§ 8-9-1. General application.

A.

Compliance—General. No person shall construct, install or maintain any public or private swimming pool or spa in the Village without complying with all provisions of the Article.

B.

Compliance—Substantial. Any public or private swimming pools or spas which were constructed or installed prior to and existed lawfully on April 1, 1998 shall be deemed to be in substantial compliance.

C.

Definitions. As used in this Article, unless the context otherwise requires, the terms specified have the meanings ascribed to them in those sections.

1.

Public Swimming Pool shall mean any artificial basin of water which is modified, improved, constructed or installed for the purpose of public swimming, and includes: pools for community use, pools at apartments, condominiums, townhomes, clubs, churches, camps, schools, institutions, parks, recreational areas, forest preserves, motels, hotels and other commercial establishments. This definition does not include swimming pools at private residences intended only for the use of the owner and guests.

2.

Private Residential Swimming Pool shall mean any artificial basin of water over 24 inches in depth or having a capacity of 1,000 gallons or more which is constructed on or in-ground and which is used or intended to be used as a swimming pool in connection with a one- and two-family dwelling and is available to the family of the household and is private and not used for the purpose of profit.

3.

Spa shall mean a hydromassage pool, or tub for therapeutic or recreational use, not located in health care facilities, and shall include, but is not limited to terms such as hydrotherapy pool, whirlpool, hot spa and hot tub. A spa is designed for the immersion of users but not for swimming and/or diving purposes and usually consists of a filter, heater and motor-driven blower. It may be installed indoors or outdoors, on the ground or supporting structure or in the ground or supporting structure.

4.

In-Ground Swimming Pool shall mean any swimming pool that is constructed in the ground (below-grade) or in a building, in such a manner that the swimming pool cannot be readily disassembled for storage.

5.

On-Ground Swimming Pools or Spas shall mean any swimming pool or spa whose sides rest fully or partially above the surrounding earth.

6.

Temporary or Portable Swimming Pools shall mean any swimming pool that is constructed so that it may be readily disassembled for storage and reassembled to its original integrity or that it may be easily carried or moved by hand.

7.

Barrier shall mean a fence, wall, building wall or combination thereof, which completely surrounds the swimming pool and obstructs access to the swimming pool.

8.

Application shall mean any person making application for a permit or license.

9.

Person shall mean any individual, group of individuals, association, trust, partnership or corporation.

10.

Director of Code Enforcement shall mean the Director of Code Enforcement for the Village of Hoffman Estates. This term shall also include the designated representatives of the Director.

11.

Village shall mean the Village of Hoffman Estates.

12.

Revocation shall mean to declare invalid, for any definite period of time, a permit or license issued to the applicant or licensee issued by the Village.

13.

State shall mean the State of Illinois, Department of Public Health.

D.

Application for a Permit to Construct a Swimming Pool or Spa. No public or private swimming pool or spa, or appurtenances thereto, as defined by this Code shall be constructed, installed, enlarged or altered until a permit has been obtained from the Code Enforcement Division.

1.

Application for a permit shall be in writing in the form supplied by the Director of Code Enforcement. Such application shall contain such information and drawings as shall be required by the Director of Code Enforcement for a proper understanding of the proposed work.

Each application for permit to construct or alter a public pool or spa shall be accompanied by an approval permit for the construction issued by the State Department of Public Health.

2.

No permit is required for erection of a portable or temporary swimming pool, if the capacity of such swimming pool is less than 1,000 gallons or depth does not exceed 24 inches.

3.

Fees for permits required under this Chapter shall be established by the Village Board.

E.

Swimming Pool and Spa Construction Plans and Standards. Plans shall accurately show dimensions and construction of swimming pool or spa and appurtenances and properly established distances to lot lines, buildings, walks and fences, details of water supply system, drainage and water disposal system; and all appurtenances pertaining to the swimming pool or spa. Detailed structures, vertical elevations and sections through the swimming pool showing depth shall be included. Applications and plans shall be reviewed to determine compliance with the following requirements:

1.

Drainage. Drain outlet fittings from a swimming pool or spa shall not be connected to a sanitary sewer line. Drainage shall be by gravity, or by pumping or siphoning out into the top of a basin or sump located ahead of the storm drain sewer so as not to create a nuisance to adjacent properties or to the curb or gutter located along an adjacent street.

2.

Grading. Issuance of a swimming pool or spa permit shall not include authorization to alter any lot grades or drainage swales unless a revised grading plan is approved by the Engineering Division in conjunction with the swimming pool permit.

3.

Recirculation and Filtration System. Swimming pools with a capacity of 1,000 gallons or more and all spas shall be equipped with a water recirculation and filtration system. The equipment shall be capable of effecting one turnover of the swimming pool volume in eight hours or less. The equipment shall be capable of effecting one turnover of the spa volume in two hours or less.

4.

Inlet Supply Fittings. In-ground swimming pools and spas shall be provided with at least two filtered water inlet supply fittings.

5.

Outlet Fittings. The outlet fittings for in-ground swimming pools and spas which connect to the recirculation system shall be permanently installed at the lowest point in the swimming pool or spa. These fittings shall be ample in size, with a free grating area sufficient to minimize chances of clogging or occurrences of suction dangerous to the safety of bathers. The maximum width of the grate openings shall be ½-inch and be such that the bathers' body parts may not be caught or injured. All swimming pools and spas shall be equipped with a minimum of one skimmer.

6.

Setback Lines. Swimming pools and spas shall be erected in locations specified in Chapter 9 (Zoning Code) of this Code.

7.

Lighting. There shall be no lights placed on or about the swimming pool or spa that shine directly upon the property of other persons.

8.

Steps or Ladders. All swimming pools shall have at least one means of egress.

9.

Walk Areas. A walk area not less than four feet wide shall be provided to extend entirely around an in-ground swimming pool. The walk area shall consist of impervious materials of non-slip construction, shall be easily cleaned and have a definite pitch away from the swimming pool edge.

10.

Barrier Requirements. The provisions of this section shall control the designs of barriers for residential swimming pools and spas. These design controls are intended to provide protection against potential drownings and near drownings by restricting access to swimming pools and spas.

a)

Temporary or Portable Pools. Temporary or portable swimming pools over 24 inches in depth must be erected, filled and used within a fenced-in yard.

b)

On-Ground Swimming Pools. The following barrier options shall be utilized:

(1)

When a swimming pool is less than four-foot high (48 inches), a four-foot high (48-inch) fence with openings no greater than four inches, or a wall, shall completely surround the yard or swimming pool. The access to the swimming pool must still be protected.

(2)

When a swimming pool that is four-foot high (48 inches) which has access by means of a ladder that is hinged and folds up latching in the up positions, or is easily and readily removable, a fence shall not be required. Such ladder shall remain latched in the up position or entirely removed from the swimming pool during the hours when the swimming pool is not in use.

(3)

Should the ladder not fold up and latch or is not removable, a four-foot high (48-inch) fence with openings no greater than four inches with a self-closing, self-latching gate that completely surrounds the ladder must be installed.

(4)

When the swimming pool is less than four-foot high (48 inches) a fence with openings no greater than four inches must be installed along the top of the swimming pool to maintain a height of four-foot (48 inches) from grade, or a four-foot high (48 inches) fence with openings no greater than four inches must completely surround the swimming pool. This fence must incorporate a ladder that is hinged and folds up latching in the up position. Such ladder shall remain latched in the up position during the hours when the swimming pool is not in use.

(5)

Any deck which abuts any portion of a swimming pool shall have a minimum four-foot high (48 inches) guardrail/fence with openings no greater than four inches located along the portion of the deck that abuts the swimming pool. All gates within the fence shall be self-closing and self-latching.

c)

In-Ground Swimming Pools. A four-foot high (48-inch) fence with openings no greater than four inches, or a wall which does not contain indentations or protrusions, shall completely surround the yard or in-ground swimming pool.

d)

Alarms. A side of the house used for the safety barrier with doors with direct access to either an on-ground swimming pool or in-ground swimming pool shall have an audible alarm on the door that activates when the door and screen are opened. An approved power safety cover can be used in lieu of the door alarms.

e)

Gates. All gates shall be equipped with self-closing, self-latching devices placed at a maximum of three inches below the top of the gate on the swimming pool side of the gate. On all gates that exceed five-foot high (60 inches) the self-closing, self-latching devices may be located on the outside of the gate with a minimum 54 inches from the bottom of the gate.

No gate shall exceed six foot (72 inches) in height and openings in the gate shall not exceed four inches.

All self-closing, self-latching devices must be locked during the hours when the swimming pool is not in use.

f)

Spas. Spas must be equipped with an approved safety cover.

11.

Electrical Requirements. All electrical wiring shall conform to the provisions of the National Electrical Code as adopted. No swimming pool or spa shall be located within ten feet of any overhead wiring or over or within five feet of any underground wiring.

F.

Inspections. The Director of Code Enforcement shall have the right and authority to inspect any swimming pool or spa or to check the operation thereof during daylight hours.

G.

Failure to Meet Requirement(s) . If the Director of Code Enforcement shall find, after inspection, that the operation of a Public Swimming Pool or Spa does not meet the safety requirements of this Chapter, the Director shall order the Public Swimming Pool or Spa be closed until the safety requirements are met. Where additional inspections are made because of inaccurate or incorrect information, failure to make necessary repairs, or faulty construction, a charge of $50.00 shall be made for each such inspection.

(Ord. No. 4238-2011, § 3(Exh. A), 5-2-11; Ord. No. 4409-2014, § 1, 1-20-14)