New Legislation

§123-38. Swimming Pools.

A. Effective October 1, 2008, January 1, 2009 any new heated swimming pool and/or any replacement of pool heating equipment shall require a building permit and be in accordance with the requirements contained herein:

1.       Heated swimming pools shall be heated with a solar heating system. A fossil fuel or electric heater is permitted as a back-up. If a back-up fossil fuel or electric heater is desired, the solar heating system shall be sized to maintain water temperature of at least 80°F between the months of May and September, and the fossil fuel or electric heater shall be properly sized to maintain water temperature no greater than 86 degrees have fuel efficiencies of at least: 82% for gas units, 83% for oil units, and heat pumps with Coefficient of Performance (hereinafter COP) Index of at least 5.0. An existing primary fossil fuel or electric heater may be replaced to become a back-up as referenced above as long as a solar heating system as referenced above is installed within 60 days of replacement of the fossil fuel or electric heater.

2.       If a parcel does not appear conducive to the installation of a solar heating system, the property owner may request, in writing, a waiver from the Chief Building Inspector from the requirements of this section. Upon receipt of the written request, the Chief Building Inspector shall determine whether the site is conducive to the installation of a solar pool heating system. In determining the conduciveness of a property for a solar pool heating system, the Chief Building Inspector shall consider the following factors: the size of the lot, the topography of the lot, the existence and extent of clearing restrictions on the property, the proximity of trees and shade around the pool area, lot coverage restrictions on the property and such other and further factors or conditions that exist at the property relevant to the conduciveness of utilizing solar heating for the pool. If the Chief Building Inspector determines that a solar heating system is not conducive on the parcel, the property owner shall provide a practicable plan for alternative methods of energy conservation conducive for the location, or make a showing that there are no practicable energy conservation systems conducive to the location. Upon receipt of the property owner’s plan, the Chief Building inspector shall grant a waiver, in writing, from the requirements of this section conditioned upon the implementation of the alternative methods proposed by the owner or such other practicable conditions as required by the Chief Building Inspector.

3.       Notwithstanding anything to the contrary in paragraph 1 of this section, properties less than 20,001 square feet in size that have a Certificate of Occupancy for a swimming pool and have installed a pool heating system prior to October 1, 2008, shall not be required to replace their pool heating system with a solar pool heating system so long as the replacement heating system has fuel efficiencies of at least: 82% for gas units, 83% for oil units, and heat pumps with Coefficient of Performance (hereinafter COP) Index of at least 5.0. The Chief Building Inspector shall waive all building, plumbing and electrical permit fees related only to the replacement of a pool heating system on a parcel less than 20,001 square feet in size which installs a solar pool heating system.

4.       Any new or existing heated swimming pool that uses a fossil fuel or electric heater back-up shall be covered with a solar cover from the time that the pool is opened for the year until the time that the pool is closed for the year when not in use.

5.       A time clock shall be installed so that the pump can be set to run in the offpeak electric demand period and can be set for the minimum time necessary to maintain the water in a clear and sanitary condition in keeping with applicable health standards.

6.       Pool filtering systems having a total pump power of two horsepower or more shall be equipped with variable speed pumps.

7.       The provisions of this section shall not apply to indoor pools nor to hot tubs and spas that have separate and distinct filtration and heating systems not connected to a swimming pool.