Swimming and Wading Pools., Chapter 13. Building Code, Municipal Code, Code of Ordinances, West Allis

(1)

Location Regulated.

(a)

No pool or appurtenances or fence required to isolate such pool shall be located in a required front yard.

(c)

No pool shall be located, constructed, or maintained closer to any side line than three (3) feet.

(d)

No pool shall be located, constructed, or maintained closer to any rear lot or parcel line than five (5) feet.

(e)

No pool shall be located, constructed or maintained closer to a perpendicular line extending from the ground to the outermost projection of the roof of any house or building, detached garages excluded, than as follows:

If the house or building is not in excess of thirty (30) feet in height, then the minimum distance from said perpendicular line shall be one-fourth (1/4) of the height of the house or building, but in no event less than six (6) feet.

If the house or building is greater than thirty (30), but not in excess of forty-five (45) feet in height, then the minimum distance from said perpendicular line shall be twenty-eight (28) feet.

If the house or building is greater than forty-five (45), but not in excess of sixty (60) feet in height, then the minimum distance from said perpendicular line shall be forty-eight (48) feet.

(2)

Height Regulated. Height of the house or building, for purposes of this section, shall be defined as follows: The vertical distance measured from the finished grade line of such house or building to:

(a)

The highest point of the coping of fascia of flat roofs; or,

(b)

The highest point of the eaves line on the side of the building facing the pool for gable, gambrel or hip roofs.

(3)

Fences Required.

(a)

Every permanent or temporary swimming or wading pool which is not enclosed in a permanent building or like structure shall have erected around it a fence of a height not less than four (4) feet above the grade level and shall be so constructed so as to have no voids, holes or openings larger than five (5) inches in width or diameter. All points of entry into the pool area enclosure shall be equipped with gates. All gates shall be equipped with self-closing and self-latching devices placed at the top of the gate. The wall of a dwelling or building faced to a pool may be incorporated as a portion of the fence.

(b)

An above ground pool where the top of the pool is more than four (4) feet above the grade at any point around its perimeter is permitted without separate additional fencing; provided, however, that permanent access from grade to above ground pools having stationary ladders, stairs and ramps shall have safeguard fencing of minimum height and design as specified in (a) above.

(4)

Location of Fences. Location of the fence required in subsection (3) above, shall be subject to any other ordinances regulating the location, construction, and maintenance of fences in the City, in addition to one or more of the following:

(a)

No fence shall be located, constructed, or maintained closer to said pool than three (3) feet.

(b)

No fence shall be located, constructed or maintained closer to any house or building, detached garages excluded, than as follows:

Any wall of the house or building may be incorporated as a portion of such fence.

If any wall of the house or building is not incorporated as a portion of such fence, then any fence located, constructed or maintained between said pool and any house or building shall not be closer to a perpendicular line of such house or building (section (1)(e)) than as follows:

If the house or building is fifteen (15) feet in height or less, then the minimum distance from said perpendicular line shall be ten (10) feet.

If the house or building is greater than fifteen (15), but not in excess of thirty (30) feet in height, then the minimum distance from said perpendicular line shall be fifteen (15) feet.

If the house or building is greater than thirty (30) feet, but not in excess of forty-five (45) feet in height, then the minimum distance from said perpendicular line shall be twenty-five (25) feet.

If the house or building is greater than forty-five (45) feet, but is not in excess of sixty (60) feet in height, then the minimum distance from said perpendicular line shall be forty-five (45) feet.

(5)

Unobstructed Area. Every permanent or temporary swimming or wading pool, which is greater in area than seventy-five (75) square feet and which is not enclosed in a permanent building or like structure, shall have a continuous unobstructed areaway around ninety percent (90%) of the pool of not less than three (3) feet in width.

(6)

Flood Lights. If overhead flood or other artificial lights are used to illuminate the pool at night, none of the lights shall be used after 10:00 P.M., if said pool is located within two hundred (200) feet of any building used for dwelling purposes. Such lights shall further be shielded to direct light only on the pool.

(7)

Permit Required. No pool, as contemplated by this section, in excess of seventy-five (75) square feet in area, shall be constructed or established unless a permit to do so is first obtained from the Building Inspector.

(8)

Plans to be Submitted. Any person, firm or corporation desiring to locate, construct or maintain any pool, as contemplated by this section, shall first submit plans to the Building Inspector, showing the size, depth and type of construction, a drawing to scale showing the location of the barrier and gates and location of the pool with reference to any house or building situated on the lot or parcel of land. If the plans and location of the contemplated pool conform to the requirements of this section, and all other regulations of the City, the Building Inspector shall issue a permit upon the payment of the fee provided in subsection (7).

(9)

Inspection. The Director of Building Inspections and Zoning shall periodically inspect all swimming and wading pools in the City to determine whether or not the provisions of this section are being complied with.

(10)

Nuisance.

(a)

Every swimming and wading pool shall be designed, constructed, installed and maintained waterproof and leakproof. Swimming and wading pool water discharging on the premises on which the pool is located and flowing onto adjoining properties is a nuisance and shall not be permitted.

(b)

Swimming and wading pools that are not watertight and leak water shall be drained in accordance with subsection 12.50(10)(c); thereafter, the cause of the leak shall be corrected to make the pool watertight before refilling the pool to prevent the surface and underground water nuisance.

(c)

Water drained from every swimming and wading pool shall be conducted through a hose or pipe and discharged into the public street right of way curb or storm water drain system, surface storm water drain easements, catch basins, sumps or other open receptacles connected directly to the storm sewer. Swimming and wading pool water shall not be discharged in or on the ground surface, except as specified herein, nor shall water be discharged in the public sanitary sewer.

(d)

Water distributed outside the pool caused by splashing, throwing, spouting or other means during activity in and around swimming and wading pools by persons shall be contained within the lot lines on which the swimming and wading pool is located. Such water entering on adjoining property shall be considered a nuisance and is prohibited.

(11)

For purposes of this section, "pool" means the structure, basin, chamber or tank used primarily for the purpose of swimming or wading which is greater in area than seventy five (75) square feet and has a depth at any point of more than (2) feet.