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
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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;
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(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.
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(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.