Chapter 16.24
SWIMMING POOL, SPA AND
HOT TUB CODE
Sections:
16.24.010 Adopted by reference.
16.24.015 Definitions.
16.24.020 Repealed.
16.24.025 Chapter 5 of Uniform Code deleted – Fuel gas piping.
16.24.030 Abandoned swimming pools.
16.24.040 Safety devices.
16.24.050 Setbacks.
16.24.055 Permit fees.
16.24.060 Repealed.
16.24.070 Section 1.7 of Uniform Code amended – Violation and penalties.
16.24.080 Section 1.18 of the Uniform Code amended – Board of appeals.
16.24.900 Severability.
16.24.010 Adopted by reference.
As amended by the provisions of this chapter and the State of Washington Building Code Council, the Uniform Swimming Pool, Spa and Hot Tub Code, 1991 Edition, by the International Association of Plumbing and Mechanical Officials, one copy of which, along with the State of Washington Building Code Council’s amendments, shall be on file in the office of the Lynnwood city clerk, is adopted by this reference. (Ord. 2683 § 7, 2007; Ord. 1898 § 1, 1992; Ord. 1504 § 1, 1986; Ord. 640 § 1, 1972, repealed by Ord. 1504)
16.24.015 Definitions.
A. Section 101 of Uniform Code Amended. Section 101 of the edition of the Uniform Swimming Pool, Spa and Hot Tub Code adopted by this chapter, entitled “General Definitions” is amended by adding thereto the following paragraph:
Whenever the term “Code” is used herein, it shall mean the edition of the Uniform Swimming Pool, Spa, and Hot Tub Code as adopted by Chapter 16.24 LMC and the provisions of Chapter 16.24 LMC. Whenever the term “City” or “jurisdiction” is used herein, it shall mean the City of Lynnwood.
B. Whenever the term “code” is used in this chapter, it shall mean the provisions of this chapter and the edition of the Uniform Swimming Pool, Spa and Hot Tub Code as adopted by this chapter. Whenever the term “city” or “jurisdiction” is used in this chapter, it shall mean the city of Lynnwood. (Ord. 2683 § 7, 2007; Ord. 1898 § 2, 1992)
16.24.020 Amendments and additions.
Repealed by Ord. 1504.
16.24.025 Chapter 5 of Uniform Code deleted – Fuel gas piping.
The edition of the Uniform Swimming Pool, Spa and Hot Tub Code adopted by this chapter is amended by deleting therefrom Chapter 5, entitled “Fuel Gas Piping.” (Ord. 2683 § 7, 2007; Ord. 1898 § 3, 1992; Ord. 1504 § 7, 1986)
16.24.030 Abandoned swimming pools.
Swimming pool installations which have been determined to be abandoned shall be filled with sand or other granular materials as may be approved by the administrative authority. (Ord. 2683 § 7, 2007; Ord. 1504 § 1, 1986; Ord. 640 § 3, 1972)
16.24.040 Safety devices.
A. The entire area surrounding the swimming pool shall have a security fence or other barrier conforming to the height and openings as required for fences.
B. Fences shall be constructed of wood, masonry, concrete, or other substantial materials acceptable to the building department, not less than five feet in height, with no opening, other than doors and gates, such that a sphere four inches in diameter cannot pass through.
C. All gates or doors opening through such enclosure shall be equipped with a self-closing and a self-latching device designed to keep such gates or doors securely closed and latched at all times when not in actual use; all latches shall be placed at least four and one-half feet above the ground; provided, however, that the door to any dwelling occupied by human beings and forming any part of the enclosure hereinabove required need not be so equipped.
D. Such fencing and latches shall be installed prior to the filling of the pool with water for use. (Ord. 2683 § 7, 2007; Ord. 1504 § 3, 1986; Ord. 704 § 1, 1973; Ord. 640 § 4, 1972)
16.24.050 Setbacks.
All swimming pools, portable or permanent, shall be placed so as to observe the minimum setbacks for structures. (Ord. 2683 § 7, 2007; Ord. 1504 § 6, 1986; Ord. 688 § 1, 1973; Ord. 640 § 5, 1972)
16.24.055 Permit fees.
Section 1.11 of the edition of the Uniform Swimming Pool, Spa and Hot Tub Code adopted by this chapter is amended by deleting therefrom Section 1.11, entitled “Cost of Permit,” and inserting in its place the following wording:
1.11 Permit Fees. Fees shall be set forth in a resolution adopted and from time to time amended by the city council.
(Ord. 2683 § 7, 2007; Ord. 1898 § 4, 1992; Ord. 1504 § 5, 1986)
16.24.060 Building official – Enforcement of chapter.
Repealed by Ord. 1504.
16.24.070 Section 1.7 of Uniform Code amended – Violation and penalties.
The edition of the Uniform Swimming Pool, Spa and Hot Tub Code adopted by this chapter is amended by deleting therefrom Section 1.7, entitled “Violations and Penalties,” and inserting in its place the following wording:
Any person, firm or corporation violating any provision of this Code shall be deemed guilty of a misdemeanor, and each such person, firm, or corporation shall be guilty of a separate offense for each and every day, or portion thereof, during which any violation of any of the provisions of this Code is committed, continued or permitted.
Anyone concerned in the violation or failure to comply with the provisions of this Code, whether directly committing the act or effecting the omission constituting the offense, or aiding or abetting the same, whether present or absent; and anyone who directly or indirectly counsels, encourages, hires, commands, induces or otherwise procures another to violate or fail to comply with the provisions of this Code, is and shall be guilty of a misdemeanor.
Upon conviction of any such misdemeanor, such person, firm, or corporation shall be punishable by a fine of not more than $1,000 or by imprisonment for not more than 90 days, or by both such fine and imprisonment.
(Ord. 2683 § 7, 2007; Ord. 1898 § 5, 1992; Ord. 1504 § 4, 1986; Ord. 640 § 7, 1982)
16.24.080 Section 1.18 of the Uniform Code amended – Board of appeals.
The edition of the Uniform Swimming Pool and Spa and Hot Tub Code adopted by this chapter is amending by deleting therefrom Section 1.18 entitled “Board of Appeals” and inserting in its place the following wording:
1.18.1 General. The hearing examiner shall hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code in accordance with Chapter 16.50 LMC.
1.18.2 Limitations on Authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The hearing examiner shall have no authority to waive requirements of this code.
(Ord. 2683 § 7, 2007)
16.24.900 Severability.
If any section, sentence, clause or phrase of this chapter is held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this chapter. (Ord. 2683 § 7, 2007)