[HISTORY: Adopted by the Board of Supervisors
of the Township of Birmingham 9-3-1996 by Ord. No. 96-15. Amendments noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
As used in this chapter, the following terms
shall have the meanings indicated:
Any structure intended for swimming or recreational bathing
that contains water over 24 inches deep, including in-ground swimming
pools, aboveground swimming pools, on-ground swimming pools, hot tubs,
and similar structures which are further defined and regulated by
Township Code.
The regulations contained herein shall, for
reasons of health, safety and welfare of township residents, apply
to all swimming pools as defined herein, now existing or hereinafter
constructed.
A.
A barrier, fence, wall or similar enclosure (referred
to herein as "barrier") will completely surround all swimming pools,
whether now existing or hereinafter built, of not less than four feet
and not more than six feet which shall be equipped with a self-locking
and self-latching gate so as to keep out unauthorized persons and
stray animals and to protect the health, safety and welfare of children.
B.
The barrier's openings and gates shall be so constructed as to conform to the most current building codes as adopted by the Township which may provide for more stringent requirements than set forth above, and shall also comply with zoning regulations as set forth in the Chapter 122, Zoning, of the Code of the Township. Fences shall be erected around an existing swimming pool no later than 90 days following the enactment of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation
of this chapter shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this chapter that is violated
shall also constitute a separate offense.[1]
