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.
FENCE
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.
GATE
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.
PERSON
Any person, copartnership, association, firm or corporation.
POOL
A.
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.
B.
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.
[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.
D. Enforcement of this chapter shall be the responsibility of the Township Manager, Zoning Officer, Building Inspector, Plumbing Inspector or the Fire Marshal, as appropriate, who shall follow the enforcement procedure set forth in Chapter
1, General Provisions, Article
II, Violations and Penalties.