Ordinance 1979-016 Regulations for Private Theraputic Swimming PoolsORDINANCE N0. 16-79
AN ORDINANCE OF THE VILLAGE OF NORTH PAIr1 BEACH, FLORIDA,
AMENDING CHAPTER 25 OF THE VILLAGE OF NORTH PALM BEACH CODE, BY PRO-
VIDING REGULATIONS FOR THE CONSTRUCTION OF PRIVATE THERAPEUTIC SWIMMING
POOLS AND AMENDING CERTAIN EXISTING REGULATIONS FOR THE CONSTRUCTION OF
SWIMMING POOLS IN THE VILLAGE OF NORTH PAIM BEACH.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA:
Section 1. Section 25-1 of the Village of North Palm Beach
Code is hereby amended to read as follows:
"Sec. 25-1. Definitions.
"As used in this chapter, the following words and
phrases shall have the meanings indicated:
"Private swimming pool. "Private swimming pool" is
defined as any receptacle for water having a depth at any
point greater than two (2) feet, used or intended to be used
for swimming or bathing, and constructed, installed or main-
tained in or above the ground as an accessory structure to a
single-family or multiple-family residence building, including
hotels, motels, apartment houses, condominiums, cooperatives,
duplexes and single-family residences, all of which are for the
' exclusive use of the occupants of such residential buildings
and their guests.
"Public swimming pool. "Public swimming pool" is defined
as any pool subject to the regulations of Chapter 170C-3,
Florida Administrative Code.
"Private therapeutic spa pool. "Private therapeutic spa
pool" is defined as any receptacle for water having a depth at
any point greater than two feet, used or intended to be used
for bathing, and constructed, installed or maintained in or above
the ground as an accessory structure to a single-family or
multiple-family residence buildings, including hotels, motels,
apartment houses, condominiums, cooperatives, duplexes and
single-family residences; all of which are for the exclusive
use of the occupants of said residential buildings and their
guests. A spa/pool shall have a surface area of less than
60 square feet."
Section 2. Section 25-4 of the Village of North Palm Beach
Code is hereby amended to read as follows:
"Sec. 25-4. Water cireulation• vacuum cleaner.
' Every pool shall be either a flow-through type with a
water turnover rate not exceeding twenty hours, or a re-
circulating type equipped with either a pressure and filter
system or an approved equal of sufficient capacity to provide a
water turnover rate not exceeding twenty hours. An approved
type vacuum cleaner with suction hose shall be provided together
with a proper inlet fitting or fittings to attach the hose on
the suction side of the filtration equipment for swimming
pools only. In pools up to and including thirty-six feet
in length, at least one vacuum outlet in the mid-section of the
pool shall be provided. Two outlets shall be provided for
pools longer than thirty-six feet."
Section 3. Section 25-6 of the Village of North Palm Beach
Code is hereby amended to read as follows:
' "Sec. 25-6. Scum-gutters.
"There shall be an accepted type of scum-gutter at least
across the deep end of a rectangularly shaped pool or along
the edge of a minimum of twenty-five per cent of the perimeter
of an irregularly shaped swimming pool."
Section 4. Section 25-7 of the Village of North Palm Beach
Code is hereby amended to read as follows:
"Sec. 25-7. Cross-connection of filtration equipment and
water supply.
"No cross connections between the filtration equipment and
the public water supply lines will be allowed. The inlet pipe
or valve for filling the pool shall be a minimum of three inches
above the rim of the pool."
Section 5. Section 25-9 of the Village of North Palm Beach
Code is hereby amended to read as follows:
' "Sec. 25-9. Requirements for recirculating piping and
fittings.
"The recirculating piping and fittings for pools shall
meet the following requirements:
"(1) The vacuum fitting(s) shall be located in an
accessible position(s) below the water line. Vacuum or
suction piping shall be schedule eighty (80) PVC, copper
Type "L", brass or an approved equal. All other piping
shall be equal to schedule forty (40) PVC.
"(2) Amain drain outlet shall be placed at the
deepest point in every pool for recirculating and emptying the
pool. Minimum size shall be 2 inch I.D. for swimming pools and
1z inch I.D. for spa pools.
"(3) Pool recirculing piping, passing through the pool
structure, shall be copper tubing with a minimum wall thickness
of Type "L", schedule eighty (80) PVC, brass or an approved
equal. Metal pipe shall be bituminously coated.
"(4) Where pool heaters are installed, recirculating
piping within four feet of the heater must be either copper
Type "L", schedule eighty (80) CPVC, or brass pipe."
' Section 6. Section 25-11 of the Village of North Palm Beach
Code is hereby amended to read as follows:
"Sec. 25-11. Grade.
(1) The top of the rim of any swimming pool shall not be
in excess of two feet above the average grade of the land
surrounding the pool.
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(2) The top of the rim of any spa pool shall not be in
excess of two feet above the average grade of the land surrounding
the pool or a permanent platform constructed completely around
the rim of the spa pool. The maximum height of a spa pool
above average grade of the land surrounding the pool shall be
(4) feet."
Section 7. Section 25-23 of the Village of North Palm Beach
' Code is hereby amended to read as follows:
"Sec. 25-23. Required; application; fees.
"No person or firm shall construct, cause to be constructed,
or maintain a public or private pool. without first obtaining a
permit therefor. Application for the permit shall be made to
the Village building official and shall be accompanied by
payment of a fee based on valuation as per Section 107.4 of the
Standard Building Code, and by plans and specifications and other
data prepared by a competent engineer registered in the State of
Florida sufficiently detailed for the purposes of this Chapter.
The permit fee is in addition to other construction permits for
which fees have been established."
Section 8. Article III of Chapter 25 of the Village of North
Palm Beach Code is hereby amended to read as follows:
"ARTICLE III. PUBLIC AND PRIVATE POOLS
"Sec. 25-36. Construction.
"Private and public swimming pools shall be constructed
of reinforced concrete, conrete block reinforced and poured after
laying up, or of reinforced gunite construction, or of such
equal alternate materials as approved by the building official.
"Sec. 25-37. Fencing--Requirements.
"(a) A fence or screen enclosure, designed to prevent
children from inadvertently wandering into the pool, shall
completely surround any pool; provided, haaever, that where a
pool is located on a lot which backs onto a public waterway,
the fence or screen enclosure may be omitted across the back of
the lot where the sides of the lot are protected by a fence
which extends to the end of the lot where it meets the waterway
in such a way that access to the pool from adjacent lots on
either side cannot be made.
"(b) The fence shall be a minimum of four feet high, and
of such design, type and location as approved by the building
official. The screen enclosure shall completely enclose the
pool.
"(c) All gates or doors opening through the fence or screen
enclosure shall be equipped with a self-closing and self-latching
device designed and capable of keeping such door or gate securely
' closed at all times when not in actual use, and prevent any
child from opening such door or gate. The door of any dwelling
forming part of the enclosure hereinabove required need not be
so equipped.
"(d) The building official is directed to conduct an inspection
of all pools to determine compliance with this section not less
than one time per year and to enforce the provisions of this
Section.
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"Sec. 25-38
"(a) The Village Council may make modification in
individual eases, upon written petition making a showing of
good cause with respect to the height, nature or location of
the fence, wall, gates or latches, or the necessity therefor, or
may permit other protective devices or structures in lieu
' thereof.
"(b) In making said modifications or special exceptions,
the Village Council shall be governed by the following standards:
The purpose of the fencing requirement herein is to prevent
small children from inadvertenkly wandering into pools. The
Council realizes that there are locations within the Village
where an unfenced pool would not create an obvious hazard. In
these areas where, due to the nonexistence of a substantial number
of small children, no obvious hazard exists, the Village
Council may grant modifications or special exceptions and
may even dispense with the requirement for fencing.
"(c) All such decisions shall be conditional and subject
to revocation in the event circumstances or conditions change
in the particular location."
Section 9. This Ordinance shall take effect immediately upon
passage.
PIIICED ON FIRST READING THIS 28th DAY OF JUNE, 1979.
PIACED ON SECOND, FINAL READING AND PASSED THIS 12th DAY OF JULY, 1979.
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/s/ W. H. Brown
MAYOR
ATTEST:
/s/ Dolores R. Walker
Village Clerk
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