Chapter IV · Buildings and Construction

Article 10. Swimming Pools

Sections 4-1001 to 4-1006 · 6 sections

4-1001 Swimming pool; defined.

The term swimming pool, as used in this article, means any structure, basin, chamber or tank which is intended for swimming, diving, recreational bathing or wading and which contains, is designed to contain, or is capable of containing water more than 24 inches deep at any point. This includes in-ground, above-ground and on-ground pools; indoor pools; hot tubs; spas; and fixed-in-place wading pools.

(Ord. 2012-04; Code 2012; Ord. 2016-01)

4-1002 Permit required.

(a)It shall be unlawful for any person, partnership, association, or corporation to construct any swimming pool within the boundaries of McLouth, Kansas, without first having obtained a permit for such construction. To obtain such a permit the requesting party shall be required to provide a survey of the property from a registered land surveyor reflecting the easements thereon and neighboring property lines, Subject to (b) below. This survey shall be at the cost of the requesting party. The requesting party shall also provide a drawing reflecting the placement of the proposed swimming pool in relation to city easements and neighboring property lines. A permit shall not be issued by the city until the City Inspector has reviewed the drawing and survey and can verify that the construction will be limited to the applicant’s property and will not interfere with city easement(s). Permits shall be issued by the City Clerk upon approved application and the payment of a $50.00 fee. Permits shall be approved only upon submission of a construction plan that meets the requirements of this Article.

(b)In the event a fence already exists on the property before construction of the swimming pool, and the pool shall be located within that fence, there shall be no need for a survey to be provided to the City, as a survey will already have been provided for the construction of the fence or the fence will have preexisted the necessity of such survey.

(Ord. 2012-04; Code 2012; Ord. 2016-01; Code 2020; Ord. 2022-05)

4-1003 Barriers.

Any residential swimming pool existing within the boundaries of McLouth, Kansas, shall be completely surrounded by a barrier not less than four feet in height. The space between the barrier and the ground shall not exceed two inches. The space between any openings in the barrier shall not exceed four inches. The barrier may consist of a fence, wall, or any combination of both. Access to the swimming pool must be through a fixed gate that complies with the mandates of this Article. A barrier may consist of a fence surrounding the land housing the swimming pool, if the fence complies with the provisions of this Article.

(Ord. 2012-04; Code 2012; Ord. 2016-01)

4-1004 Gates.

All barriers surrounding a swimming pool must provide access only through a properly secured gate. All gates shall be self-latching, with the latch affixed to the pool side of the barrier. The gate shall be at least four feet in height. The space between the gate and the ground shall not exceed two inches. The space between any openings in the gate shall not exceed four inches. All gates shall be secured with a lock.

(Ord. 2012-04; Code 2012; Ord. 2016-01)

4-1005 Construction standards.

All in-ground swimming pools shall be constructed in accordance with ANSI/APSP/ICC-5 2011 Standard for Residential In-Ground Swimming Pools. All above-ground swimming pools shall be constructed in accordance with ANSI/APSP-4 2007 Standard for Residential Above-Ground/On-Ground Swimming Pools. All swimming pools shall comply with ANSI/APSP-7 2006 Standard for Suction Entrapment Avoidance.

(Ord. 2012-04; Code 2012; Ord. 2016-01)

4-1006 Maintenance requirements.

All swimming pools shall be maintained in a clean, sanitary, and mechanically sound manner.

(Ord. 2012-04; Code 2012; Ord. 2016-01)