The purpose of this chapter shall be to provide
rules, regulations and standards for the maintenance of swimming pools
in the township in order to promote the public health, safety, convenience
and general welfare of the township.
[Amended 6-21-2023 by Ord. No. 2023-11]
The provisions of this chapter shall be administered
by the Uniform Code and Construction Department, Zoning Officer or
their designee.
As used in this chapter, the following terms
shall have the meanings indicated:
PORTABLE POOL
Any above-surface type of swimming pool constructed of canvas,
rubber, plastic or other material not designed or intended to be stationary
or permanently fixed, but designed and intended to be removed and
stored.
PRIVATE SWIMMING POOL
Any private pool, whether permanently constructed or the
portable type, having a depth of more than 18 inches below the level
of the surrounding land, or any above-surface pool having a depth
of more than 18 inches, and in each case a surface area exceeding
100 square feet, designed, used and maintained for swimming or bathing
purposes by an individual for use by members of his household and
guests.
WADING POOL
Any shallow pool not included under the definition of "private
swimming pool."
[Amended 7-16-1996 by Ord. No. 96-9]
An outdoor, private swimming pool, including
an in-ground, abovegound or on-ground pool, shall be provided with
a barrier, which shall comply with the following:
A. The top of the barrier shall be at least 48 inches
(1,219 millimeters) above finished ground level measured on the side
of the barrier which faces away from the swimming pool. The maximum
vertical clearance between finished ground level and the barrier shall
be two inches (51 millimeters) measured on the side of the barrier
which faces away from the swimming pool. Where the top of the pool
structure is above finished ground level, such as an aboveground pool,
the barrier shall be at finished ground level, such as the pool structure,
or shall be mounted on top of the pool structure. Where the barrier
is mounted on top of the pool structure, the maximum vertical clearance
between the top of the pool structure and the bottom of the barrier
shall be four inches (102 millimeters).
B. Openings in the barrier shall not allow passage of
four inches (102 millimeters) in diameter.
C. Solid barriers shall not contain indentations or protrusions,
except for normal construction tolerances and tooled masonry joints.
D. Where the barrier is composed of horizontal and vertical
members and the distance between the tops of the horizontal members
is less than 45 inches (1,143 millimeters), the horizontal members
shall be located on the swimming pool side of the fence. Spacing between
vertical members shall not exceed 1 3/4 inches (44 millimeters)
in width.
E. Where the barrier is composed of horizontal and vertical
members and the distance between the tops of the horizontal members
is 45 inches (1,143 millimeters) or more, spacing between vertical
members shall not exceed four inches (102 millimeters). Decorative
cutouts shall not exceed 1 3/4 inches (44 millimeters) in width.
F. Maximum mesh size for chain-link fences shall be a
one-and-one-fourth-inch (thirty-two-millimeter) square, unless the
fence is provided with slats fastened at the top or the bottom which
reduce the openings to not more than 1 3/4 inches (44 millimeters).
G. Access gates shall comply with the requirements of Subsections
A through
F of this section and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outward away from the pool and shall be self-closing and have a self-latching device. Gates, other than pedestrian access gates, shall have a self-latching device. Where the release mechanism of this self-latching device is located less than 54 inches (1,372 millimeters) from the bottom of the gate, the release mechanism shall be located on the pool side of the gate at least three inches (76 millimeters) below the top of the gate, and the gate and barrier shall not have an opening greater than 1/2 inch (13 millimeters) within 18 inches (457 millimeters) of the release mechanism.
H. Where a wall of a dwelling serves as part of the barrier,
one of the following shall apply:
(1) All doors with direct access to the pool through the
wall shall be equipped with an alarm which produces an audible warning
when the door and its screen, if present, are opened. The alarm shall
sound continuously for a minimum of 30 seconds immediately after the
door is opened. The alarm shall have a minimum sound pressure rating
of 85 dBA at 10 feet (3,048 millimeters), and the sound of the alarm
shall be distinctive from other household sounds such as smoke alarms,
telephones and doorbells. The alarm shall automatically reset under
all conditions. The alarm shall be equipped with manual means, such
as touchpads or switches, to deactivate temporarily the alarm for
a single opening from either direction. Such deactivation touchpads
or switches shall be located at least 54 inches (1,372 millimeters)
above the threshold of the door.
(2) The pool shall be equipped with an approved power
safety cover.
I. Where an aboveground pool structure is used as a barrier
or where the barrier is mounted on top of the pool structure and the
means of access is a fixed or removable ladder or steps, the ladder
or steps shall be surrounded by a barrier which meets the requirements
of all the items herein. A removable ladder shall not constitute an
acceptable alternative to enclosure requirements.
J. Barriers shall be located so as to prohibit permanent
structures, equipment or similar objects from being used to climb
the barriers.
K. Construction
fencing required.
[Added 8-16-2023 by Ord. No. 2023-15]
(1) The
construction sites for in-ground swimming pools and spas shall be
provided with construction fencing to surround the site from the time
that any excavation occurs up to the time that the permanent barrier
is completed. The fencing shall be not less than four feet (1,219
mm) in height.
This chapter shall apply to all new and existing
private pools, except where otherwise indicated herein, and shall
take effect as provided by law.
Any person, firm or corporation who shall violate
any of the provisions of this chapter shall, upon conviction thereof,
be liable to punishment by a fine of not more than $500, or, in the
case of individuals, may be imprisoned in the County Jail for not
more than 90 days, or both such fine and imprisonment, for each offense,
at the discretion of the Judge before whom such conviction is had.
Each day the violation thereof shall be allowed to continue shall
be considered a new and separate offense.