For the purposes of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
PERMANENT POOL
Any outdoor swimming or bathing pool either sunk into the
ground or supported by a fixed structure, whether or not it has a
fixed intake or discharge system, and portable pools having fixed
intake and discharge systems regardless of size or capacity, but excluding
fish ponds and ornamental garden ponds not intended for bathing or
swimming.
PORTABLE POOL
Any outdoor swimming or bathing pool not requiring an excavation
in the ground and not having a fixed intake or discharge system and
which is capable of being removed for storage.
All portable pools having a capacity of 340 cubic feet or more shall comply with the provisions of this chapter, except §§
238-3 through
238-6, which cover only permanent pools, and except for the provisions of § 136-11A and B.
[Amended 4-2-1985 by Ord. No. 85-10-900]
Prior to the installation of any new permanent
pool or the use of any such existing pool, the owner on whose property
it is to be installed or used shall file an application in triplicate
with the Construction Official and Health Officer, setting forth the
following details:
A. Size and type of construction, with plans and specifications
or descriptive brochures.
B. Safety provisions to be installed.
C. Plot plan showing property lines of the premises,
all existing structures thereon and the location and dimensions of
the pool and its appurtenances.
D. Method of water intake and discharge.
E. Method of disinfection treatment to be used.
F. Method of recirculation of water, if any.
[Amended 10-4-2023 by Ord. No. 23-24-1625]
The pools, hot tubs and all appurtenances (patios,
waterfalls, slides and pool equipment) shall be located in the rear
portion of the lot, not less than five feet from the rear lot line,
not closer than 15 feet from the rear portion of the house and not
closer than 15 feet from either side line. Patio and hot tubs are
exempt from proximity to the house. Any property owner who is unable
to comply with these requirements may apply to the Zoning Board of
Adjustment for a variance. It is the intent of this chapter that all
pools are to be located, insofar as feasible, as outlined above.
[Amended 4-2-1985 by Ord. No. 85-10-900]
The Health Officer and Construction Official
shall jointly visit the premises for the purpose of determining the
suitability of the proposed installation and of the location and that
provisions are to be made by the owner for its proper construction.
Upon the determination by the Construction Official that the application
complies with this chapter, he shall issue a building permit.
[Amended 4-2-1985 by Ord. No. 85-10-900]
When the pool has been completed and is ready
for use, the owner shall notify the Health Officer and the Construction
Official, who shall jointly make a completion inspection to determine
whether the work has been properly performed and meets with the provisions
of this chapter.
The following fees shall be paid to the Borough
under this chapter:
A. A building permit for the construction of a new pool
shall be issued by the Construction Official upon the same basis and
for the fees as provided in the Construction Code.
[Amended 4-2-1985 by Ord. No. 85-10-900]
B. Health inspection fee for inspection as provided by §§
238-4 and
238-5 shall be $10.
C. Inspection fee after closure under Article
III shall be $5.
D. Sanitary sewer connection fee. Each connection into the sanitary sewer system for a swimming pool shall be charged in the same amount and manner as any other connection thereto as provided in Chapter
210, Sewers.
E. Each connection into the existing sewer system on
the property shall be charged in the same manner and amount as any
other connection thereto, as provided in the Plumbing Code, i.e.,
$5.
The Health Officer shall have the right to enter
upon any private property in the Borough containing a pool for the
purpose of enforcing the provisions of this chapter and of making
inspections and taking water samples.
The Municipal Court shall have jurisdiction
to hear all complaints on violations of this chapter.