General Bylaw Article 3-3

Residential Swimming Pools

Sec. 1A.

A "swimming pool" shall be defined as a body of water contained in an artificial or semi-artificial receptacle whether in or above the ground, or created by artificial means from a natural course. Portable pools incapable of containing a depth of water exceeding twenty-four inches at any point are excluded from this By-Law.

Sec. 1B.

A “residential swimming pool" shall be defined as a pool used or intended to be used solely by the owner or tenant and/or family and by friends invited to use it without the payment of fee.

Sec. 2A.

Every outdoor residential swimming pool shall be completely surrounded at all times, whether or not filled with water, by a fence or wall not less than five feet in height. Each such fence or wall shall be constructed as not to have openings, holes or gaps larger than four inches in any dimension except for doors or gates and except for picket fences in which. case, however, the gaps between pickets shall not exceed four inches. A building may be used as part of such enclosure.

Sec. 2B.

All gates or doors opening through such enclosure shall be of not less than the same height as the fence or wall and shall be equipped with a self-closing and self-latching device located not less than four feet above the ground on the fence or wall for keeping the gate or door securely closed at all times when not in actual use. Doors of any dwelling which form a part of the enclosure need not be so equipped. Each such gate or door shall be latched at all times when the swimming pool enclosure is not in use.

Sec. 2C. - Inground Pool Demolition Regulations

Under the authority of MGL c. 111, s. 122, and Section 3-3 of the Hanson General Bylaws, the following requirements must be observed by individual person or corporations providing services to demolish in-ground swimming pools.

1.  Prior to demolition of an in-ground pool, a demolition permit must be obtained from the Hanson Building Department.

     The Owner of the property where the pool is situated must provide a site plan and information for a contractor to perform the demolition work to the Hanson Building Department, or schedule a meeting with them.  Once approved by the Building Inspector, the contractor may proceed with the demolition process.  If plans for demolition are not approved by the Hanson Building Department, the applicant may appeal the decision to the Hanson Zoning Board of Appeals in accordance with MGL c.40A s.13 and the Hanson Zoning Bylaw Section VIII(A)(8) prior to demolition of the pool.

2.  The pool must be drained to an approved location and all pool construction materials including concrete or Gunite, fiberglass, liner, re-bar, and related pool construction elements must be removed from the site to a State approved construction waste facility.  No drained pool water shall be directed to any wetland resource area or water body (i.e. pond, brook, river, stream).

3.  The area where the pool was sited must then be filled with clean fill, (i.e. uncontaminated soil), which then should be compacted in order to prevent future settlement.  No clay, silty clay or organic soils may be used, except for up to 12 inches of topsoil for grass planting at the top of the excavation.  No debris, vegetation, or waste materials may be buried with the required clean soil fill.

4.  Prior to filling of the pool area, an inspector from the Hanson Building Department or their designee must be notified to ensure that the proper provision of non-engineered backfill/clean fill prior to deposision in the hole and compaction of the filled area.

5.  Documentation of the as built conditions of the site post-construction, prepared by a Massachusetts Registered Professional Engineer must be submitted to the Hanson Building Department and approved for building records.

6.  The applicant must contact Dig-Safe 72 hours prior to performing any excavation work and will protect the open hole at all times during the construction process.  The location of the septic system and any site utilities shall be determined prior to the commencement of work and shown on the submitted site plan.  The hole where the pool was situated cannot be left unattended for any reason.  The applicant shall review all Massachusetts trench safety laws and requirements prior to the removal of any fencing protecting the existing pool or excavation work.

7.  Failure to comply with these regulations may result in fines against the individual or contractor based on the Town of Hanson General Bylaw Article 3-3, Sec. 2C.                       (5/2023)

Sec. 3.

Whoever violates the provisions of any of the preceding sections shall be subject to a fine not exceeding $50.00 for each offense.

Mass. Building Code pertaining to Swimming Pools