§ 23-527. Swimming pools.

a. Definitions.

1. Swimming pool, public. A watertight structure of concrete, masonry, fiberglass, stainless steel or plastic which is located either indoors or outdoors, used for bathing or swimming by humans, and filled with a filtered and disinfected water supply.

2. Swimming pool, private. Any structure located in a residential area, that is intended for swimming or recreational bathing and contains water over twenty-four (24) inches deep including but not limited to in-ground, above-ground and on-ground swimming pools, hot tubs and non-portable spas.

b. Plans. Plans for family pools shall meet the submittal specifications of the standard swimming code adopted by the city and shall be submitted to and approved by the building official in accordance with sections 7-151 and 7-152 of the Lake Wales Code of Ordinances.

c. Location and setbacks. A pool is permitted in a front yard provided the front yard setback for a principal structure is met. Pools in front yards shall be screened. The edge of the pool proper (not including deck unless elevated) and the enclosure must meet the five-foot setback requirement from any side or rear lot line.

d. Enclosure.

1. Every swimming pool constructed within the city limits shall be completely surrounded by a fence or wall not less than four (4) feet in height. Exempt from the requirement for enclosure are:

A. Any pool constructed above ground where the edge of a pool is four (4) feet above ground and having a removable ladder or, for an elevated pool deck four (4) feet above ground, having a self-latching gate equipped with a release device no less than fifty-four (54) inches from the bottom of the gate. When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a four-inch diameter sphere.

B. Any pool constructed on private property where the individual homeowner has property consisting of twenty (20) acres or more with only one (1) dwelling thereon.

2. All pools required to be enclosed shall be provided with barriers. Such barriers shall not have any gaps, openings, indentations, protrusions, or structural components that could allow a young child to crawl under, squeeze through, or climb over the barrier. Openings in any barrier shall not allow passage of a four-inch diameter sphere.

3. All pool enclosures having a gate or door which does not lead directly into an adjacent building shall be self-closing and equipped with a self-latching devices fitted at the minimum height of fifty-four (54) inches to keep the gate or door securely closed at all times when not in actual use.

4. During construction, the contractor or owner shall install and maintain a temporary fence or enclosure meeting the height and latching requirements of the above paragraphs.

e. Connection to sanitary or storm sewer system. No person shall connect, or cause to be connected, any swimming pool to the sanitary system of the City of Lake Wales; no person shall cause or allow contents of any swimming pool to drain into said sanitary or storm system.

f. Conformance to standard swimming code. No person shall construct or cause to be constructed any swimming pool which is not in conformance with provisions of the standard swimming pool code adopted by the City of Lake Wales as its official swimming code (see sections 7-151 and 7-152).

g. Prevention of nuisance. Swimming pools which are not sufficiently maintained so as to prevent a hazard to the public health, safety and welfare in the nature of allowing growth of algae, bacteria and breeding of mosquitos and other pest are hereby prohibited.

h. Enforcement. Any person violating the requirements of this subsection shall be subject to code enforcement procedures and penalties in accordance with Chapter 12, Lake Wales Code of Ordinances.

(Ord. No. 2008-45, § 21, 12-16-08)