Township of Swatara, PA
Dauphin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Swatara 2-8-1974 by Ord. No. 1974-6 (Ch. 23, Part 1, of the 1990 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Code enforcement — See Ch. 128.
Health and sanitation — See Ch. 169.
Subdivision and land development — See Ch. 253.
Zoning — See Ch. 295.

§ 257-1 Title.

This chapter shall be known and may be cited as the "Swatara Township Swimming Pool Regulations."

§ 257-2 Definitions; word usage.

For the purposes of this chapter, the following terms, phrases and words and their derivations shall have the meanings given herein. When not consistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is used herein as mandatory and not merely directory.
AUTHORITY
Swatara Township Authority.
ENGINEER
The engineer for the Authority or the governing body.
FRONT YARD
The area of a lot lying between the street and the dwelling extending across the full width of the lot, and, in case of a corner lot, extending the full depth of the lot on the side abutting the street.
GOVERNING BODY
Board of Commissioners of Swatara Township.
INSPECTOR
The duly appointed Municipal Zoning Officer or his authorized agent.
MUNICIPALITY
Swatara Township, Dauphin County, Pennsylvania.
PERMANENT STRUCTURE
One which cannot readily be removed.
PERSON
Any person, firm, partnership, association, corporation, company or any organization of any kind.
PRIVATE SWIMMING POOL
One that is not open to the public, is not publicly owned or is not otherwise regulated by the State of Pennsylvania either by statute or rules and regulations of one of its administrative bodies or agencies.
SWIMMING POOL
A body of water in an artificial or semi-artificial receptacle or other container, whether located indoors or outdoors, in-ground or aboveground, having a depth at any point of more than 18 inches or a surface area of more than 150 square feet, used or intended to be used for private swimming by adults or children, or both adults and children. Portable wading pools with a depth under 18 inches are excluded.
TEMPORARY STRUCTURE
One which can readily be removed.

§ 257-3 Permits required.

[Amended 4-14-1976 by Ord. No. 1976-19; 4-11-1990 by Ord. No. 1990-1]
It shall be unlawful for any person to construct, install, establish or maintain, or alter, remodel, reconstruct or operate a private swimming pool, without having obtained a permit therefor in the manner prescribed herein. The application for a permit shall be submitted to the inspector, together with two sets of detailed plans and specifications, together with a plot plan showing the location of the pool on the lot; the location of buildings on the lot; the fencing, existing and planned, and the height and aperture dimensions thereof; all open spaces required by this chapter, drawn to scale and dimensioned; and such other descriptions and information as will assure conformance with the intent and requirements of this chapter and all other applicable regulations of the municipality. Applications shall be made on forms supplied by the inspector. The fee for such permit shall be fixed from time to time by the Board of Commissioners. Upon approval of plans and specifications by the inspector, one set of each so marked will be returned to the applicant and must be kept on the site with the permit and be available at all times to the inspector. No change in the same shall be made without notification to and approval by the inspector.

§ 257-4 Pool location and setbacks.

[Amended 4-11-1990 by Ord. No. 1990-1]
A. 
No swimming pool may be located in the front yard as required by the zoning district, and as herein defined nor shall it be less than 10 feet from:
(1) 
Any main building.
(2) 
Any property line, except on lots of 50 feet or less in width, where the setback shall be five feet.
(3) 
Any basement or cellar.
B. 
A swimming pool may be located in the side yard, provided the location meets the requirements for an accessory building. Accessory buildings such as locker rooms, bathhouses, cabanas, shower rooms, toilets and other physical facilities or equipment incident to the operation of any private swimming pool shall conform to the requirements of the building, zoning or other applicable regulations of the governing body.
C. 
No structure shall be constructed between the building setback line and its street line.

§ 257-5 Enclosure.

A. 
Every outdoor swimming pool shall be completely surrounded by a fence or wall except as allowed in § 257-4 hereof. The person responsible for operating or maintaining a swimming pool shall assure that all doors or gates in the enclosing fence or wall are closed and securely locked at all times when the pool is not in use by family members, guests or other persons authorized by the person responsible. Within 30 days after the effective date of this chapter, every person operating or maintaining a swimming pool within the municipality, which has been constructed prior thereto, shall erect a fence or wall surrounding said pool. An enclosing fence or wall shall be not less than four feet in height and shall be so constructed as not to have openings, holes or gaps larger than three inches in any dimension except for doors and gates. A dwelling house or accessory building may be used as part of such enclosure. All gates or doors opening through such enclosure shall be equipped with a self-closing and a self-latching device for keeping the gate or doors securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.
B. 
Any mechanical equipment, such as pumps, filters or electrical devices, which is part of a pool facility, shall be within the enclosure or shall be similarly enclosed so as to forestall persons from gaining entry to the pool by climbing over the equipment.
C. 
The inspector may make modifications in individual cases upon showing good cause, with respect to the height, nature or location of the fence, wall, gates or latches or the necessity thereof, provided the protection as sought hereunder is not reduced thereby. The inspector may permit other protective devices or structures to be used so long as the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the wall, fence, gate and latch described herein.
D. 
All horizontal members, supports or protrusions on the enclosure shall be on the inside (pool side).

§ 257-6 Safety and sanitation.

[Amended 4-14-1976 by Ord. No. 1976-19; 4-11-1990 by Ord. No. 1990-1]
A. 
No permanent structure shall be permitted without a filtering system utilizing chlorinated water approved by the Swatara Township Health Officer.
B. 
The pool shall be kept free at all times of floating material, sediment and debris either by an automatic surface skimmer, scum gutter or by some other means approved by the Swatara Township Health Officer.
C. 
There shall be no cross-connections of the public water supply for the pool. The line carrying public water supply to the pool shall be protected against backflow of polluted water by means of an air gap and shall be discharged at least six inches above the maximum high-water level of the makeup tank or the pool.
D. 
Every swimming pool shall be equipped with life rings, life preservers or other flotation devices readily available and functional for emergency use.
E. 
Any mechanical equipment such as pumps, filters and electrical devices shall be adequately enclosed so as to protect all persons from electrical shock and physical injury.
F. 
There shall be complete compliance with the National Electric Code[1] as it relates to swimming pools.
[1]
Editor's Note: See Ch. 128, Art. V, Electrical Code.
G. 
The buildings, grounds, dressing rooms and all other swimming pool facilities shall be kept clean and in a sanitary condition and maintained free from garbage, trash and other refuse.

§ 257-7 Pool drainage or discharges.

A. 
No private swimming pool shall have a discharge or be drained of water until the inspector has determined that the method or manner of emptying the pool and the connections of such drain to the sanitary sewer, storm sewer, or open stream, or upon the land is not contrary to the public interest, or to the maintenance of the public sanitary sewer system or storm sewer system, or to other property owners.
B. 
The discharge of water into a sanitary sewer system shall be permitted only if it is not feasible to discharge water from a pool into a storm sewer, stream, or to use such water for lawn sprinkling. In matters pertaining to technical requirements for the discharge of water from a swimming pool, the inspector shall obtain, and as needed, the consultation of the Authority and the engineer.

§ 257-8 Vacant residences; polluted water.

A. 
Vacant residences. All private swimming pools shall be drained and maintained free of water during the period that the property is vacant or unoccupied. This section shall not apply during temporary absences of 30 days or less by the owner or operator of any swimming pool.
B. 
Polluted water. No body of water, whether it be a natural or artificial body of water, in the municipality shall be used for swimming or bathing purposes, by any person or persons, which contains sewage, waste or other contamination or polluting ingredients rendering the water hazardous to health, safety or welfare of such person or persons.

§ 257-9 Enforcement and inspection.

It shall be the duty of the inspector to enforce the provisions of this chapter. The inspector or his duly authorized agent is hereby authorized to enter, at reasonable times, upon the premises of private swimming pools to inspect the premises for compliance with the provisions of this chapter. In the event that any such inspection reveals a failure of compliance with this chapter, the inspector shall give the owner or other persons responsible for the operation of a pool and premises notice of his findings, and the inspector shall have the power to abate or cause the suspension of the use of such pool, until such time as the pool and premises are made compliant with the provisions of this chapter and are no longer a nuisance, menace or hazard to health or safety.

§ 257-10 Modifications.

[Amended 4-11-1990 by Ord. No. 1990-1]
A. 
The Board of Commissioners may grant a modification of the requirements of one or more provisions of this chapter if the literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest and that the purpose and intent of this chapter is observed.
B. 
All requests for a modification shall be in writing and shall accompany and be a part of the application for development. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of this chapter involved and the minimum modification necessary.
C. 
The Board of Commissioners shall keep a written record of all action on all requests for modifications.

§ 257-11 Appeals and remedies.

A. 
Any applicant, or person responsible for operation of a swimming pool, may appeal any decision or order of the inspector to the governing body. Such appeal shall be made within 10 days following the decision of order, shall be in writing, shall state the decision or order of the inspector, and the reasons for the exception taken thereto, shall be verified by affidavit, and shall be filed with the Secretary to the governing body. The person appealing shall have the right to appear and to be heard, if he states his desire so to do in his written appeal. The governing body shall render a decision on each such appeal, within 30 days of filing, and such decision shall be final.
B. 
The provisions of this chapter shall in no way restrict any remedies otherwise provided by law; and the municipality or any person may take any appropriate action at law or in equity, civil or criminal, to enforce the provisions of this chapter.

§ 257-12 Violations and penalties.

[Amended 4-14-1976 by Ord. No. 1976-19; 4-11-1990 by Ord. No. 1990-1]
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not less than $50 nor more than $600 and costs of prosecution, or, in default of payment of such fine and costs, to undergo imprisonment for not more than 30 days, provided that each day's continued violation of any provision of this chapter, after notice thereof, shall constitute a separate violation and shall be punishable as such.