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O#311ORDINANCE # 311 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, REGULATING THE CONSTRUCTION, OPERATION AND MAINTENANCE OF SWIM-MING POOLS.; PRESCRIBING STANDARDS AND REQUIRF~YiENTS- FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF SWIMMING POOLS AND SWIMMING POOL EQUIPMENT AND APPARATUS; PRESCRIBLNGDUTIESAND RESPONSIBILITIES OF TIlE HEALTH DEPARTMENT; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, AS FOLLOWS: SECTION I. Short Title. This Ordinance shall be known and may be cited as the "Swim_n/ng Pool Ordinance of the City of Boynton Beach." SECTION II. Definitions. ~For the purposes of this Ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. V~nen no inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular nunaber include the plural number. The word "shall" as used herein as mandatory and not merely directory. 1. "City" is the City of Boynton Beach, Florida. 2. "City Council" or "Council" is the City Council of the City of Boynton Beach, Florida. 3. "Family Pool" is a swimming pool used or intended to be used solely by the owner, operator or lessee thereof and his family, and by friends invited to use it w~i~out payment of any fee. company, or any organization of any kind. "Person" is any person, firm, partnership, association, corporation, 5. "Swimming Pool" is a body of water in an articicial or semi- artificial receptacle or other container whether located indoors or outdoors -~ used or intended to be used for public, semi-public or private swimming by adults or children, or both adults and children, whether or not any charge or fee is imposed upon such adults or children, operated and maintained by any person as herein defined~ whether he be an owner, lessee~ operator, licensee, or concessionaire, exclusive of a family pool as defined herein, and shall include Ordinance # Page 2 311 all structures, appurtenances, equipmenz, appliances, 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 conjunction with or by clubs, motels, hotels and community associations. SEC'TION III. Health Department Construction Permit and Approval. Before work is commenced on the construction of a swimming pool or family pool, or on any alteration, addition, remodeling or other improvement to a swimming pool, or family pool, an applicaiion for a permit to construct and the plans and specifications and pertinent explanatory data shall be submitted to the Building Inspector for approval, and all swimming pools that are to be used for commercial activities shall be approved by the County Health Department before City Building Inspector shall issue building permit. SECTION IV. Plans to be Submitted to Health Department. Plans, specifications and pertinent explanatory data required to be submitted in connection with an application for a permit to conslruct a swimming pool or any alteration, addition, remodeling or other improvement to a swimming pool shall comply with the following requirements and include the following plans and information as well as such other data as may be reasonably requested by the Building Department. (a) Plans shall be drawn to scale indicating all dimensions including the length, width, depth and width of the pool deck; (b) A profile plan showing the same information shall also be required; (c) A cross section of scum gutters and or skimmers; {d) water lines piping; Pipe diagrams showing size of all pipes, inlets, outlets, make-up vacuum lines, waste and discharge lines, circulation and other (e) The pool equipment room layout, showing filters, their location, pumps, chlorinators, chemical feeders, flow meter guages, sight glass, strainers, hair and lint interceptors, dimena~ons of filter room, its location, floor drain, sumps, and other pertinent information; (f) The liquid capacity of the pool; (g)The liquid capacity of any wading pool; (h) The kind, number, and size of filters, including the square footage of the filter area in each unit; Ordinance # Page 3 311 (i) Top capacity in gallons per minute; description of chemical feeders for soda ash and alum; (k) The type, kind and description of chlorinator; (1) A description of the guages and water flow meter; (m) A description of the skimmers and or smum gutters; (n) The type and range of testing equipment~ including chlorine. SECTION V. Design and Construction. (A) Family pools must be built according to set back requirements as other buildings and/or improvements, as required by other ordinances controlling said set back ~or buildings and improvements. (B) All pools shall be enclosed by fence or other enclosure so that the premises upon which the pool is located is enclosed from adjoining yards or property. Said enclosure shall not be less than 48" in height with proper gates with provisions for locking same and such fences and gates shall be indicated on the plan of the swimming pool. (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 over loading of a drain field if one is used. Such drain field must be at least Twenty (20) feet away from any existing septic tank drain field. If a filter system is to be used in conjunction with the swimming pool then the same pump and motor used in the filter system can be used to empty the pool through a lawn spidtler system. V/hatever of the above methods are used, the same must be indicated on the plan. (D) All plans for swimming pools presented for building permits to the City must bear the seal of a registered architect or engineer registered in the State of Florida. Ordinance #311 Page 4 (E) A fee of Five Dollars ($5.00) shall be charged for the building permit and a fee of Five Dollars ($5.00) shall be charged annually for a building inspectors inspection of the swimming pool and its accessories assuring the City that all are in conformity to the Ordinance and that no changes (new septic tanks, etc.) have taken place to jeopardize public health and safety. SECTION VI All persons having swimrriing pool now in existence that do not com- ply with this ordinance shall have ninety (90) days from final passage of this ordinance to comply therewith and such failure to corriply with said Section V, Paragraph B, shall be considered a violation hereof. SECTION VII SEPARABILITY. If any section, sub-section, sentence, clause, phrase or portion of this Ordinance is for any reason heid invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate~ distinct and independent provisions and such holding shall not effect the validity of the remaining portions thereof. SE C TION VIII PENAL TIES. Any person, firm or corporation convicted of the viiation of any of the terms or pro~sions of this ordinance may be fined in a sum not to exceed $500.00 or may be imprisoned for not more than ninety (90) days or may be both fined and imprisoned within the discretion of the Trial Court. SECTION IX ORDINANCES REPEALED. Ail ordinances 'or parts of ordinances inconsistent or in conflict herewith, are hereby repealed insofar as there is conflict. First reading this 7th day of July, A. D. 1958. Attest: Second, reading and passed and adopted this 21st day of July, 1958.