[HISTORY: Adopted by the Board of Commissioners
of the Township of Rostraver 9-5-1989 as Part 6, Ch. 1, Art. F, of the 1989 Code.]
It is determined and declared that the maintenance
of private swimming pools without appropriate precautionary measures
constitutes a hazard to the safety of the inhabitants of the Township.
A.
Every person, firm or corporation in possession of
land within the Township, either as an owner, purchaser under contract,
lessee, tenant or licensee, in which there is situated an excavated
swimming pool containing or capable of containing water 18 inches
or more in depth at a point, shall erect and maintain on the lot or
premises upon which that pool is located an adequate physical barrier
sufficient to make the pool inaccessible to unsupervised small children.
Nothing in this chapter shall apply to what are referred to as "aboveground
pools."
B.
Such physical barrier shall completely surround the
pool and shall extend not less than four feet above the adjacent ground
level; provided, however, that a dwelling house or accessory building
may be used as part of that enclosure.
C.
Such physical barrier shall be constructed in such
a way as to prevent access under the lower edge by small children.
D.
All accessways, gates or doors through such enclosure,
except the door of any dwelling occupied by human beings and forming
any part of the enclosure required above, shall be self-closing and
equipped with a self-latching device designed to keep and capable
of keeping that door or gate securely closed at all times when not
in actual use. No such enclosing wall or fence shall be constructed
nearer than five feet to the outer walls of the pool.
A.
The primary method for enforcement of this chapter
shall be by discovery or the filing of a complaint with the Township.
B.
The provisions of this chapter shall not apply to
swimming pools which are owned, operated and maintained by a legally
constituted public jurisdiction or to the so-called "aboveground pools."
D.
A person, firm or corporation in possession of land
within the Township, either as an owner, purchaser under contract,
lessee, tenant or licensee, in which there is situated an excavated
or portable swimming pool shall erect some sort of fencing within
120 days of adoption of Ordinance No. 142-1981[2] and be in full compliance with the requirements contained
herein by the 15th day of May 1982.
[2]
Editor's Note: Said ordinance was adopted
12-7-1981.
A.
The Code Enforcement Officer may allow slight or minor
modifications for good cause shown in individual cases with respect
to nature or location of fences, walls, gates or latches or the necessity
therefor, provided that the degree of protection is not reduced thereby.
B.
The Code Enforcement Officer, upon application of
a person, firm or corporation, may grant an extension of time for
compliance in individual cases upon showing of good cause. Such extension
of time shall not exceed 30 days.
If a person enters and remains unlawfully in
or upon said premises, that person shall be charged with the offense
of trespass.
Any person, firm or corporation found in violation
of the terms of this chapter shall be guilty of an offense and, upon
conviction, shall be punished by a fine of not less than $100 or more
than $1,000 and costs of prosecution and, in default of payment of
fine and costs, to undergo imprisonment for not more than 30 days.
Any person, firm or corporation continuing, committing or permitting
any violation of this chapter for more than one week shall be deemed
guilty of a separate offense for each week of violation.
