§ 199-1Compliance required.
§ 199-4Permit required.
§ 199-5Application procedure.
§ 199-6Construction, maintenance and operation.
§ 199-7Water supply.
§ 199-8Drainage system.
§ 199-10Fencing and locks.
§ 199-14Violations and penalties.
§ 199-15Additional relief; nuisances.
Every swimming pool, wading pool or family pool (as hereinafter defined) constructed, installed, maintained or operated from and after the date of this chapter shall comply with all applicable provisions set out herein.
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein:
- BUILDING INSPECTOR
- The Building Inspector of the Township of Shaler.
- FAMILY POOL
- A swimming pool with a depth at any point in excess of 24 inches, used or intended to be used solely by the owner, operator or lessee thereof and his family and by friends or other persons or individuals invited to use it without the payment of any fee, located on a lot as an accessory use to a residence. Unless otherwise qualified, the term "family pool" shall be construed as including both artificial or partly artificial pools. The term "partly artificial pool," as used in this chapter, shall mean a pool formed from a natural body of water which has either so limited a flow or such an inadequate natural circulation that the quantity of water must be maintained by artificial means. The term "artificial pool," as used in this chapter, shall mean a pool composed entirely of artificial construction.
- Any person, firm, partnership, association, corporation, company or any other organization of any kind.
- PLANNING COMMISSION
- The Planning Commission of the Township of Shaler.
- As used herein and not modified by the words "family" or "wading," includes "family pool," "wading pool" and all other "pools" at which a charge is made for its use.
- The Township of Shaler.
- WADING POOL
- Any artificially constructed pool not designed, intended or used for swimming and having a maximum depth of 24 inches or less at any given point.
The word "shall" as used herein is to be construed as mandatory and not directory.
This chapter shall be known as and may be cited as the "Swimming Pool Ordinance of the Township of Shaler."
It shall be unlawful to construct a pool, except a wading pool, without having first obtained a permit as provided in § 199-5 herein or to maintain any pool, including a wading pool, except in conformity with this chapter.
Application for the construction and maintenance of a pool, except a wading pool, shall be made to the Building Inspector by the owner of the property. The application shall be accompanied by a duplicate set of plans, specifications and plot plan of the property. The plot plan shall show the accurate location of the proposed pool on the property, together with any other auxiliary facilities and structures, including, but not limited to, source of water supply, plumbing facilities, discharge facilities, electrical wiring and fixtures. The plot plan shall also show the location, height and type of all fencing or enclosures as may be required by § 199-10 of this chapter. Each such application shall be accompanied by a fee as set forth in the Township Permit Fee Schedule then in effect.
Materials used in the construction of all pools shall be waterproofed, and the owner of any pool shall maintain said pool in such condition as to prevent breaks in the pool and to prevent water from overflowing into adjacent public or private property.
The owner of every pool, except a wading pool, shall maintain excess residual chlorine in all portions of the water of his pool, when such pool is in use, of not less than three-tenths (3/10) parts per million nor more than six-tenths (6/10) parts per million. The owner of any pool may adopt such means of chlorination as will guarantee adherence to the provisions of this section, and upon failure to install and maintain such means or to use them in an effective manner, the Building Inspector shall direct the owner of such pool to discontinue the use thereof.
There shall be no physical connection between a potable private or public water system and any pool at a point below the maximum waterline of the pool or to a recirculatory or heating system of said pool.
Any pool constructed under the provisions of this chapter shall, if possible, be provided with a drainage outlet extending from such pool to either a storm sewer or lawn sprinkling system.
No such drainage outlet shall be connected until such times as the Building Inspector inspects the premises where such pool is located.
A tap fee of $2 shall be paid by the owner of any pool who makes a drainage outlet connection with a storm sewer which has been dedicated and officially adopted by the township. This connection must be made in the presence of the Building Inspector.
Approval may be given by the Building Inspector to discharge water at the curb or upon the surface of any street if, in his opinion, no damage will be done by this discharge of water to the street or to any abutting properties.
No pool shall be erected nearer to a street property line, back property line or side property line than a building could be erected in the same use district as set forth in Chapter 225, Zoning.
Every pool now existing or hereafter constructed or installed within the township shall be completely surrounded by a fence or wall not less than four feet in height; provided, however, that, in the case of a wading pool, the requirements of this § 199-10 shall not apply if but only if the wading pool is drained or covered when not in use.
The fence shall be so constructed for any pool as not to have openings, holes or gaps larger than four inches in any dimension, except for doors and gates, and if a picket fence is erected or maintained, the horizontal spaces shall not exceed four inches.
A dwelling house or accessory building may be used as a part of such enclosure.
The side of an aboveground pool may be used as a fence or part of a fence, provided that it is at least four feet in height and the ladder or stairs to said pool is removed when such pool is not in use.
All gate or door openings through a fence or wall shall be equipped with a lock operated by a key, keeping the gate closed and locked at all times when the pool is not in use, except that the door of any dwelling house which forms a part of the enclosure need not be so equipped.
Owners of any pool in existence or in the process of construction as of the effective date of this chapter shall within 90 days after the effective date of this chapter comply with the fencing requirements contained herein.
All lighting used to illuminate any pool shall be so arranged and shaded as to reflect light away from adjoining premises. All underwater lighting shall, at the time of installation, comply with the equipment, installation and maintenance standards of the Electrical Inspection Bureau of the Fire Underwriters, and a duplicate copy of any inspection reports made by such an agency or its successor shall be filed by the owner of the pool within 30 days of its receipt with the Building Inspector.
Any machine or device for the reproducing, producing or amplifying of sound in such manner as to disturb the peace and quiet and comfort of any neighboring activity or residents is unlawful and prohibited.
The Building Inspector shall inspect or cause to be inspected all pools at such times as he deems necessary to carry out the intent of this chapter. The Building Inspector is hereby authorized to enter upon any premises to take such samples of water from such pools at such times as it may deem necessary and to require the owner to comply with the provisions of this chapter. The Building Inspector shall have the power to suspend the construction or use of said pool until such time as the provisions of said chapter are fully complied with.
Any person, firm, corporation, association or other entity that violates § 199-4 of this chapter shall forfeit and pay to the township for each and every separate offense a sum of not less than $50 or more than $600 to be used for and recovered as other fines and penalties are now by law recoverable and, in default of payment of the fine and costs of prosecution, shall be committed to the county jail for a period not exceeding 90 days. All other violations of this chapter shall be subject to a maximum fine of $1,000 or a maximum term of imprisonment of 90 days.
No provision of this chapter shall prevent the township from instituting proceedings and seeking relief in the courts of equity of the commonwealth if the township shall deem such action necessary to abate any violation of this chapter which constitutes a public nuisance.