINTAINED IN CONdUNCTION WITH OR BY CLUBSt MOTELSt HOTELS
AND COMMUNITY ASSOCIATIONS.
S[CTiON 25A-3. HE~,LTHDEP~RTMENT C0NSTRUCTION PERMIT AND APPROVAL:
BEFORE WORK IS COMMENCEO ON THE CONSTRUCTION OF A SWIMMING POOL OR FAMILY
POOL! OR ON ANY ALTERATIONt ADDITION! REMODELING OR OTHER IMPROVEMENT TO A
SWIHMING POOLt OR FAMILY POOLt AN APPLICATION FOR A PERMIT TO CONSTRUCT AND
THE PLANS AND SPECIFICATIONS AND PERTINENT EXPLANATORY DATA SHALL BE SUB-
HITTED TO THE BUILDING INSPECTOR FOR APPROVALt ANO ALL SWIMMING POOLS THAT
ARE TO SE USED FOR COMHERCIAL ACTIviTIES SHALL BE APPROVED BY THE COUNTY
HEALTH DEPARTMENT BEFORE THE CITY BUILDING INSPECTOR SHALL ISSUE BUILDING
PERMITe
§,ESTI, 0~ 25A-~o] sCOpE,:, THE MINI,UN STANDAROS FOR S, IMMING POOLS SHALL
APPLY TO ALL STRUCTURES DESIGNED TO CONTAIN FRESH OR SALT WATER FOR SWIMHING!
WADING! OR OTHER RECREATIONAL PURPOSES REGARDLESS OF SIZE.
SECTION 25A-5. FLOWT~H~OUGH, P00LS: FLOW-THROUGH SYSTEMS FOR SWIMMING
POOLS SHALL NOV BE ACCEPTED IN LIEU OF FILTRATION EQUIPMENTe
SE~T/ON. 25A,-6.
FI.ETRATION: ALL RESIDENTIAL POOLS SHALL BE EQUIPPED WITH ADEQUATE
PRESSURE TYPE FILTRATION EQUIPMENT~ AND OF SUCH CAPACITY AS TO PROVIDE A ~'
HOUR TURNOVER OF THE ENTIRE CONTENTS OF THE POOL~ BASED UPON ~ GoP,~. PER
SQUARE FOOT OF FILTER A~EA. A HAIR AND LINT STRAINER SHALL BE PROVIDED ON
ALL FILTER EQUIPMENT. THE CIRCULATION PUHP SHALL BE OF SUFFICIENT SIZE TO
BACKWASHi IF APPLICABLE! THE FILTER AT THE RATE OF 12 G.P.H. PER SQUARE
FEET OF FILTER AREA.
SECTION 25A-?? ,LOCATION .9F .MECHANICAL EQUIPMENT: ELECTRIO MOTOR
DRIVEN PUMPS SHALL BE WELL VENT|LATEO. PUMPS MAY SE INSTALLED ABOVE GROUND
OR MAY BE INSTALLED tN A Pit OR CONDITION THAT THE Pit I$ PROVIDED WiTH
APPROPRIATE DRAIN LINE TO~-~AKAG.E PIT~ CANAL OR SALT WATER WELL.
~EC~ION 25A-~., SUPPLY A~D,D!,S,POS,~L Of POOL WATER: SUITABLE METHODS OF
ALL POOL WATER SUPPLY AND DISPOSAL SHALL BE PROVIDEDt AND SUCH HETHODS OF
SUPPLY AND DISPOSAL SHALL BE SUBJECT TO APPROVAL OF THE PLUMBING ~NSPECTOR.
~[gTION 25A-9o ~yOR0STAT, IC,.gp~lFT: ANY POOL TO BE CONSTRUCTED IN AN
AREA J" WHICH RESIDUAL GROUNO WATER CREATES HYDRO-STATIC HEAD AGAINST THE
POOL STRUCTURE SHALL HAVE A SUITABLE UNOERDRAIN RELIEF TO WHICH A PUMP CAN
BE PROPERLY ATTACHEDt OR SUFFICIENT MASS WEIGHT TO PREVENT FLOTATION.
SECTION 25A-10. SURFACE ~KiHMING:, AN APPROVED SKINNING DEVICE SHALL
BE INSTALLED ON EACH FILTERED POOL OR A SOUM GUTTER EXTENDING ACROSS THE
ENTIRE WIDTH OF THE POOL AT THE ONE ENO SHALL BE BUILT INTO THE POOL STRUCTURE.
THE WATER FROM THE SKIMMING DEVICE SHALL BE RECIRCULATED. THE WATER FROM
THE SCUM GUTTER SHALL BE WASTED.
S[CTION 25~,-1,1. DESIGN AND C0N~RUCTION:
(A) FAMILY POOLS MUST BE BUILT ACCOROING TO SETDAGK REQUIREMENTS
AS OTHER BUILDINGS AND/OR IMPROVEMENTS! AS REQUIRED BY OTHER OROtNANCES
CONTROLLING SAID SETBACK FOR BUILDINGS AND IMPROVEMENTS.
-2-
(BI At.J. PRIVATE OR FAM[LY TYPE POOLS SHALL BE ENCLOSED BY FENCE OR OTHER
ENCLOSURE SO THAT THE PREHISES UPON WHICH THE PDOL tS LOCATED 1S ENCLOSED
FROM ADJOINING YARDS OR PROPERTY, SA.iD ENCLOSURE SHALL NOT BE LESS THAN
FORTY--EIGHT iNCHES (~J~8It) [N HEIGHT WiTH PROPER GATES WiTH PROVISION~ FoR
LOCKING SAME AND SUCH FENCES AND GATES SHALL BE iNDICATED ON THE PLAN OF
THE SWiHMING POOLe ALL POOLS CONNECTED WITH DOHHERCIAL VENTURES SUCH AS
MOTELS~ ETC, WITHIN THE CITY~ AND OTHERWISE GUARDED OR UNDER SURVEILANCE
BY COHPETENT' AND RESPONSIBLE PERSONNEL SHALL NOT BE COVERED BY THIS SUB--
SECTION; HOWEVER THE OWNERS OF SUCH OPERATIONS SHALL BE REQUIRED TO
MAINTAINADEeU~TE LIABILITY INSURANCE POLICIES COVERING SAID POOLS IN AN
AMOUNT OF NOT LESS THAN ~50t000/~00t000 COVERAGE! iF THEY CHOOSE NOT TO
ERECT A PROTECTIVE FENCE AS DESCRIBED HEREIN ABOVE,
(C) THE PLAN MUST INDICATE CLEARLY THE TYPE OF DRAIN FIELD TO BE
CONSTRUCTED~ BUT A CONTROL VALVE MUST BE iNSTALLED TO ALLOW FOR EMPTYING
THE POOL OVER A PERIOD OF TIME THAT WILL PREVENT THE OVERLOADING OF A DRAIN
FIELD IF ONE IS USED, SUCH DRAIN FIELD MUST BE AT LEAST TWENTY (20) FEET
AWAY FROM ANY EXISTING SEPT[C TANK DRAIN FIELD,
~F A FILTER SYSTEM IS TO BE USED 1N CONJUNCTION WITH THE SWIMMING POOH
THEN THE SAME PUMP AND MOTOR USED IN THE FILTER SYSTEM CAN BE USED TO EMPTY
THE POOL THROUGH A LAWN SPRINKLER SYSTEM! PROVIDED THAT SAID LAWN SPRINKLER
SYSTEM SHALL IN NO WAY BE CONNECTED WITH THE CITY WATER SERVICE SYSTEM,
~HATEVER OF THE ABOVE HETHODS ARE USED! THE SAME MUST BE INDICATED ON
THE PLAN,
SECTION 25A-q2,,, STRUCTURAL REQUIREHENTS=
IA) TESTING= WHERE SOIL CONDITIONS ARE DOUBTFUL$ IN THE OPINION OF THE
BUILDING INSPECTOR AND/OR STRUCTURAL ENGINEERt HE SHALL REQUIRE A TEST BORING
REPORT INDICATING THE SOiL CONDITION ENCOUNTERED AT TWO LOCATIONS WITHIN THE
AREA OF THE INTENDED EXOAVAT~0N, TEST ~ORING ~EPORT SHALL BE MADE BY A
QUALIFIED AND LICENSED TESTING LABORATORY! AND THE COST OF ANY SUCH WORK
SHALL NOT BE AN OBLIGATION OF THE CITY OR ITS REPRESENTATIVES~
(BI FLOOR: ~HERE TEST BORING INDICATES REASONABLY SOUND ROCK OR SAND
FORMATIONt THE FLOOR SHALL BE A MINIMUM OF ~tl IN THICKNESS OF POURED C0NCRETE~
AND REINFORCED WITH ~/~I ROUND BARS AT ~211 ON CENTERS BOTH WAYS~ SLABS TO
HAVE ~t THICKNESS BY 1011 WIDTH AT OUTSIDE EDGE OR AREA UNDER WALLS, SET
~/81! ROUND BENT DOWELS 1~~I ON CENTERS FOR VERTICAL WALLS! 1~il HORIZONTALLY
IN FLOOR AND ~t~l! VERTICALLY IN VERTICAL ~ALL, THE BEND SHALL BE ~0°.
(C) CONCRETE BLOCK ~ALLS: OPEN ONE OR TWO CELL 8~ BY 1~' CONCRETE
BLOCKSt SET tN CEMENT MORTAR WITH ~/~l ROUND BARS 1~~ ON CENTERS VERTICAL
IN VOJOS OF BLOCK ARE REQUIRED FOR BLOCK WALLS. ALL VOIDS IN BLOCK TO BE
FILLED WITH MORTAR OR DEMENT GROUT OR PEA ROCK (A 1 TO 2 MIX), POUR 8tt X 8~
CONCRETE CAP ON WALLS AROUND PERIMETER~ WITH TWO ~/8Ii ROUND BARSe STUCCO
SURFACE SHALL BE ~/~ll THlCK~ APPLIED IN TWO COATSt SCRATCH AND FINISH COATe
ID) BA~KFILL~ THE SPACE BETWEEN VERTICAL WALLS AND EXCAVATION WALL
SHALL BE BACKFILLED AS THE WALL iS LAID UP.s WiTH RUBBLE THOROUGHLY FLOODED
AND TAMPED TO OBTAIN COMPLETE COMPACTION OR LAID WITH CEMENT MORTAR OR SOLID
M~SON. RY AND CEMENT MORTAR,
(E) G~NIT, E C,~ETE,,,,,~OOR. AND ~ALL$~ FLOOR AND WALLS OF EXCAVATION
IN ROCK SHALL BE SANDBLASTED TOI~OYE ALL LOOSE PARTICLES. LARGE VOIDS SHALL
BE POURED WITH CONCRETE. REINFORCING ~'OR FLOOR AND WALLS SHALL BE 6It BY 6
~10/10 GALVANIZED Wt~E MESH~ FLOOR MESH TURNED UP IHT0 WALLS. FLOOR AND
WALLS TO BE MINIMUM ~MTHICK. ~ALLS TO HAVE 8~ X q2~I POURED CONCRETE CAP
AS SPECIFIED ABOVE FOR CONCRETE BLOCK WALLS. IF BUILT iN SANDY SOILI FLOOR
OF WALI~ TO BE 411 MINIMUM THICK.
(Fi REI,,~,¢[,~,,,,~ON~C~,[TE WALLS: WHERE TEST BORING ~NDICATES FILLED
SAND OR MUCKt THE FLOOR SHALL HAVE THE MINIMUM REQUIREMENTS AS STATED IN
PARAGRAPH (BI ABOVE. ~ALLS FOR SWIMMING POOLS CONSTRUCTED ON FILLED SOILt
SAND OR MUCKt SHALL BE 81! THICK CONCRETE POURED IN FORMS$ REINFORCED TO
RESIST MINIMUM PRESSURE OF ~ POUNDS PER SQUARE FOOT FROM WATER SIDE OF WALLS
ACCORDING TO ACCURATE ENGINEERING PRINIClPLES. BACKFILL MAY BE $OlLt ROCK OR
SAND.
(G) pES,IGN STANDARD~: ALL SWIMMING POOLS SHALL BE DESIGNED AND
CONSTRUCTED IN ACCORDANCE WITH THE ACCEPTED ENGINEERING STRUCTURAL PRINCIPLES
TAKING INTO ACCOUNT ALL SOlE AND GROUND WATER CONDITIONS OF THE SITE ON WHICH
THE POOL IS TO BE LOCATED IN ACCORDANCE ~ITH THE MINIMUM STANDARDS OF THE
BOYNTON BEACH BUILDING CODE.
SECTION 25AX~., .... HAZARDS, OF S~IIVMtN,G ~OLS, AND ~HEIR, CONTRO~,,
WHENEVER IT SHALL COME TO THE ATTENTION OF THE CITY MANAGERt EITHER BY
PERSONAJ- INSPECTION VOLUNTARILY MADEt AND WHICH HE IS HEREBY AUTHORIZED TO
MAKEi OR BY INSPECTION BY SAID CITY MANAGER FOLLOWING COMPLAINTS THAT ANY
SWIMMING POOL IN THE CITY OF BOYNTON BEACH IS SO OPERATED AS TO CONSTITUTE
A HAZARD TO THE HEALTH~ SAFETY AND WELFARE OF THE CITIZENS OF THE CITY OF
BOYNTON BEACHt THE SAID CITY MANAGER SHALL~ BY REGISTERED MAIL~ CALL ATTENTION~
OF THE OWNER OR OWNERS OF RECORO OF THE PROPERTY UPON WHICH SUCH SWIMMING
~00L MAY BE LOCATED OF THE HAZARDI GIVING A BRIEF DESOR3PTION THEREOF AND
R~QUI~ING SUCH OWNER OR OWNERS WITHIN TEN DAYS TO REMEDY THE CONDtTION~
SHOULD SUCH OWNER OR OWNERS FAIL TO FOLLOW THE DIRECTIONS AND REMOVE THE
HAZARD POINTED OUT BY THE CITY MANAGERS SUCH OWNER OR OWNERS NOT ONLY SHALL
BE LIABLE FOR THE PENALTIES HEREINAFTER SET FORTHt BUT THE SAID CITY MANAGER
IS AUTHORtZED$ BY HIS AGENTS AND EMPLOYEES~. I~REMEDY THE CONDITION AND THE
REASONABLE COSTS THEREOF SHALL BE A LIEN AGAINST THE PROPERTY UPON WHICH
SUCH SWIMMING POOL IS LOCATED~ HANDLED AND COLLECTED IN THE MANNER PRESCRIBED
FOR THE COLLECTION OF LIENS FOR SPECIAL BENEFITS tN THE CHARTER OF THE
CITY OF BOYNTON BEACH.
~ECTION 25A-~o PENALTY FOR VIOLATION OF CHAPTER PROVISIONS:
ANY PERSONt FIRM OR CORPORATION CONVICTED OF THE VIOLATION OF ANY OF THE
TERNS OR PROVISIONS OF THIS CHAPTER MAY BE FINED IN THE SUM NOT TO EXCEED
FIVE HUNDRED DOLLARS OR MAY BE ~MPRISONED FOR NOT MORE THAN NINETY DAYS OR
MAY BE BOTH FINED AND IMPRISONED WITHIN THE DISDRETION OF THE TRIAL COURTe
AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED ON EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS OR CONTINUES.
SECTION 2. R~PE,A~ING,PROVISIONS:
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE HEREBY
REPEALED.
SECT~N,,~o,,SEPARAB!.LITy:.
EACH OF THE PROVISIONS OF THIS ORDINANCE ARE SEPARABLE~ iN0gUDING WORDy
CLAUSE~ PHRASE~ OR SENTENCE~ AND IF ANY PROVIS}0N HEREOF IS DECLARED NULL
AND VOID! THE REMAINING PORTION SHALL NOT BE AFFECTED BUT SHALL REMAIN IN
FULL FORCE AND EFFECT.
FIRST READING THiS ~TH DAY OF 0CTOBERf Ae
SECONDt FINAL READING AND PASSAGE THIS 24TH DAY OF 0C'TOBER
(CORP. SEAL)
ATTEST:
BY
--- COUNCILMAN
COUNC ! LMAN
COUNC t LlVlAN