[HISTORY: Adopted by the Board of Commissioners
of the Township of Swatara 2-8-1974 by Ord. No. 1974-6 (Ch. 23, Part 1, of the 1990 Code).
Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Swatara Township Swimming Pool Regulations."
For the purposes of this chapter, the following
terms, phrases and words and their derivations shall have the meanings
given herein. When not consistent with the context, words used in
the present tense include the future, words in the plural number include
the singular number and words in the singular number include the plural
number. The word "shall" is used herein as mandatory and not merely
directory.
Swatara Township Authority.
The engineer for the Authority or the governing body.
The area of a lot lying between the street and the dwelling
extending across the full width of the lot, and, in case of a corner
lot, extending the full depth of the lot on the side abutting the
street.
Board of Commissioners of Swatara Township.
The duly appointed Municipal Zoning Officer or his authorized
agent.
Swatara Township, Dauphin County, Pennsylvania.
One which cannot readily be removed.
Any person, firm, partnership, association, corporation,
company or any organization of any kind.
One that is not open to the public, is not publicly owned
or is not otherwise regulated by the State of Pennsylvania either
by statute or rules and regulations of one of its administrative bodies
or agencies.
A body of water in an artificial or semi-artificial receptacle
or other container, whether located indoors or outdoors, in-ground
or aboveground, having a depth at any point of more than 18 inches
or a surface area of more than 150 square feet, used or intended to
be used for private swimming by adults or children, or both adults
and children. Portable wading pools with a depth under 18 inches are
excluded.
One which can readily be removed.
[Amended 4-14-1976 by Ord. No. 1976-19; 4-11-1990 by Ord. No. 1990-1]
It shall be unlawful for any person to construct,
install, establish or maintain, or alter, remodel, reconstruct or
operate a private swimming pool, without having obtained a permit
therefor in the manner prescribed herein. The application for a permit
shall be submitted to the inspector, together with two sets of detailed
plans and specifications, together with a plot plan showing the location
of the pool on the lot; the location of buildings on the lot; the
fencing, existing and planned, and the height and aperture dimensions
thereof; all open spaces required by this chapter, drawn to scale
and dimensioned; and such other descriptions and information as will
assure conformance with the intent and requirements of this chapter
and all other applicable regulations of the municipality. Applications
shall be made on forms supplied by the inspector. The fee for such
permit shall be fixed from time to time by the Board of Commissioners.
Upon approval of plans and specifications by the inspector, one set
of each so marked will be returned to the applicant and must be kept
on the site with the permit and be available at all times to the inspector.
No change in the same shall be made without notification to and approval
by the inspector.
[Amended 4-11-1990 by Ord. No. 1990-1]
A.Â
No swimming pool may be located in the front yard
as required by the zoning district, and as herein defined nor shall
it be less than 10 feet from:
B.Â
A swimming pool may be located in the side yard, provided
the location meets the requirements for an accessory building. Accessory
buildings such as locker rooms, bathhouses, cabanas, shower rooms,
toilets and other physical facilities or equipment incident to the
operation of any private swimming pool shall conform to the requirements
of the building, zoning or other applicable regulations of the governing
body.
C.Â
No structure shall be constructed between the building
setback line and its street line.
A.Â
Every outdoor swimming pool shall be completely surrounded by a fence or wall except as allowed in § 257-4 hereof. The person responsible for operating or maintaining a swimming pool shall assure that all doors or gates in the enclosing fence or wall are closed and securely locked at all times when the pool is not in use by family members, guests or other persons authorized by the person responsible. Within 30 days after the effective date of this chapter, every person operating or maintaining a swimming pool within the municipality, which has been constructed prior thereto, shall erect a fence or wall surrounding said pool. An enclosing fence or wall shall be not less than four feet in height and shall be so constructed as not to have openings, holes or gaps larger than three inches in any dimension except for doors and gates. A dwelling house or accessory building may be used as part of such enclosure. All gates or doors opening through such enclosure shall be equipped with a self-closing and a self-latching device for keeping the gate or doors securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.
B.Â
Any mechanical equipment, such as pumps, filters or
electrical devices, which is part of a pool facility, shall be within
the enclosure or shall be similarly enclosed so as to forestall persons
from gaining entry to the pool by climbing over the equipment.
C.Â
The inspector may make modifications in individual
cases upon showing good cause, with respect to the height, nature
or location of the fence, wall, gates or latches or the necessity
thereof, provided the protection as sought hereunder is not reduced
thereby. The inspector may permit other protective devices or structures
to be used so long as the degree of protection afforded by the substitute
devices or structures is not less than the protection afforded by
the wall, fence, gate and latch described herein.
D.Â
All horizontal members, supports or protrusions on
the enclosure shall be on the inside (pool side).
[Amended 4-14-1976 by Ord. No. 1976-19; 4-11-1990 by Ord. No. 1990-1]
A.Â
No permanent structure shall be permitted without
a filtering system utilizing chlorinated water approved by the Swatara
Township Health Officer.
B.Â
The pool shall be kept free at all times of floating
material, sediment and debris either by an automatic surface skimmer,
scum gutter or by some other means approved by the Swatara Township
Health Officer.
C.Â
There shall be no cross-connections of the public
water supply for the pool. The line carrying public water supply to
the pool shall be protected against backflow of polluted water by
means of an air gap and shall be discharged at least six inches above
the maximum high-water level of the makeup tank or the pool.
D.Â
Every swimming pool shall be equipped with life rings,
life preservers or other flotation devices readily available and functional
for emergency use.
E.Â
Any mechanical equipment such as pumps, filters and
electrical devices shall be adequately enclosed so as to protect all
persons from electrical shock and physical injury.
G.Â
The buildings, grounds, dressing rooms and all other
swimming pool facilities shall be kept clean and in a sanitary condition
and maintained free from garbage, trash and other refuse.
A.Â
No private swimming pool shall have a discharge or
be drained of water until the inspector has determined that the method
or manner of emptying the pool and the connections of such drain to
the sanitary sewer, storm sewer, or open stream, or upon the land
is not contrary to the public interest, or to the maintenance of the
public sanitary sewer system or storm sewer system, or to other property
owners.
B.Â
The discharge of water into a sanitary sewer system
shall be permitted only if it is not feasible to discharge water from
a pool into a storm sewer, stream, or to use such water for lawn sprinkling.
In matters pertaining to technical requirements for the discharge
of water from a swimming pool, the inspector shall obtain, and as
needed, the consultation of the Authority and the engineer.
A.Â
Vacant residences. All private swimming pools shall
be drained and maintained free of water during the period that the
property is vacant or unoccupied. This section shall not apply during
temporary absences of 30 days or less by the owner or operator of
any swimming pool.
B.Â
Polluted water. No body of water, whether it be a
natural or artificial body of water, in the municipality shall be
used for swimming or bathing purposes, by any person or persons, which
contains sewage, waste or other contamination or polluting ingredients
rendering the water hazardous to health, safety or welfare of such
person or persons.
It shall be the duty of the inspector to enforce
the provisions of this chapter. The inspector or his duly authorized
agent is hereby authorized to enter, at reasonable times, upon the
premises of private swimming pools to inspect the premises for compliance
with the provisions of this chapter. In the event that any such inspection
reveals a failure of compliance with this chapter, the inspector shall
give the owner or other persons responsible for the operation of a
pool and premises notice of his findings, and the inspector shall
have the power to abate or cause the suspension of the use of such
pool, until such time as the pool and premises are made compliant
with the provisions of this chapter and are no longer a nuisance,
menace or hazard to health or safety.
[Amended 4-11-1990 by Ord. No. 1990-1]
A.Â
The Board of Commissioners may grant a modification
of the requirements of one or more provisions of this chapter if the
literal enforcement will exact undue hardship because of peculiar
conditions pertaining to the land in question, provided that such
modification will not be contrary to the public interest and that
the purpose and intent of this chapter is observed.
B.Â
All requests for a modification shall be in writing
and shall accompany and be a part of the application for development.
The request shall state in full the grounds and facts of unreasonableness
or hardship on which the request is based, the provision or provisions
of this chapter involved and the minimum modification necessary.
C.Â
The Board of Commissioners shall keep a written record
of all action on all requests for modifications.
A.Â
Any applicant, or person responsible for operation
of a swimming pool, may appeal any decision or order of the inspector
to the governing body. Such appeal shall be made within 10 days following
the decision of order, shall be in writing, shall state the decision
or order of the inspector, and the reasons for the exception taken
thereto, shall be verified by affidavit, and shall be filed with the
Secretary to the governing body. The person appealing shall have the
right to appear and to be heard, if he states his desire so to do
in his written appeal. The governing body shall render a decision
on each such appeal, within 30 days of filing, and such decision shall
be final.
B.Â
The provisions of this chapter shall in no way restrict
any remedies otherwise provided by law; and the municipality or any
person may take any appropriate action at law or in equity, civil
or criminal, to enforce the provisions of this chapter.
[Amended 4-14-1976 by Ord. No. 1976-19; 4-11-1990 by Ord. No. 1990-1]
Any person who shall violate any provision of
this chapter shall, upon conviction thereof, be sentenced to pay a
fine of not less than $50 nor more than $600 and costs of prosecution,
or, in default of payment of such fine and costs, to undergo imprisonment
for not more than 30 days, provided that each day's continued violation
of any provision of this chapter, after notice thereof, shall constitute
a separate violation and shall be punishable as such.
