[HISTORY: Adopted by the Borough Council of the Borough of
Irwin 7-7-1993 by Ord. No. 791 (Ch. 23, Part 1, of the 1993 Code).
Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 260.
As used in this chapter, the following terms shall have the
meanings indicated:
An outdoor swimming pool used or intended to be used solely
by the owner of a residential property, his family, or lessee thereof
and his family, and by guests invited to use it without the payment
of any fee.
This chapter shall apply to all new outdoor swimming pools hereinafter
constructed, as well as existing swimming pools, whether above ground
or in the ground, and having a depth of 18 inches or more at any one
point.
A.
Before any work is commenced on the construction of a swimming pool
or on any alteration, addition, remodeling or other improvement to
a swimming pool, an application for a permit for construction, together
with plans and specifications pertinent to the construction, as well
as explanatory data, shall be submitted to the Building Inspector.
No part of the work shall be commenced until approval has been granted
the applicant by a written permit. The fee for such permit shall be
fixed by resolution of Borough Council.
B.
All plans, including a plot plan, shall bear the name and seal of
a registered architect, engineer or surveyor. The plot plan shall
show the location of all buildings and the proposed pool on the property,
distances to all property lines in the immediate vicinity of the swimming
pool and dwelling, and the location of wells, sewage disposal systems
and proposed enclosures or fences around the pool.
C.
Standard pools, properly designed by established swimming pool companies
and having the approval of a registered engineer or registered architect,
shall be acceptable when accompanied by suitable plans and specifications,
including information as stated herein.
A.
Every swimming pool shall be completely surrounded by a fence, wall
or similar enclosure not less than four feet in height, which shall
be so constructed as to have no openings, holes or gaps larger than
two inches in any dimension. If the fence or wall is a picket fence,
the horizontal dimensions maintained shall not exceed four inches.
A dwelling or accessory building may be used as part of such enclosure.
B.
All gates or door openings through such enclosure shall be equipped
with a self-closing, self-latching device on the pool side for keeping
the gate or door securely closed at all times when not in use, except
that the door of any dwelling or accessory building which forms a
part of the enclosure need not be so equipped. The fence shall surround
the pool and the deck area. Fences shall be erected around all existing
swimming pools no later than when the pool is completed.
A.
A swimming pool shall be located at the rear of a dwelling or along
the side of the dwelling where practical.
B.
There shall be a minimum of three feet of concrete, stone, brick
or block sidewalk or other all-weather surface around all pools, except
portable aboveground pools.
C.
No swimming pool or appurtenances, including decks and shelters, shall be erected nearer to any property line than permitted by Chapter 260, Zoning.
D.
No swimming pool shall be so located as to interfere with the operation
of a well or on-site septic system or be located where there is potential
danger of a septic system discharging into the pool or onto the adjacent
area around the pool.
No permit to construct new swimming pools (Existing pools are
excluded from this section.) shall be issued unless and until the
following design and construction requirements are observed:
A.
Material. The material used for lining a swimming pool shall be light
in color, impervious and shall provide a tight tank with easily cleaned
surfaces. Sand or dirt bottoms are prohibited if uncovered.
B.
Walls and bottom. All pool walls and bottoms shall be designed to
withstand water pressure from within and to resist the pressure of
earth or groundwater when the pool is empty.
C.
Steps, ladders, handholds. One or more steps, ladders, stepholes
or handholds shall be provided for all pools. The coping of the swimming
pool, if not higher than eight inches above the water surface, shall
be considered a handhold.
D.
Makeup water. Pools shall be equipped with suitable facilities for
adding makeup water as required. There shall be no physical connection
between the water supply line and the pool system. When makeup water
is added to the pool, the inlet shall be at least six inches above
the pool water surface.
E.
Drainage outlet. No pool water shall be drained at the curb, along
the gutter line of any street or on the surface of any street.
F.
Recirculation. Provision shall be made for complete circulation of
water throughout the pool. The system shall be designed and constructed
so that a turnaround at least once every twelve-hour period shall
be provided. Recirculation systems shall consist of pumping equipment,
a hair and lint catcher, filters, together with all necessary pipe
connections to the pool inlets and outlets, facilities and pipe connections
necessary for backwashing or cleaning filters.
G.
Safety equipment. Life preservers, ropes and poles shall be readily
available at the pool site.
A.
Aboveground pools are not subject to the fee schedules nor the design
and requirements as set forth herein. However, all such pools having
walls less than four feet shall be enclosed in accordance with the
provisions of this chapter.
B.
Portable aboveground pools having walls four feet or greater in height may be excluded from the fencing requirement, provided such pools are equipped with access ladders which may be raised and locked in a near-vertical position when the pool is unattended. An aboveground pool as described in this subsection which is served by a ladder or steps which cannot be raised and locked so as to prevent access by small children shall be enclosed in accordance with § 234-4.
No swimming pool shall be so located or maintained as to interfere
unduly with the enjoyment of the property rights of others.
Lights used to illuminate any swimming pool shall be so arranged
as to reflect light away from adjoining premises.
It shall be unlawful for any person to make, continue or cause
to be made or continued at any swimming pool any loud, unnecessary
or unusual noise which disturbs, injures or endangers the comfort,
health, peace or safety of others. The use or operation of any radio,
musical instrument, phonograph, recording equipment, or other machine
or device for the producing or reproducing of sound in such a manner
as to disturb the peace, quiet and comfort of neighboring inhabitants
or at any time with volume louder than is necessary for convenient
hearing of persons at the swimming pool site shall be unlawful.
A.
All electrical installations shall conform to the specifications
of the National Electrical Code. No electric wires or conductors shall
cross, either overhead or underground, on any part of a swimming pool,
nor shall any electric wiring be installed parallel to any pool wall
closer than five feet, if underground, unless enclosed in a rigid
conduit, or within five feet if overhead.
B.
All underwater lights must be watertight, self-contained units with
ground connections running from a waterproof junction box to a proper
grounding facility or medium. All underground electric wires supplying
current to said lights within a distance of five feet of the pool
wall or walls shall be enclosed in rigid conduits. All metal fences,
enclosures or railings, near or adjacent to a swimming pool, which
might become electrically charged as a result of contact with broken
overhead conductors, or from any other cause, shall be effectively
grounded.
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction thereof, be sentenced to pay
a fine of not more than $600 plus costs and, in default of payment
of said fine and costs, to imprisonment for a term not to exceed 30
days. Each day that a violation of this chapter continues shall constitute
a separate offense.