Bridging the Fox Cities



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(1) Definition of Swimming Pool: 

A swimming pool is any structure, basin chamber or tank containing or capable of containing an artificial body of water intended for use by the owner or owners for swimming, diving or recreation bathing having a depth of two (2) feet or more at any point.


(2)   Pool Location Requirements:


(a) In-ground Private Residential Swimming Pools:


            (1) The inside edge of the wall of any in-ground private swimming pool shall not be closer than 7 feet to any side lot line or rear lot line. The accessory building structure or pool equipment shall not be closer than 7 feet to any side or rear lot line.


            (2) Swimming pools that are filled with water before permanent fence is installed must be protected by a temporary enclosure.  This in no case shall exceed 30 days from the time the pool is filled with water.


            (3) Permanent fencing shall be no less than 4 feet nor more than 6 feet high and shall have gates of equal height with latches designed to prevent the entrance of children under the age of 7 years.  That the gates shall be kept securely latched at all times whether the pool is or is not in use.


            (4) Pools completely enclosed by a structure with secure doors to prevent the entry of children under the age of 7 years shall not be required to meet the fencing requirements established hereunder.


(3)   Aboveground Private Residential Swimming Pools:     


(a)    No part of any aboveground private residential swimming pool, including platforms or railings, accessory building or pool equipment shall be closer than 7 feet to a side property line or rear property line.


(b)   No part of any aboveground private residential swimming pool, including platforms or railings, accessory       building or pool equipment shall be closer than 30 feet to a street property line or closer than the setback line of the main building structure, whichever is greater.


            (4) Protective Enclosure of Private Residential Swimming Pools:


Subject to the following exceptions all private residential swimming pools, both in-ground and aboveground types, shall be enclosed with an adequate and secure fence at least 4 feet high above adjoining grade to prevent straying into the pool area.  Fence requirements as set forth in the fence section shall apply.


(a)                Above-grade pools with walls that are at least 4 feet high at all points around said pool or that have platforms and railings that are 4 feet or more in height above grade are not required to provide enclosing fence.


(b)                Where an aboveground pool is permitted without being enclosed with a 4-foot high fence the ladders and/or stairways serving such pool shall be adequately secured to prevent entry into the pool at all times that the pool is not in use.


(5)                Permits Required:


(a)                A pool permit shall be applied for and obtained prior to the installation of any private residential swimming pool.


(b)                The application for permit shall be accompanied by a plot plan drawing of the premises upon which the proposed pool is to be installed.  The plot plan shall show the shape and size of the lot, the location and size of all buildings, structures and fences existing or proposed, any other information affecting the premises.  The plot plan shall be accurate and dimensioned.


(c)                Plumbing installations for the operation of a swimming pool are required to be done in compliance with the Wisconsin State Plumbing Code under a plumbing permit. Permits are issued by the Town of Menasha.


(d)                Electrical installations made for the operation of a swimming pool are required to be done in compliance with the National Electrical Code Article 680 under an electrical permit. Permits are issued by the Town of Menasha.


Existing pools at the time of the effective date of this ordinance shall be allowed a period of six (6) months to comply with the terms and conditions of this ordinance with regard to the installation of fencing or other protective devices enclosing or surrounding the pool.  Plumbing and electrical installations made at the time that the pool was constructed are required to continue to be in compliance with Wisconsin State Plumbing Code as adopted by the Town of Menasha and the National Electrical Code, Article 680, as adopted by the Town of Menasha.


(6)                Enforcement and Penalty:


(a)                Any person who violates any reason of this section of the code regulating swimming pools shall, upon due conviction thereof, forfeit not less than $25.00 nor more than $200.00 for each such offense together with costs of prosecution and in default of the payment such forfeiture and costs shall be imprisoned in the county jail until said forfeiture and cost of prosecution are paid but not to exceed 30 days.


(b)                In addition to the penalty specified above for violation of these regulations, the Town of Menasha by its Building Inspector, or other designated agent, shall have the following powers to check the health and safety of residents in the event of violations of this ordinance.  The Building Inspector, upon notice of a violation of this ordinance shall immediately, in writing, notify the person of such complaint and such violation and in writing direct them to make immediate corrections within fifteen (15) days of the date of his/her directive in writing.  That in the event the repairs, changes or corrections cannot be made within fifteen (15) days, the Building Inspector, or other agent, shall have authority to extend the time.  In the event the repairs are not made within the fifteen (15) day period or other extended period, as granted in writing, the Building Inspector or other designated agent shall have the authority to go upon the premises and secure the pool area or take whatever action is necessary, on a temporary basis, to prevent harm, injury or death to residents on the premises or frequenters thereto.  That all costs incurred under this section shall be billed to the owner of the said swimming pool where the necessary actions were taken and in the event they are not paid they shall be applied against the real estate as a special tax.


(a)                When the Building Inspector is of the opinion there is an immediate danger to the public or public health which would endanger life, he/she shall cause the necessary work to be done to render such swimming pool safe or the removal of such swimming pool when deemed necessary, whether or not legal procedure herein prescribed has been instituted.