19.08 Swimming Pool, Spa and Hot Tub Requirements

1. Definitions. The following definitions shall be applicable to this section:
   
   
   • ASTM ES 13-89: Emergency standard performance specifications for safety covers and labeling requirements for all covers for swimming pools, spas and hot tubs.
     
     
   • Barrier: A fence, wall, building wall or combination thereof which completely surrounds the swimming pool and obstructs access to the swimming pool.
     
     
   • Hot Tub: See definition for spa.
     
     
   • Inground Pool: See definition for swimming pool.
     
     
   • Natural Barrier: A non-seasonal lake, pond or stream greater than 20 feet in width.
     
     
   • Neighboring Residence: A one or two family dwelling or a single family townhouse not more than three stories in height situated on improved property within 500 feet of a residential swimming pool.
     
     
   • Residential: That which is situated on the premises of a detached single or two-family dwelling or a one-family townhouse, not more than three stories in height.
     
     
   • Spa - portable, nonportable, hot tub: A non-permanent structure intended for recreational bathing, in which all controls, water heating and water circulating equipment are an integral part of the product.
     
     
   • Swimming Pool: Any structure intended for swimming or recreational bathing that contains water over 24 inches deep. This includes inground, aboveground and onground swimming pools, hot tubs and spas.
     
     
   • Swimming Pool - indoor: A swimming pool which is totally contained within a structure and surrounded on all four sides by walls of said structure.
     
     
   • Swimming Pool - outdoor: Any swimming pool which is not an indoor pool.
   
   
2. Outdoor Swimming Pool Requirements: An outdoor swimming pool, including an inground, aboveground or onground pool, hot tub or spa shall be provided with a barrier which shall comply with the following:
   
   
   1. Barrier: The top of the barrier shall be at least 48 inches above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be four inches measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade, such as an aboveground pool, the barrier may be at ground level, such as the pool structure, or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be four inches.
      
      
   2. Natural Barrier: The barrier requirements are waived for the portion of the pool/spa/hot tub facing the natural barrier. On all other sides of the property, the barrier must extend to the legal, where established, or normal water level.
      
      
   3. Barrier Openings: Openings in the barrier shall not allow passage of a four inch diameter sphere.
      
      
   4. Solid Barriers: Solid barriers which do not have openings, such as masonry or stone wall, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.
      
      
   5. Horizontal, Vertical Members: Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the horizontal members shall not exceed 1 3/4 inches in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1 3/4 inches in width.
      
      
   6. Where the barrier is composed of horizontal and vertical members of 45 inches or more, spacing between vertical members shall not exceed four inches. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1 3/4 inches in width.
      
      
   7. Maximum mesh size for chain link fences shall be 1 1/4 inch square unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to no more than 1 3/4 inches.
      
      
   8. Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall be no more than 1 3/4 inches.
      
      
   9. Access gates shall comply with the requirements of this subsection and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outwards away from the pool and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches from the bottom of the gate:
      
      
      1. the release mechanism shall be located on the pool side of the gate at least three inches below the top of the gate; and
         
         
      2. the gate and barrier shall have no opening greater than one-half inch within 18 inches of the release mechanism.
      
      
   10. Above ground Pool Structure Used as Barrier: Where an aboveground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then:
       
       
       1. the ladder or steps shall be capable of being secured, locked or removed to prevent access, or
          
          
       2. the ladder or steps shall be surrounded by a barrier which meets the requirements of Section 29.10-B-1 through 9. When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a 4-inch diameter sphere.
       
       
   11. Where a moat is used to obtain the 48-inch clearance from ground surface to the top of the pool, it shall also be 48 inches from the outside rim of the moat to the top of the barrier (or rim of the pool).
   
   
3. Barrier Locations: Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers.
   
   
4. Exemptions:
   
   
   1. A spa with a solid lockable safety cover which complies with ASTM ES 13-89 shall be exempt from the provisions of this Ordinance. Swimming pools with safety covers shall not be exempt.
      
      
   2. Swimming pools/spas/hot tubs located greater than 500 feet from neighboring residences and that have been in existence prior to the effective date of this amendment (July 8, 1993) shall be exempt from all requirements of Section 19.07-B, C.
   
   
5. Variances: It is the intent of this Ordinance that all swimming pools, spas and hot tubs have an effective barrier to discourage access of children (less than five years of age). However, it is recognized that unique circumstances may exist that would preclude immediate compliance with all parts of Section 19.07 in existence prior to the effective date of this amendment. Variations from the regulations of this section may be granted in each of the following instances:
   
   
   1. For the swimming pools/spas, hot tubs built prior to the effective date of this amendment and that require measurement specifications as set forth in Section 19.07, may be granted a variance provided that the "as built" configuration does not deviate by more than 15 percent of the measurement specifications.
      
      
   2. A variance may be granted by the Building and Zoning Officer (or) Board of Trustees where evidence is presented and demonstrates:
      
      
      1. The swimming pool/spa/hot tub has been built prior to the effective date of this amendment.
         
         
      2. The swimming pool/spa/hot tub is located 200 feet to 500 feet from a neighboring residence or less than 50 feet from a natural barrier.
         
         
      3. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.
   
   
6. Building Permit. A building permit shall be required for swimming pools as defined in Section 19.07-A. Accompanying the building permit application shall be a plot plan showing the location of any structures and proposed location of the pool on the lot.
   
   
7. Location. Swimming pools shall only be allowed in the rear yard and all setback requirements of the Harvard Zoning Ordinance must be met.
   
   
8. Septic Field. In the event the property is serviced by a septic field, in-ground pools must be located at least 50 feet from a septic field. Onsite inspection may be required to verify septic system location. Variations may be given to a distance of 25 feet, depending upon onsite conditions. A request for a variation must follow the procedure established in the Harvard Zoning Ordinance.

1. _____Is there underground conductor within 5' horizontally from the inside wall at the pool? 680.10
   
   
2. _____ Is there overhead Electrical Conductors in the area extending 10 ft. horizontally from the inside wall of the pool and 22' up from water level? 680.8
   
   
3. _____Is the pump motor third party listed to U.S. standards with a label for pool motor? (UL1081 is the standard) 110.3 (b)
   
   
4. ____Is the cord on the pump motor #12 wiring and no longer than 3' with a twist lock cord cap? 680.7
   
   
5. ____Is the receptacle 5' from the inside pool wall? 680.22.(a)
   
   
6. ____Is the receptacle a twist-lock and protected by GFCI? 680.22.(a)(2)This must be a GFCI breaker or GFCI face-less type outlet or GFCI outlet, rated for the h.p. at the pump.
   
   
7. ____Is the cover for the receptacle an in-use cover?406.8(a)
   
   
8. ____Is there a GFCI general purpose outlet on a general purpose circuit 10' from pool wall and not more than 20'? 680.22(a)(5)
   
   
9. ____Is there a disconnecting switch located at least 5' from the inside wall of the pool? 680.12
   
   
10. ____Is the raceway of the type of rigid heavy wall metal conduit, intermediate metal conduit or rigid nonmetallic conduit (PVC) and listed for electrical use? 680.25(a) 110.3 (b)
    
    
11. ____Is the raceway buried to the correct depth? RMC, IMC=6 inches and PVC 18inches from the top of the conduit to grade. 300.5
    
    
12. ____There must be a minimum of a #12 green wire installed in the raceway. 680.25(b)(1) The wire must be green in color. 250.119
    
    
13. ____The grounding conductor must pick up all junction boxes, light fixtures, pump motors, transformer enclosures, devices like switches, outlets, etc. 680.24(2)(f)
    
    
14. ____Is there a grounding conductor between panel boards that are not part of the service equipment and that supply any electric equipment associates with the pool? 680.24, 680.25(b) The wire shall be sized in accordance with table 250.122
    
    
15. ____The bonding conductor must be a solid #8 copper wire. (bare conductor is OK). This wire must pick up pool frame (upper and lower ring if metal) and pump motor, pool heater (if one) and RMC or IMC piping, and any metallic part within 5' of the pool. 680.26(a)
    
    
16. ____Is the bonding conductor connection done with a clamp of the type of stainless steel, brass, or copper? (No zinc parts) 680.26(b)(1)
    
    
17. ____Double insulated pump motors do not have to be bonded with the solid #8 but must have a #12 green wire to them.
    
    
18. ____If RNC (PVC) is used with RNC PVC boxes, these items must be listed for electrical and sunlight resistant. Support and expansion fitting may be needed. Article 352