Charter Township ofshelby Timothy Wood Building Director 52700 Van Dyke Shelby Township, MI 48316-3572 Phone: ( 586) 731-5969 Fax: ( 586) 803-2099 E- mail: building@shelbytwp. org OUTLINE PROCEDURES FOR PRIVATE RESIDENTIAL OUTDOOR SWIMMING POOL, HOT TUB OR SPA PERMIT PROCEDURE A building permit is required by the person or company installing the pool, hot tub or spa. Submit the information indicated below and allow approximately two weeks for plan review and processing. The permit applicant will be contacted when the permit is ready to be picked up. An application fee $ 25. 00 is required at the time the application is submitted. 1) Permit Application Complete all applicable sections of application. Missing information will cause delays. 2) Plot Plan ( 3 copies) Provide copies of a mortgage survey or scaled drawing that indicates the location of the pool, hot tub or spa. Also, indicate the locations of the safety enclosure i. e. fence), streets, easements, existing buildings, septic system, and property lines. Provide setback dimensions to all property lines, existing buildings, septic systems, wells, easements, decks, underground/ overhead wires, and streets. Existing and proposed grades at property lines, pool, and existing house must be provided on the plot plan for inground pools. See the attached example. 3) Construction Plans Provide detailed plans of the proposed pool, hot tub or spa( see attached swimming pool plan information sheet). Provide brochures if they are available. Note: Separate permits are required for any fence( if obtained by separate contractor), or deck, and proposed electrical, plumbing, or mechanical work in conjunction with the pool, hot tub or spa. 4) Soil Erosion Permit Contact Macomb County Soil Erosion 586-469- 5327 Required 5) Pool Alarm Affidavit The affidavit for door alarm( s) or alternative compliance shall be signed by the For doors w/access property owner and contractor and shall be submitted with application. to the pool area)
GENERAL REQUIREMENTS see the code for full text and additional requirements) A. Swimming pools, hot tubs and spas shall be located as follows: 1) A minimum of five( 5) feet from the principal residential structure pursuant to Section 4. 04 of the Township Zoning Ordinance. 2) Shall not encroach into any easement, including any structural supports. Further, the pool shall not rely on earth within the easement for support. 3) Shall be setback a minimum of five( 5) feet from any side or rear yard property line. 4) Shall not be located in a front yard or a side yard abutting a street. 5) Shall be setback a minimum of ten feet from any portion of a septic tank/ drain field. 6) Swimming pools, hot tubs and spas shall be a minimum of ten( 10) feet horizontally from any Secondary overhead electrical lines and a minimum of five( 5) feet horizontally from underground electrical lines. Please see National Electric Code for minimum distance to Primary power lines.*** B. Private swimming pools, spas and hot tubs shall be enclosed with a barrier( i.e. fence) that complies with the following: 1) The top of the barrier shall be at least 48 inches( 1219 mm) above finished ground level measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between finished ground level and the barrier shall be 2 inches( 51 mm) measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above finished ground level, such as an above-ground pool, the barrier shall be at finished ground level, such as the pool structure, or shall be mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the opening between the top surface of the pool frame and the bottom of the barrier shall not allow passage of a 4 inch diameter sphere. 2) Openings in the barrier shall not allow passage of a 4- inch( 102 mm) diameter sphere. 3) Solid barriers which do not have openings, such as a masonry or stone wall, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints. 4) Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches ( 1143 mm), the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1 3/ 4 inches( 44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1 3/4 inches( 44 mm) in width. 5) Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches( 1143 mm) or more, spacing between vertical members shall not exceed 4 inches( 102 mm). Decorative cutouts shall not exceed 1 3/ 4 inches( 44 mm) in width. 6) Maximum mesh size for chain link fences shall be a 1 ' A inch( 32 mm) square unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to not more than 1 3/4 inches( 44 mm). Page 2 of 5
7) Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall be not more than 1 3/ 4 inches( 44 mm). 8) Access gates shall comply with the requirements of items 1 through 7 of Section AG105. 2, and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outwards away from the pool and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches 1372 mm) from the bottom of the gate, the release mechanism and openings shall comply with the following: 8. 1 The release mechanism shall be located on the pool side of the gate at least 3 inch( 76 mm) below the top of the gate; and 8. 2 The gate and barrier shall not have an opening greater than '/ 2 inch ( 13 mm) within 18 inches 457 mm) of the release mechanism. 9) Where a wall of a dwelling serves as part of the barrier and contains a door that provides direct access to the pool, one of the following conditions shall be met: 9. 1 The pool shall be equipped with a power cover in compliance with ASTM F1346; or 9.2 All doors with direct access to the pool through that wall shall be equipped with an alarm which produces an audible warning when the door and its screen, if present, are opened. The alarm shall sound continuously for a minimum of 30 seconds immediately after the door is opened and be capable of being heard throughout the house during normal household activities. The alarm shall automatically reset under all conditions. The alarm shall be equipped with manual means, such as touchpads or switches, to deactivate temporarily the alarm for a single opening from either direction. Such deactivation shall last for not more than 15 seconds. The deactivation touchpads or switches shall be located at least 54 inches( 1372 mm) above the threshold of the door. 9. 3 Other means of protection, such as self-closing doors with self-latching devices, which are approved by the governing body, shall be acceptable so long as the degree of protection afforded is not less than the protection afforded by Item9. 1 or 9. 2 described above. 10) Where an above-ground pool structure is used as a barrier or where the barrier mounted on top of the pool structure, and the means of access is a fixed or removable ladder or steps, then: 10. 1 The ladder or steps shall be capable of being secured, locked or m\ removed to prevent access, or 10. 2 The ladder or steps shall be surrounded by a barrier which meets the requirement of Section AG 105. 2, Items 1 through 9. When the ladder or steps are secured, locked or removed, any AG105. 3 AG 105. 4 opening created shall not allow the passage of a 4-inch-diameter( 102 mm) sphere. Indoor Swimming pool. All walls surrounding an indoor swimming pool shall comply with Section AG 105. 2, Item 9. Prohibited locations. Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers. AG105. 5 Barrier exceptions. Spas or hot tubs with a safety cover, which complies with ASTM F 1346, as listed in Section AG107, shall be exempt from the provisions of this appendix. C. Where a fence is used as a barrier, the following additional requirements apply: 1) The entire yard, or the entire pool area, shall be completely enclosed by not less than a 4- foot high fence, measured vertically above the underlying grade as described in item B. above. All fences enclosing pools shall be permanently constructed and shall be so designed as to afford complete protection to small children e. g., not climbable). In addition, pool enclosing fences or barriers shall be constructed to safely withstand a Page 3 of 5
200- pound horizontal concentrated load on any one- square foot area. The entire pool enclosure shall be perpetually maintained in proper working order, as herein described. 2) A fence permit shall be secured prior to or simultaneously with a pool permit. The fence shall be installed in accordance with the Township Fence Ordinance. D. The minimum water depth and distance for diving hopper for pools, based upon diving board height above water shall comply with ANSI/NSPI Standards. The last must be verified on final inspection. E. Any proposed electrical, plumbing and/or heating shall require the issuance of the appropriate permit, prior to undertaking any such activity. F. All swimming pools shall be provided with a recirculating skimming device or overflow gutters to remove scum and foreign matter from the surface of the water( See ANSI/ NSPI Standards). G. Swimming pools shall be designed and installed so that there is a pool water turnover at least once every 18 hours ( ANSI/NSPI- 4& 5). H. At least one means of egress ( i.e. steps or ladder) shall be provided from private pools. Treads of steps and ladders shall have slip- resistant surfaces. Where steps are used, the treads and risers shall conform to the following: 1. Step treads shall have a minimum unobstructed horizontal depth of 10 inches and a minimum unobstructed surface area of 240 square inches. 2. Risers shall have a maximum uniform height of 12 inches as measured at the centerline of the tread. SPECIAL NOTICE REGARDING DEED RESTRICTIONS AND EASEMENTS Please be advised that construction activities that are permitted by the Building Department may be further regulated by Subdivision Restrictions or Easement Agreements applicable to the subject property. In some cases, activities permitted by the Building Department may be prohibited by subdivision restrictions or easement agreements. You are strongly advised to check that all current and future lot improvements are in conformance with any applicable subdivision restrictions and easement agreements. Further, you should obtain approval of the subdivision association ( if applicable) prior to construction. The laws pertaining thereto generally make the property owner, or agent, responsible for such, and failure to conform may subject you to prosecution. The installation of doors and other points of ingress and egress in proximity to easements are done at the property owner's risk. No present or future construction and/or lot improvements of any kind shall be permitted within an easement. To obtain information on recorded subdivision restrictions and easements, the Macomb County Register of Deeds provides the most complete property records and can be reached at ( 586) 469-5120. In many cases, the Township Clerk' s office has copies of restrictions that may apply. Page 4 of 5
The permit holder is responsible to secure the appropriate approvals for placement of a fence in an easement area and compliance with all applicable subdivision restrictions. The authorization of a permit by the Building Department shall not be construed as authority to violate any easement or subdivision restrictions. INSPECTIONS 1) Steel inspection, if applicable 2) Rough Electrical, Plumbing and Mechanical( if applicable) 3) Final Electrical, Plumbing and Mechanical ( if applicable) 4) Final Building (both for pool and fence) PLEASE NOTE*** THE ENCLOSURE AND/ OR FENCE APPLICATION MUST BE SUBMITTED PRIOR TO THE RELEASE OF PERMIT. DO NOT PLACE WATER IN THE POOL, HOT TUB OR SPA UNTIL THE ENTIRE POOL ENCLOSURE SYSTEM HAS BEEN INSTALLED, INSPECTED ANDAPPROVED FOR USE BY THE BUILDING DEPARTMENT. APPLICATIONS NOT ACTIVATED WITHIN( 30) THIRTY DAYS WILL BE VOIDED. PERMITS NOT ACTIVATED WITHIN 60 DAYS WILL BE VOIDED. PERMITS OR FEES ARE NOT TRANSFERABLE OR REFUNDABLE. Rsvd 04/ 13 Page 5 of 5
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Charter Township ofshelby Timothy Wood Building Director Phone: ( 586) 731-5969 52700 Van Dyke Fax: ( 586) 803-2099 Shelby Township, MI 48316-3572 E-mail: building @shelbytwp.org OUTLINE PROCEDURES FOR ERECTING A RESIDENTIAL FENCE PERMIT PROCEDURE A fence permit shall be obtained by the person or company building the fence. Submit the information indicated below and allow approximately two weeks for plan review and processing. The permit applicant will be contacted when the permit is ready to be picked up. An application fee of$ 25.00 is required at the time the application is submitted. 1) Permit Complete all applicable sections of application. Missing application information will cause delays. 2) Plot Plan Provide a copy of mortgage survey or scaled drawing indicating 3 copies) Legal description, all adjoining roads, location of buildings on this and adjacent properties. Any and all easements Description of fence( Complete detail) REQUIREMENTS, (See the Charter Township of Shelby Fence Ordinance for full text and additional requirements) Sec. 10-317. Denial of responsibility of township. The Charter Township of Shelby shall not be responsible for the enforcement of any agreement relative to mutual or separate payment for the cost of construction of fences, nor shall the township be responsible for the determination of the location of any fence to be erected, built or constructed. In addition, the Charter Township of Shelby shall not be responsible for the enforcement of any deed or covenant restrictions. Sec. 10-320. Encroachment. All fences shall be erected so that no part of the fence shall encroach upon an adjacent lot. The lot owner and/ or permit holder who is erecting the fence ( or having it erected) shall be responsible for determining the location of lot lines.
The Building Director may require the owner of the lot erecting, building or constructing a fence to obtain a survey of the lot for the purposes of verifying compliance with this ordinance. The survey shall be conducted by a surveyor, architect or engineer registered with the State of Michigan. Sec. 10-321. Maintenance and repair. Owners of property that have a fence erected thereon shall be responsible for the care, upkeep and maintenance of the fence. If a previously constructed fence is located upon a lot line, each successive owner of the fence shall be responsible for its care, upkeep and maintenance. If ownership of the fence located upon a lot line is joint and cannot be determined, then each party owning property adjacent to the fence shall be responsible for the care, upkeep and maintenance of the fence facing his lot. For the purposes of this paragraph, the owner of a fence shall be deemed to be any person, persons or their successors who purchase or otherwise acquire a lot with a fence erected thereon. Sec. 10-322. Fence Construction. a) All fences shall be of a decorative type. Such fences may be constructed of metal, masonry, decorative concrete, wrought iron, wood or other approved materials. Fences constructed of wood shall be of naturally durable or approved preservative treated lumber, as defined in the prevailing standards of the Michigan Building Code, as amended. b) Any fences and/ or enclosures for swimming pools shall comply with the prevailing standards of the Michigan Building Code, as amended. c) All fences shall be designed and installed in accordance with the prevailing standards of the Michigan Building Code. d) All supporting posts, cross members, supports and protruding bolts, screws and/ or hardware of fences shall be inside the lot and face toward the interior of the lot of the person who constructs, or causes to have constructed the fence unless written permission from the adjacent lot owner(s) abutting the proposed fence is filed with the Building Department on a document provided by the Township. All fences abutting a public street shall be erected with the supporting posts, crossmembers and protruding bolts, screws and/ or hardware facing the interior of the lot for which the permit is issued. Fence designs with centrally aligned supporting construction, that faces both the interior and exterior of the lot, may be approved, at the discretion of the Building Department. Sec. 10-323. Landscape treatments. Landscape treatments as defined herein shall be permitted provided that they do not exceed three 3) feet in height, thirty-two (32) feet in total length, sixteen ( 16) feet in one continuous direction, and are erected at least one foot from the right-of-way or lot line. Landscape treatment shall conform to the corner clearance requirements in the Charter Township of Shelby Zoning Ordinance, Section 3. 10. Except as otherwise amended, Section 3. 10 prohibits
obstructions on any corner site from the front lot line a distance of twenty-five (25) feet or to the building setback line if that distance is less than the twenty-five (25) feet. Sec. 10-324. Fence location. a) Interior lots: Fences may be erected within side and rear yards, and along the front building line, provided such fence is not less than three ( 3) feet nor more than six (6) feet above the grade level at any location. Fences shall not be located closer than three( 3) feet to any other parallel fence or parallel wall of a building. Fences are not permitted to extend into the front yard. b) Corner lots: Except as provided in this section, fences may be erected within side and rear yards, and along the front building line, provided such fence is not less than three ( 3) feet nor more than six ( 6) feet above the grade level at any location. Fences are not permitted to extend into the front yard or a required side yard abutting a street. Fences shall not be located closer than three 3) feet to any other parallel fence or parallel wall of a building. Where the rear yard of two corner lots are immediately adjacent, fences may be located in the yard space abutting a street a minimum of ten feet from the lot line. c) Through- lots: Except as provided in this section, fences may be erected within side and rear yards, and along the front building line abutting the street providing primary access to the lot, provided such fence is not less than three ( 3) nor more than six ( 6) feet above the grade level at any location. Whenever a through- lot abuts a landscaping treatment, as approved by the Township Board as part of the subdivision platting process, fences shall not be located in any landscape easement abutting the secondary street. d) Lakefront lots: As regulated by Section 4.06 of the Charter Township of Shelby Zoning Ordinance, sight-obscuring fences ( privacy screens) shall be confined to the building envelope for the principal dwelling unit, as determined by required side and rear yard setbacks. Sec. 10-325. Fences in multiple family residential and non- residential zoning districts. Site plan approval shall be secured from the Planning Commission prior to the issuance of a permit or erection of any fence within a multiple family residential and non-residential zoning district. Fences in such districts shall comply with the Zoning Ordinance and the fence ordinance. Sec. 10-326. Barbed wire fences. Except as otherwise permitted by Section 3. 14 of the Charter Township of Shelby Zoning Ordinance, it shall be unlawful for any person, firm, corporation or other entity to erect, build or construct, or cause to be erected, built or constructed a barbed wire fence partially or wholly around any lot, property, street, alley, lane, or public highway or in front of any public place or space. Fences with sharp or pointed tops, affixed spikes, projecting nails or other instruments of any kind or description, which may cause injury, are prohibited.
Sec. 10-327. Electrical fences. It shall be unlawful for any person, firm or corporation to erect, build, construct or maintain any fence charged or connected with an electrical current in such a manner as to transmit such current to persons, animals or things which may come in contact with such charged fence. SPECIAL NOTICE REGARDING DEED RESTRICTIONS AND EASEMENTS Please be advised that construction activities that are permitted by the Building Department may be further regulated by Subdivision Restrictions or Easement Agreements applicable to the subject property. In some cases, activities permitted by the Building Department may be prohibited by subdivision restrictions or easement agreements. You are strongly advised to check that all current and future lot improvements are in conformance with any applicable subdivision restrictions and easement agreements. Further, you should obtain approval of the subdivision association ( if applicable) prior to construction. The laws pertaining thereto generally make the property owner, or agent, responsible for such, and failure to conform may subject you to prosecution. The installation of doors and other points of ingress and egress in proximity to easements are done at the property owner's risk. No present or future construction and/or lot improvements of any kind shall be permitted within an easement. To obtain information on recorded subdivision restrictions and easements, the Macomb County Register of Deeds provides the most complete property records and can be reached at (586) 469-5120. In many cases, the Township Clerk's office has copies of restrictions that may apply. The permit holder is responsible to secure the appropriate approvals for placement of a fence in an easement area and compliance with all applicable subdivision restrictions. The authorization of a permit by the Building Department shall not be construed as authority to violate any easement or subdivision restrictions. INSPECTIONS Final inspection PLEASE NOTE*** PERMITS OR FEES ARE NOT TRANSFERABLE OR REFUNDABLE. Rvsd 06/ 11
Shelby Township Building Department 52700 Van Dyke, Shelby Township, MI 48316 Phone: ( 586) 731-5969 Fax: (586) 803-2099 Revised 12/ 16/03 Fence-Permit Application Authority: Ch. 10, Art. VIII., Code of Ord. Completion: Penalty: Mandatory to obtain permit Permit cannot be issued I. FENCE LOCATION Street Address Has a building permit been obtained for other work in conjunction with this project? 0 Yes No Not required Name of Owner/Agent Lot# Subdivision II. APPLICANT INFORMATION Prop. Owner Name Contractor Home/ Business Phone Cell Phone Facsimile E- mail Address City State Zip Code III. PROJECT DATA Use Single Family 0 Multi- family Commercial Industrial Other Length of Fence( feet) Estimated Cost of Fence Description of Work( e.g. construct six foot high wood privacy fence around rear yard area) Type Material Type of Lot( check all that are Chain link Metal applicable) Split rail Wood ( naturally durable or Interior lot pressure treated) Corner lot Privacy Through lot Picket Masonry Aluminum rail/ picket Concrete Lakefront lot( see Section Other Vinyl 4. 06 of the Zoning Ordinance) Other Condition Will the fence enclose a swimming Indicate fence height: New Replacement Repair pool or spa? Yes No Fences shall not be located closer than three feet to any other parallel fence or parallel wall of a building. Will the proposed fence comply? Yes No Supporting construction shall face the interior of the lot and the finished side shall face away from the lot( unless written permission is provided by the abutting property owner on a" Fence Agreement" form). Will the proposed fence comply? Yes No feet COMPLETE REMAINING SECTIONS ON BACK SIDE OF APPLICATION
IV. APPLICANT SIGNATURE I hereby certify that the proposed work is authorized by the owner of record and that I have been authorized by the owner to make this application as his/ her authorized agent, and we agree to conform to all applicable laws of the Charter Township of Shelby. All information submitted on this application is accurate to the best of my knowledge. Signature of Contractor or Property Owner Date Driver's License# Date of birth VI. NOTICE TO APPLICANT No work shall proceed until a fence permit is issued. Attach three copies of a plot plan indicating the proposed location of the fence, gates, adjoining roads, buildings and easements. FOR BUILDING DEPARTMENT USE O Approved Permit Fee Total $ O Conditions Bond O Denied/ Reason: Plan Reviewer Property# Date Permit#
POOL ALARM AFFIDAVIT complete if pool enclosure contains doors with direct access to pool area ) Name of Permit Appllicant: Owner's Name ( if different from applicant): Project Address: I ( we) hereby understand that as part of the installation of a swimming pool at the above address, all doors with direct access to the pool shall be equipped with an approved alarm or an alternative method of compliance, as allowed by the Building Code. I ( we) agree to comply with Section AG 105 of the MRC 2003 Building Code as follows: 1) Where a wall of a dwelling serves as part of the barrier and contains a door that provides direct access to the pool, one of the following conditions shall be met: 9. 1 The pool shall be equipped with a power cover in compliance with ASTM F1346; or 9. 2 All doors with direct access to the pool through that wall shall be equipped with an alarm which produces an audible warning when the door and its screen, if present, are opened. The alarm shall sound continuously for a minimum of 30 seconds immediately after the door is opened and be capable of being heard throughout the house during normal household activities. The alarm shall automatically reset under all conditions. The alarm shall be equipped with manual means, such as touchpads or switches, to deactivate temporarily the alarm for a single opening from either direction. Such deactivation shall last for not more than 15 seconds. The deactivation touchpads or switches shall be located at least 54 inches ( 1372 mm) above the threshold of the door. 9. 3 Other means of protection, such as self-closing doors with self-latching devices, which are approved by the governing body, shall be acceptable so long as the degree of protection afforded is not less than the protection afforded by Item9. 1 or 9. 2 described above. 2) The pool shall not be used until the pool and enclosure are approved by the Shelby Township Building Department. Signature of permit applicant Date Signature of owner (if different from applicant) Date 05/ 06 ca
Portable Spa Safety Cover Request Name of Permit Applicant: Owner' s Name(if different from applicant): Project Address: I (we) hereby request approval to use a safety cover on a portable spa to be installed at the above captioned address. This request is made pursuant to Section 421. 10. 4 of the State of Michigan Building Code( 1996 BOCA w/state amendments). I (we) base our request on the following: 1) The cover is in compliance with ASTM standards as stated in Section 9. 1. 1 of ASTM 1346-91. Proof of compliance has been provided with the plans and documents submitted with the permit application. 2) The spa will not be filled with water until approved by the Shelby Township Building Department. 3) The property owner(s) of record hereby agree to maintain the portable spa, or tub, closed, and inaccessible, through the use of the approved safety cover, at all times, except when occupied. 4) The current property owners of record hereby agree to provide complete notice of all of the terms and conditions, stated in this application, to all subsequent owners of the subject property. Signature of permit applicant Date Signature of owner( if different from applicant) Date