The purpose of this chapter is to require that
swimming or wading pools be fenced or otherwise enclosed for the protection
of children.
The requirements of this chapter shall be applicable to all pools located in the borough, whether permanent or temporary and whether stationary or portable, as hereinafter set forth in §
286-3.
[Amended 9-19-2017 by Ord. No. 17-10]
A. All swimming pools shall be maintained in a clean and sanitary condition,
and in good repair.
B. Private swimming pools, hot tubs, and spas, containing water more
than 24 inches (610 mm) in depth shall be completely surrounded by
a fence or barrier at least 48 inches (1,219 mm) in height above the
finished ground level measured on the side of the barrier away from
the pool. Gates and doors in such barriers shall be self-closing and
self-latching. Where the self-latching device is a minimum of 54 inches
(1,372 mm) above the bottom of the gate, the release mechanism shall
be located on the pool side of the gate. Self-closing and self-latching
gates shall be maintained such that the gate will positively close
and latch when released from an open position of six inches (152 mm)
from the gatepost. No existing pool enclosure shall be removed, replaced,
or changed in a manner that reduces its effectiveness as a safety
barrier.
(1) Exception: Spas or hot tubs with a safety cover that complies with
ASTM F 1346 shall be exempt from the provisions of this section.
After the effective date of this chapter, all
owners or occupants of properties who intend to construct or erect
a pool affected by this chapter shall file a set of plans and specifications
for such pool, and such plans and specifications shall include detailed
data for the required enclosure.
The owners or occupants of properties which
have existing pools which are the subject of the chapter shall have
thirty (30) days from the effective date of this chapter to construct
the enclosure required hereby.
[Amended 9-1-1992 by Ord.
No. 92-19]
Any person or persons, corporation, partnership
or other entity whatsoever violating any of the provisions of this
chapter shall, upon conviction, be sentenced to pay a fine not to
exceed the maximum fine of six hundred dollars ($600.), plus costs
of prosecution, and in default of payment of such costs and prosecution,
shall be sentenced to imprisonment for a term not exceeding thirty
(30) days; provided, however, that if the District Justice determines
that the defendant is without the financial means to pay the fines
and costs immediately or in a single remittance, such defendant shall
be permitted to pay the fines or costs in installments and over such
periods of time as the District Justice deems to be just.