[HISTORY: Adopted by the Borough Council of the Borough of
Parkside 9-26-2001 by Ord. No.
411.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 164,
Swimming Pools, adopted as Ch. 110 of the 1979 Code, as amended.
The following words, unless otherwise stated, shall have the
meaning herein indicated:
Locker rooms, bathhouses, cabanas, equipment rooms, equipment
fixtures, etc., or other facilities or equipment used to support the
use of a swimming pool.
Any of the following person or persons, either singly or
in combination, who shall serve at the pleasure of the Borough Council
to make the proper occupancy inspections.
[Amended 9-21-2022 by Ord. No. 570]
A fence designed and constructed in such a manner as to isolate
the pool from entry or trespass by the general public and/or by children
not under the supervision of an adult. The fence shall be of durable,
strong material able to withstand a force of 200 pounds applied from
any direction and will have no openings of greater than three inches
in any direction. The design of the fence and fence material shall
be of a type unclimbable by average children under the age of 12 years
of age. The gate or gates of the fence shall be of a similar material
as the fence and shall be self-closing, self-latching and lockable.
The area of a lot lying between the street and residence
setback line extending across the full width of the lot and/or depth
of a corner lot.
Any person, firm, corporation, association, partnership or
other legal entity which alone, jointly or severally with others holds
legal or equitable title to any property, building and/or swimming
pool within the Borough of Parkside.
Any person, copartnership, association, firm or corporation.
The distance, if any, a swimming pool is required to be from
a property line, residence, deck, accessory building or structure.
A swimming pool with a vertical depth of less than five feet
and made of semidurable material designed to be placed or located
on minimally prepared earth or ground; made in such a way as to not
be easily relocated during the season of use; generally equipped with
a filtering, filling and discharge system; required to be isolated
from the general public by a swimming pool fence.
A swimming pool made of durable material designed to be placed
or located in prepared earth usually with a foundation system, the
earth or ground being tailored or altered to accommodate the design
of the pool; not designed to be moved once constructed and generally
equipped with an automatic filtering, filling and discharge system;
required to be isolated from the general public by a swimming pool
fence.
Also known as an "on-ground pool," has a vertical depth of
less than four feet and a horizontal diameter of less than nine feet;
made of lightweight material designed to be erected and collapsed
quickly and easily moved from location to location; may or may not
be equipped with a filtering, filling and discharge system; may or
may not be required to be isolated from the general public by a swimming
pool fence.
Any body of water, tank or receptacle, however constructed,
used or intended to be used for swimming or bathing solely by the
owner, operator or lessee thereof and by his or her family and by
friends invited to use it without any payment or valuable consideration
whatsoever, and constructed, installed and maintained outside any
habitable building, upon any premises as an accessory use to the residence.
The removal of water or liquid from a swimming pool in any
amount, small or large, by accident or design.
Swimming pool water or liquid that has become contaminated
by algae, bacteria, viruses, vectors, hazardous chemicals or debris
rendering the water or liquid hazardous to the user and/or the safety
of the community.
Swimming pool water or liquid not being subject to filtering
and/or an automatic filling/discharge system; may or may not be stagnant.
Any liquid, including rainwater, municipal piped water, well
water, commercially purchased water or liquid used in a swimming pool
for the purposes of recreation, bathing, swimming, wading, cleaning
or washing of humans, animals or the surfaces of the pool or its equipment.
A.
It shall be unlawful for any person to construct, erect, install
or maintain or alter, remodel, reconstruct or otherwise improve a
private swimming pool, as herein defined, without first having obtained
a permit therefor.
(1)
Applications for permits shall be submitted to the Parkside Borough
Building Inspector, together with two sets of plans and specifications
setting forth the details, together with a plot plan, showing the
location of the building on the lot, the fencing, existing and proposed,
and the height and aperture dimensions thereof, and all open spaces
required by this chapter, drawn to scale. Applications shall be made
on forms supplied by the Building Inspector.
(2)
The fee for the permit shall be $25 if the total cost of materials
and construction is $1,000 or less. Where the total cost of materials
and construction is more than $1,000, the fee for the permit shall
be the amount as provided on the estimated cost of construction as
described in the Borough Building Code under § 114.3.1.[1]
[Amended 8-27-2008 by Ord. No. 487]
(3)
Upon approval of the plans and specifications, one set of each, so
marked, will be returned to the applicant and must be kept on the
site with the permit during construction and shall be available at
all times to the Building Inspector as well as any elected Borough
official. No changes are permitted without the prior approval of the
Building Inspector.
B.
The Building Inspector shall, before approval of any plans, make
certain that they comply with all requirements of this chapter, the
Parkside Building Code, the Parkside Plumbing Code, the Parkside Electrical
Code, the Parkside Zoning Code[2] and any and all other applicable ordinances of the Borough
of Parkside.
C.
The Council of the Borough of Parkside may, from time to time, revise
the aforementioned fee schedule by resolution.
A.
All swimming pools shall be of sound construction of durable materials
so as to be structurally sound, watertight and easily cleaned. Where
necessary, suitable footing may be required by the Building Inspector.
Outlets and drains shall permit the pool to be completely drained
in a manner that does not adversely affect either the public sanitary
sewer or the storm sewer system or the adjacent property owners. All
swimming pools shall be constructed and designed and maintained and
operated so as to be clean and sanitary at all times. The owner of
every private swimming pool shall have the responsibility to properly
maintain the pool and to prevent any breaks in the chassis or overflow
of water onto adjacent property.
B.
Damage to the property of others, caused by breaks in the chassis
and/or the overflow of swimming pool water shall be paid for by the
owner/operator of the swimming pool.
There shall be absolutely no physical connection between any
public or private water supply system and any private swimming pool
at any point.
The discharge of water from any private swimming pool into the
sanitary sewer system shall be permitted only after a plumbing permit
for the same has been issued by DELCORA. Wherever possible, the water
shall be discharged into a storm sewer or otherwise disposed of by
the owner. In no event shall any discharge be permitted between November
1 and March 1 of any year. Any damage caused by the discharge of any
water, in any amount, by accident or design, from a swimming pool
shall be paid for by the owner of the swimming pool. Such discharge
shall be considered a violation of this chapter, and a citation may
be issued against the owner of the swimming pool.
A.
No in-ground swimming pool shall be located closer than five feet
to a property line nor less than eight feet from a residence and shall
not be constructed in the front yard of any property or the side yard
of any corner property. No aboveground swimming pool shall be constructed
closer than five feet to a residence and shall not be constructed
in the front yard of any property or the side yard of any corner property.
Accessory buildings or other facilities or equipment shall conform
to the requirements and setbacks of all Borough codes.
B.
Portable swimming pools may be erected and used in any area protected
by a swimming pool fence. They may also be erected and used in other
areas of a property including the front yard area when properly supervised.
However, it is a violation of this chapter to leave an assembled portable
pool, with water in it or without, in the front yard area of a property
between the hours of dusk and dawn unless the pool is being actively
used, it is also a violation of this chapter to leave the unassembled
parts of a portable pool in the front yard area of a property between
the hours of dusk and dawn.
A.
Every in-ground swimming pool and aboveground swimming pool shall
be completely surrounded by a swimming pool fence. Access to a pool
surrounded by a swimming pool fence shall be by a gate or gates which
shall be kept locked at all times when said pool is not in use by
the owner, family or invited guests. The fence is to be no less than
four feet in height when the pool location is no less than five feet
from the property line or lines. In the case of aboveground pools
located less than five feet from any property line the height of the
fence will be not less than six feet. No in-ground or aboveground
swimming pool will be placed in operation or have standing water placed
in the pool until the Building Inspector finds complete compliance
with this section. If required fencing becomes damaged or falls into
disrepair or no longer meets the requirements of this section, the
Building Inspector shall direct the swimming pool in question to be
drained of swimming pool water or to be covered with a cover of sufficient
strength to insure the safety of potential users of the swimming pool.
B.
Portable swimming pools are not mandated to be surrounded by a swimming
pool fence when they are actively being used and/or have swimming
pool water in them, but at such times when not isolated from the public
by a required fence, a portable pool must be under the constant supervision
of an adult 18 years old or older. It is a violation of this chapter
for the owner of a portable swimming pool to leave a portable pool
unattended when it has water of any depth in it or is being used as
a pool and it is not protected by a swimming pool fence.
No artificial lighting shall be maintained or operated in connection
with a private swimming pool in such a manner or location as to present
a nuisance or annoyance to adjacent properties.
A.
Every private swimming pool existing within the Borough of Parkside
shall at all times comply with any requirements of the Parkside Health
Officer. Any nuisance to health which may develop or exist in connection
with any such private swimming pool shall be promptly abated or removed
by the owner or lessee of the premises on which said pool is located
within 10 days of receipt of a notice from either the Building Inspector
or the Parkside Health Officer. The Building Inspector and Health
Officer are hereby ordered and authorized to enter any premises or
any building or other structure for the performance of their duties
or to ascertain compliance with this chapter.
B.
If, in the opinion of the Building Inspector and/or Health Officer,
there is a clear and present danger to the public due to stagnant
swimming pool water or the absence of a required fence or any other
proper reason, the swimming pool water can be ordered to be drained
immediately and/or the area of the pool secured until the swimming
pool is brought into Code compliance.
A.
Whenever the owner of any proposed or existing swimming pool objects
to the decision of the Building Inspector concerning any aspect of
the construction, reconstruction, alteration or operation or maintenance
of any swimming pool, such owner may appeal to the Public Safety Committee
of the Borough Council. Such appeal shall be in writing, shall state
in full the details of the particular decision or decisions to which
he or she objects and shall include the reasons for the objections.
The person appealing shall have the right to appear in person and
to be heard if he or she so states on his or her appeal.
B.
A prompt decision of such appeal shall be made by the Public Safety
Committee and shall be duly recorded and presented as a recommendation
for the final decision by the Parkside Borough Council.
Any owner or other person who shall violate any provisions of
this chapter shall, upon conviction before a District Justice, be
sentenced to pay a fine not less than $150 nor more than $300 for
the first offense, not less than $300 nor more than $600 for the second
offense, and not less than $300 nor more than $600 for subsequent
offenses committed within a period of one year, plus court costs in
all cases. In default of payment of the fine and/or costs, the guilty
party shall be committed to the county prison for not more than 30
days. Each day in which a violation shall continue shall constitute
a new violation and separate offense, punishable by a separate fine
or imprisonment.
