12 SURREY ROAD - BUILDING INSPECTION
CITY OF SALEM, MASSACHUSETTS
BUILDING DEPAR'T'MENT
s9e M 120 WASHINGTON STREET,3RD FLOOR
° TEL: 978-745-9595
FAx: 978-740-9846
KIMBERLEY DRISCOLL
MAYOR
THOMAS STYIERRE
DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMISSIONER
April 12, 2012
Anthony Carnevale, Jr.
12 Surrey Road
Salem, Massachusetts 01970
RE: 12 Surrey Road -
Mr. Carnevale, Jr.,
Our office received a complaint regarding your property located at 12 Surrey Road. The complaint was
investigated on Tuesday, April 10, 2012 and your property was found to be in violation of the City of Salem
Zoning Ordinance, (see below and attached)
Pools are also required to be enclosed by a fence at least 48"high with a self-latching gate at least 36"
wide. Rail fences are not sufficient to meet this requirement. Salem City Ordinance requires the fence
even if the above ground pool has a barrier mounted on the top of the pool.
The aforementioned non-compliance, missing fencing panels disrupting required fence
enclosure, is in conflict with City of Salem zoning ordinances. You are directed by this letter to
contact this office immediately upon receipt of this letter.
Failure to rectify the situation immediately shall result in Municipal Code tickets and further
enforcement actions.
Thank you in advance for your anticipated cooperation. If you have any question please feel free
to contact this office. /
Sincerely,
Michael E. Lutrzykowski
Assistant Building Inspector
Cc: file,Jason Silva.
J
„! CTTY OF SAL.EAI
PUBLIC; PROPERTY
DEPARTMENT
Kiauaaa.i,:r UHISCOH.
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Swimming pools, Spas & Hot Tubs r
Frequently Asked Questions
Definitions:
Pool any structure intended for swimming or bathing
containing water 24"deep or more
Spas & are considered pools if water is 24"deep or more
Hot Tubs
Can I put a pool in my yard?
Pools are allowed in side and rear yards if located at least T from
Side and rear lot lines.
Do I need a permit?
Yes; a permit is required from the Building Department and when the
the permit is issued, a licensed electrician must obtain a permit
from the city Electrical Department if there is any electrical work.
What information do I need to file a permit?
A certified plot plan drawn at 1”=30' scale or larger showing
the pool, the house, fencing and gate dimensions showing distances from
the property lines. For above ground pools, a mortgage plot plan
will suffice.
Wh`at:eelse is.required?
Pools are required'to"be enclosed by a fence ai'least 48" high-With a self-
latching gate at least 36" wide. Rail fences are not sufficient to meet,thip
requiremenL-.Salem City ordinance require the fence evewif the abo
ground-pool_has a barrier-mounted on the top.of the pool.-
For
ool.For more information
Refer to Massachusetts Building Code appendix M. See link on our
Department website
1
1
780 CMR: S"G4"rE BOARD OP BUII.DING RI'GULA"TIONS AND Sl',\NDARDS y
APPENDICES
780 C.NIR 120 11
5�1`I�I�tING POOLS, SPAS AND 110T TUBS
780 CNIR 12101101 GENERAL SWIMMING POOL, OUTDOOR, Anv
120A1101.1 General. l'he provisions of'80 CNIR iwintning pool which is nor an indoor pool.
l'0.bl ihall control the design ,rad construction of
swimming pools. :pas and trot tubs. 7MI CNIR 120.J1103 SVVI�AIDILNG POOIS
:Vote 1: Public and semi-public outdoor in- 120.\1103.1 In-ground Pools. in-ground pools
lrmrndswinrntingpaolenclosure.rshallconform shall he designed and constructed in conformance
to the requirements of.N.G.L.r. 140, ,¢106. with:\NSUNSPI-5 aslistcd in 780CMR 120.\-1107.
\'ore 2: Also see 511 C.111?19.00: Recreational
Facilities. 120.M103.2 Above-ground and On-ground
Pools. Above-ground and on-ground pools shall be
Vote3: also see 105 C'a1R JJ(1.000 mrdJ;iS.l100 designed and constructed in conformance with
as such regulates swinumingpool requirements. ;1NSUNSP4-1 as listed in 730 CNIR 120.61107.
;Vote 4: Installation of electrical wiring and
electrical devices shall be in accordance with 780 CMR 120.M 104 SPAS AND HOT TUBS
517 CMR 12.00:Massachusetts Electrical Corte.
120.;M104.1 Permanently Installed Spas and Hot
,Vote 5. Installation of gas-fired pool heaters Tubs. Permanently installed spas and hot tubs shall
shall be in accordance with 1.48 CMR (rhe be designed and constructed in conformance with
Massachusetts Fuel Gas and Phuunbing Code). ANSUNSPI-3 as listed in 780 CMR 120.M 107.
7811 CMR 120A9102 DEFINITIONS 120.MI04.2 Portable Spas and Hot Pubs.
120.M102.1 General.For the purposes of 780 CMR Portable spas and hot tubs shall be designed and
120.M, the terns used shall be defined as follows constructed in conformance with ANSUNSPI-6 as
and as set forth in 780 CMR 52.00. listed in 780 CMR 120.M 107.
ABOVE-GROUND/ON-GROUND POOL. See 780 CNIR 120AU05 BARRIER
"Swimming Pool." REQUIREWNTS
BARRIER. A fence, wall, building wall or 120.M105.1 Application. The provisions of
combination there-of which completely surrounds 780 CMR 120.M shall control the design of barriers
the swimming pool and obstructs access to the for residential swimming pools, spas and hot tubs.
swimming pool. 'rhese design controls are intended to provide
HOT TUB. See"Swimming Pool." protection against potential drowning and
near-drowning by restricting access to swimnung
IN-GROUND POOL. See"Swimming Pool." pools,spas and hot tubs.
RESIDENTIAL. That which is situated on the 120,M105.20utdoorSwimmingl'ool. Anoutdoor
premises of a detached one-or two-family dwelling swimming pool, including an in-ground,
or a one-family town-house not more than three aboveground or on-ground pool,hot tub or spa shall
stories in height. be provided with a barrier which shall comply with
SPA,NONPORTABLE. See "Swimming Pool." the following:
1. The top of the barrier shall be at least 48
SPA, PORTABLE. A nonpermanent structure inches (1219 arm) above grade measured on the
Intended for recreational batting, in which all side of the barrier which faces away from the
controls, water-heating and water-circulating swimming pool. The maximum Verticalcicarnce
equipment are an integral part of the product. between grade and the bottom of the harrier shall
SWIMMiNG POOL. Any structure intended for be two inches (51 mm) measured on the side of
swimming or recreational bathing that contains the barrier which faces away from the swimming
water over 24 inches(610 nun)deep. This includes pool. Where the top of the pool structure is above
in-ground,aboveground and on-ground swimming grade, such as an aboveground pool, the barrier
pools,loot tuba and spas. may be It ground level,such as the pool structure,
or nwunted on top of the pool structure. Where
SWLYIMLNG POOL, INDOOR. A swimming the harrier is mounted on topof the pool structure,
pool which is totally contained within a suvcture and the nta.xinnm vertical clearance between the top
surrounded on all four sides by walls of .said of the pool structure and the bottom of the barrier
structureshall be four inches(102 nam).
12/28/07 (Effective I/I/08) 780 CMR-Seventh Edition 1025
r
780 CMR: S'rATE BOARD OI'BUILDING REGIJLA"I'(ONS AND ST:AND:AltDS
'r1IE MASSACIIUSE"ITS STATE BUILDING CODE
2. Openings ill[lie barrier shall not.dlow passage opened. The alann Shall sound amtinauush
01'a four-"inch-diameter(102 rent)sphere. Ibr a mininmm of;0 seconds immedialely after
3. Solid barriers u$ieh Ju not have openings, the door is Opened aad be capable of being
.Solicit as a masonry or stone wall,shall not contain heard throughout the !rouse during normal
indentation; or protrusions except for nurmal 11)m5C-1101d activities. The alum shall
construction tolervuesmd)oiled masunryjuints. :nrtmmttical!v reset under all cunditiuns. "rhe
4. Where the barrier is composed of hurizunnd alarm sa•stem shall be equipped with a manual
and vertical members and ;he distance between means, such as antchpad or switch, to
the tops of the horizontal members is less than 45 tempurarily deactivate the alarm for a single
inches(1143 mull), the horizon:al members shall opening. Such Jcacn%luion shall last for nut
he IOc.IICJ on the svintming pool side of the pure than IS seconds. The deactivmion
fence Spacing between vertical members shall ;witch(es) shall be located w least 54 inches
not exceed 1.75 inches(44 ran)in width. Where 11372 nun)abuse the threshold Of the dour;or
there are decorative cutouts within cer!cal 9.3. Other means of protection, such as
memhers, spacing within the cutouts shall not 'elf-closing donors with sell'-latching devices,
exceed 1.75 inches(44 mm) in width. which are approved by the governing body,
5. Where the barrier is composed of horizontal shall be acceptable so lung as the degree of
and vertical members and the distance between protection afforded is not less than the
file tops Of the horizontal members is 45 inches protection affordedby780CMR 120.NI105.2.,
(1143 mm) or inure, spacing between vertical Item 9.1 or 9.2.
members shall not exceed four inches(102 nun). 10. Where an aboveground pool structure is used
Where there are decorative cutouts within vertical as a barrier or where the barrier is mounted on top
members, spacing within the cutouts shall not of the Poul structure,and the means of access is a
exceed 1.75 inches(44 nm)in width. ladder or steps,then:
6. Maximum mesh size for chain link fences 10.1. The ladder or steps shall be capable of
shall be a 2.25-inch (57 rum) square unless the being secured, locked or removed to prevent
fence is provided with slats fastened at the top or access,or
the bottom which reduce the openings to not more 10.2. The ladder or steps shall be surrounded
than 1.75 inches(44 min). by a barrier which meets the requirements of
7. Where the barrieris composed of dimensional 780 CMR 120.MI05.2., Items 1 through 9,
members, such as a lattice fence, the maximum When the ladder or steps aresecured,lockedor
opening formed by the dimensional members shall removed, any opening created shall not allow
not be more than 1.75 inches(44 min). the pass 120.Me of a four-inch-diameter(102
8. Access gates shall comply with the mm)sphere.
requirements of 780 CMR 120.M 105.2, items l
through 7,and shall he equipped to accommodate Note that jar private,above ground pools:
1.
a locking device. Pedestrian access gates .shall Thep°°( r°°1( °f an outdoor, ahove-
open outward.away from the pool and shall be ground pool(with poo(walls extending at
self-closing and have a self-latching device. least ti inches above grader all paints
titherlong the prof), su around
the
woo awince or
Gates other than pedestrian access gates shall other barrier nronrtd rhe poo( with the
have a self-latching device. Where the release exception of the ladder area of the poot
mechanism of the self-latching device is located 1. A retractable, lockable ladder, that
less than 54 inches(1372 non)from the bottom of cannotberemoved(without toolsorspecial
the gate, the release mechanism and Openings knowledge available to a ,small child),
shall comply with the following: which retracts, by hinge or .sliding
8.1. The release mechanism shall be located mechanism,to 43inche.s ormoreabarethe
on the pool side of the gate at least three inches finished grade level and has provision fir
(76 nun)helow the top of the gate, and securing in the retracted made with a
8.2. The gate and barrier shall have nn locking device, shall be considered an
opening greater than 0.5 inch(12,7 nnn)within acceptable alternative to the applicable
13 inches(457 mm)of the release mechanism. required enclosure (fence or other gate
9. Where a wall of a dwelling serves as part of barrier) of the 780 CCR 421 (6'" Edition
the barrier One of the following conditions shall /ludding Corle), ar 780 CUR 120.37 (r
be mel: Edition Ruihling Code for One.and Two-
9.1. The poot shall be equipped with a Family Dwelling,).
powered safety cover in compliance with 3. The retrrictab/e ladder locking/release `
ASTNI F1346:nr device nowt be located rn least 54 inches
9 2 All lours with direct access to the pool above rhefrnishedgrade level in immediate
through that wall shall be equipped .vilb an vicinity of the retractable ladder or inch
alarm which produces an audible warning Innking/releasemechantismshaUbelacated
when the door and its screen, if present, are on the pail side of the ladder (forcing
1026 780 CMR -Seventh Edition 12/28/07 (Effective I/I/08)
'SO CNIR: STATE BOARD OF BUILDING REGIJLATfONS AND STANDARDS ,
APPENDICES
"reach around")and located at least three 1211,11116.4 Dual Drain Separation. Single or
y�
inches below the rop of the ladder and the multiple pump circulation systems shall he provided
ladder shall not have an opening greater with a minimum of two suction outlets of the
than 4i inch within IS inches of the approved type. A minimum horizontal or vertical
locking/releaye mechunisrn. distance of three feet shall separate such outlets.
Exception:Puhlicandyenhi-pnhlicootdonr These suction outlets shall he piped so that water is
in-gruundy wimwingpool enclosures shall drawn through them sinmltancuusly through a
conform to the requirements of.11.G.1- r, vacuum relief-protected line to the PUMP or puutps.
140, §206. 120.\1106.5 Pool Cleaner Fittings. Where
120.Ni105.3 Indoor Swimming Pool. All walls provided,vacuum or pressure cleaner titting(s)shall
surrounding an indoor swiauning pouf shall comply be located in ;m accessible position(s) at least six
with 7SO CNIR I20.M 105,2, Item 9- inches and nut greater than twelve inches heluw dtc
minimum ul`cl'anonal water Icvel or as an
120.1%1105.4 Prohibited Locations. Barriers shall attachment to the skinuner(s).
be located so as to prohibit permanent structures,
equipment or sinular objects from being used to 7130 CINIR 120 II07ABBREVIAIIONS
climb the barriers.
1211.1107.1 General.
120.1105.5 Barrier Exceptions. Spas or hot tubs ANSI—American National Standards Institute
with a safety cover which complies with ASTM F I I West 42nd Street,New York,NY 10036
1346, as listed in 780 CMR 120.M107, shall be ASTM—American Society for Testing and -
exempt from the provisions of 780 CMR 120.M. Materials
780 CNIR 120.Y1106 FaYl1tAPN1ElV'I' 1916 Race Street, Philadelphia,PA 19103
PRUM:110N FOR M MNRNG POOL NS National Spa and Pu Institute
2I11l 1 l Eisenhower Avenue, Alexandria, VA
AND SPA SUMION OUTLETS 22314
121) 1106.1 General. Suction outlets shall be -
designed to produce circulation throughout the pool 780 CNIR 120.M108 STANDARDS
or spa. Single outlet systems, such as automatic 120,M108.1 General.
vacuum cleaner systems, or other such multiple ANSUNSPI
suction outlets whether isolated by valves or
otherwise shall be protected against user entrapment. ANalledR silent Standard for Permanently
Installed Residential Spas AG104.1
Note: Also refer to 105 CMR 430.000 and ANSI/NSPI-4-99 Standard for Above-ground/
435.000. On-ground Residential Swimming Pools AG 103.2
120.MI06.2 Suction Fittings. All Pool and Spa ANSVNSPI-5-99 Standard for Residential In-
suction outlets shall be provided with a cover that ground Swimming Pools AG103.1
conforms with ANSI/ASME A112.19.8M,or a 121 ANSUNSPI-6-99 Standard for Residential
121 drain grate or larger, or an approved channel Portable Spas AG 104.2
drain system. ANSI/ASME A 112.19.8M-1987 Suction Fittings
Exception: Surface skimmers for Use inSwinuningPools, Wading Pools,Spas,
Hot Tubs and Whirlpool Bathing Appliances
120.1106.3 Atmospheric Vacuum Relief System AG 106.2
Required. All pool undspasingle ormultiple outlet ASTM
circulation systems shall be equipped with ASTM F 1346-91 (1996) Performance
atmospheric vacuum relief should grate covers Specification for Safety Covers and Labeling
located therein become missing or broken. Such Requirements for All Covers fur Swimming
vacuum relief systems shall include at least one Pauls, Spas and Hot Tubs AO 105.2,AG 105.5
approved or engineered method of the type specified ;151E
herein, as (allows: ASME A 1 12.19.17 Manufacturers Safety Vacuum
I. Safety vacuum release system conforming to Release Systems (SVRS) for Residential and
ASNIE A 112.19.17,or Commercial Swimming Poul, Spa, Hot Tuh and
2. An approved gravity drainage system. Wading Pool AG 106.3
12/28/07 (Effective I/I/08) 780 CNIR -Seventh Edition 1027