[HISTORY: Adopted by the Board of Supervisors of the Township of
Concord 7-10-1972 by Ord. No. 67. Amendments
noted where applicable.]
Unless otherwise indicated, the following words shall be construed to
have the meaning hereafter indicated. The singular shall include the plural
and the plural shall include the singular.
The Building Inspector of Concord Township.
An enclosure. Such enclosure shall be at least three feet in height,
shall be made of masonry, wood or metal with apertures not larger than two
inches and shall be equipped with a gate with an automatically self-locking
lock.
The door which closes the opening in a fence around in-ground pools
or the entrance to the steps or ramp to an above-ground pool. It shall be
three feet in height and the bottom shall not be more than three inches above
the sill. It shall be equipped with an automatically self-locking lock and
shall be self closing.
Any person, copartnership, association, firm or corporation.
IN-GROUNDAny permanent swimming pool constructed partially or entirely below ground level, outside of a building, completely surrounded by a precipitous wall of dirt, concrete, wood, masonry, metal or other such material, in which there is or can be an accumulation of water to a depth of one and one-half feet or more at any edge.
ABOVE-GROUNDAny movable swimming pool constructed above the ground, with steps or a ramp from the ground to the top of the pool, with precipitous sides, in which there is or can be an accumulation of water to a depth of 1 1/2 feet at any edge.
From and after the effective date of this chapter it shall be unlawful
for any person to erect, construct or maintain any pool within the Township
of Concord, Delaware County, Pennsylvania, without first having obtained a
permit therefor from the Building Inspector. Applications therefor shall be
made upon a form to be furnished by the Building Inspector and shall be accompanied
by a fee as set from time to time by resolution of the Board of Supervisors.
The application shall be accompanied by a plot plan of property, showing the
location of the pool with specific dimensions as to area and depth and, in
addition, the location of all surrounding houses or neighboring properties
and a detailed specification of the fence and/or gate if required under the
provisions of this chapter. The Building Inspector shall issue a permit when
the plans submitted indicate that the provisions of this chapter are complied
with. The applicant shall keep the permit at the site of construction available
for inspection at all times. The Building Inspector shall inspect following
completion to determine that the location of the pool and the construction
of the fence and/or gate comply with the plan as submitted.
A.
No in-ground pool shall be erected or maintained hereafter
within the limits of Concord Township within 200 feet of any dwelling house
of any neighboring owner or within 100 feet of the property line of any adjoining
property, unless and until a fence is erected surrounding said in-round pool.
B.
No above-ground pool shall be erected or maintained hereafter
within the limits of Concord Township within 200 feet of any dwelling house
of any neighboring owner or within 100 feet of the property line of any adjoining
property, unless and until a gate has been erected across the steps or ramp
leading from the ground to the top of the pool.
C.
On or before September 10, 1972, any person maintaining
an in-ground pool within 200 feet of any dwelling house of any neighboring
owner or within 100 feet of the property line of any adjoining property, which
pool has been constructed before the effective date of this chapter, shall
erect a fence surrounding said in-ground pool.
D.
On or before September 10, 1972, any person maintaining
an above-ground pool within 200 feet of any dwelling house of any neighboring
owner or within 100 feet of the property line of any adjoining property which
pool has been placed or maintained before the effective date of this chapter
shall erect a gate across the steps or ramp leading to the top of said above-ground
pool.
E.
Every person maintaining an in-ground or above-ground
pool which must be fenced or gated, as above, hereunder shall keep the gate
closed and securely locked at all times when said pool is not in use by the
person maintaining the same, his family or his guests.
[Amended 12-3-1996 by Ord. No. 206]
A.
Any person who shall violate any provision of this chapter
or who permits the violation of any provision of this chapter shall pay a
fine of $600.
B.
Each violation for each separate day and each violation
of any provision of this chapter shall constitute a separate and distinct
violation.
C.
Any person who violates or permits the violation of any
provision of this chapter shall, upon being found liable therefor in a civil
enforcement proceeding commenced by Concord Township, pay the fine prescribed
by this chapter, plus all court costs, including reasonable attorney fees,
incurred by Concord Township.
