[HISTORY: Adopted by the Council of the Borough of Baden 3-15-1978 by Ord. No. 703. Amendments noted where applicable.]
The provisions of this chapter shall be known as the "Private Residential Swimming Pool Ordinance" and shall be deemed presumptively to provide for all matters affecting or relating to the location, design, construction, equipment, maintenance, alteration, repair and operation of private residential swimming pools constructed within the Borough.
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein.
- The Borough of Baden, County of Beaver, Commonwealth of Pennsylvania.
- BUILDING INSPECTOR
- The Building Inspector of the Borough of Baden, County of Beaver, Commonwealth of Pennsylvania.
- Any person, firm, partnership, association, corporation, company or any other organization of any kind.
- SWIMMING POOL
- Any private residential swimming pool permanently constructed as a receptacle for water or any artificial body of water, together with all appurtenant equipment, which has a depth at any point of more than 23 inches or a surface area exceeding 100 square feet and which is intended or used for the total or partial immersion therein of human beings for recreational purposes and which is permanently or indefinitely located, constructed or installed in or above the ground outside of any building used as a family residence or which is intended to be used as a swimming pool in connection with such family residence and which is to be available only to the owner or occupant of such residence and his or her family and guests and for which use no admission is charged. The twenty-three-inch depth quoted herein is defined as the depth from the floor of the swimming pool at any point to the top of any wall, regardless of the depth of the water. A swimming pool with a sidewall height in excess of 23 inches is therefore covered by this chapter, even though only filled with 23 inches or less of water.
Word usage. The word "shall" as used herein is to be construed as mandatory and not directory.
Every swimming pool as herein defined, constructed, installed, altered, maintained or operated after the effective date of this chapter shall comply with all applicable provisions of this chapter.
The provisions of this chapter shall apply to all swimming pools located in the Borough, whether previously or hereafter constructed; provided, however, that with regard to any such swimming pool which has been constructed or substantially constructed at the time of the enactment of this chapter, the provisions of §§ 166-10 and 166-11 shall not apply, except to such additions or other alterations as may hereafter be made thereto, and conformity to the remaining provisions of this chapter, in regard to previously constructed or substantially constructed swimming pools at the time of enactment of this chapter, shall not be required until 60 days after the enactment hereof or such longer period as may be allowed, upon written request, by the Building Inspector, subject to the approval of the Council of the Borough of Baden.
No swimming pool shall hereafter be constructed, installed, enlarged or altered, unless a building permit shall first be issued therefor by the Building Inspector of the Borough, which permit shall be issued if, but only if, the proposed swimming pool or alteration is in conformity with the requirements of this chapter, with all other relevant ordinances of the Borough of Baden and with all applicable requirements of the Department of Environmental Resources of the Commonwealth of Pennsylvania. A fee of $15 shall be paid to the Borough for each such permit prior to the issuance thereof.
Every application for a permit to construct or alter any in-ground swimming pool shall be accompanied by a plan, in duplicate, on paper or cloth, prepared in ink or by other process so as not to fade, smear or obliterate and in sufficient detail to show all of the following:
Plot plan, elevations with dimensions all drawn to scale of not less than 1/8 inch to the foot.
Pool dimensions, depths and volume in gallons.
Pipe and size of filter system, filtration and backwash capacity or cleaning system where the filter has no backwashing facility.
Pool piping, layout, with all pipe sizes shown, and the types of material to be used and manner of filling.
Rates, capacity and head of filtration and backwash flows of the pump in gallons per minute with the size and type of motor.
Location and type of waste disposal system.
Every such application shall be accompanied by one copy of the manufacturer's specifications for the recirculatory system.
Every such application shall be accompanied by detailed drawings of equipment, if any, to be connected to the Borough sewer lines, which shall show that such equipment and connections will comply with the plumbing provisions of Borough and county ordinances.
Every in-ground swimming pool, including water supply and drainage systems and other appurtenances and equipment, shall be constructed or installed in accordance with the plans submitted to and approved by the Building Inspector of the Borough pursuant to the provisions of this chapter, and no deviation shall be made from such plans unless supplementary plans relating thereto, conforming to the provisions of this chapter, are submitted for approval.
No in-ground swimming pool, regardless of when constructed or installed, shall be operated or used unless a permit for such operation has been issued by the Building Inspector, which permit shall be issued if, but only if, such swimming pool and its operation conform to the applicable requirements and conditions of this chapter and of all other applicable ordinances of the Borough and to all relevant requirements of the Department of Environmental Resources of the Commonwealth of Pennsylvania.
No swimming pool or equipment thereof shall be connected to the Borough sewer lines unless a permit for that purpose shall first have been issued by the Building Inspector.
All swimming pools may be inspected periodically by the Building Inspector of the Borough to determine whether the provisions of this chapter are being complied with, and the owners of any such swimming pools shall permit the designated agents of the Building Inspector to have access thereto at reasonable times for that purpose. Any permit issued pursuant to the provisions of this chapter shall be suspended or revoked by the Building Inspector of the Borough in the event that a violation of any of the requirements or conditions imposed by this chapter is determined by him to have occurred.
All swimming pools, including walkways, pumps and filters, shall be treated as accessory buildings, as defined under the Borough's Comprehensive Zoning Ordinance, and shall be treated accordingly.
The slope of the bottom of any swimming pool shall not exceed one foot in each six feet at any point at which the depth of the water is less than five feet. At the point at which the depth of the water becomes greater than five feet, corrosion-resistant fasteners shall be securely installed in the walls or coping on opposite sides of the pool, and a lifeline with floats not more than five feet apart shall be attached thereto.
Every in-ground swimming pool, including those now existing or under construction, shall be separated entirely from public thoroughfares and neighboring properties by a securely constructed and installed fence having a height at all points of at least five feet above the grade level. No hole or other openings in such a fence, other than regular points of entry, shall have both a length and width in excess of two inches. All points of entry into the area of the swimming pool shall be equipped with a secure gate having a lock operated by a key for keeping the gate closed and locked at all times when the pool is not in use; provided, however, that the door of any dwelling house which forms a part of the fence need not be so equipped.
All aboveground pools shall be equipped with a safety ladder, which shall be removed from the pool when the pool is not in use.
No water other than that secured from the public water works distribution system shall be used in any swimming pool.
The swimming pool shall be separated from the municipal water supply by means of a six-inch air gap.
There shall be a means of water renewal with all swimming pools. The means of water renewal for all swimming pools shall be either of the fill-and-draw system or of some mechanical filtration system. Whichever system is used, the system shall be capable of maintaining a clean and sanitary condition at all times and be subject to inspection by the Building Inspector.
Approval, which shall be in writing, may be given by the Building Inspector to discharge water at the curb or upon the surface of any street if, in the opinion of the Building Inspector, no damage will be done by the discharge of water to the street or to any abutting properties. No water shall be discharged if any damage to the street or any abutting properties may result.
Materials used in the construction of all swimming pools shall be waterproofed, and the owner of any swimming pool shall maintain said pool in such condition as to prevent breaks in the pool chase or water from overflowing into adjacent public or private property.
All swimming pools shall be so maintained and operated so that the amount of excess or residual chlorine in all parts of the contents of the pool when such pool is in use shall not be less than 3/10 part per million. The owner of any pool may adopt such means of chlorination as will guarantee adherence to the provisions of this section and, upon failure to install and maintain such means or to use them in an effective manner, the Building Inspector shall direct the owner of such pool to discontinue the use thereof.
All lighting used to illuminate any pool shall be so arranged and shaded as to reflect light away from adjoining premises. All underwater lighting shall, at the time of installation, comply with the equipment, installation and maintenance standards of the Electrical Inspection Bureau of the Middle Department Association of Fire Underwriters, and a duplicate copy of any inspection reports made by such an agency or its successors shall be filed within 30 days of its receipt with the Zoning Officer by the owner of any pool.
All electric wiring installed shall be installed and used in conjunction with swimming pools in conformity with National Electric Code Standards, and the materials used or installed shall be as approved by the National Underwriters Laboratory.
No electric wires or conductors shall be installed or permitted to remain in such a position as to cross, either overhead or underground, any part of a swimming pool. Nor shall any electric wiring be installed parallel to any pool wall closer than five feet thereto, except if such wiring is both located underground and enclosed in rigid conduits.
All underwater lights shall be watertight self-contained units, each with its own ground connection running from a waterproofed junction box to a proper grounding facility or medium approved by the Electrical Inspection Bureau of the Middle Department Association of Fire Underwriters. All underground electric wires supplying current to such light or lights must be enclosed in rigid conduits.
All metal fences, enclosures or railings which are located near or adjacent to swimming pools and which might become electrically alive as a result of a contact with broken overhead conductors or from any other cause shall be effectively grounded.
Every swimming pool shall be equipped with one or more throw ring buoys not more than 18 inches in diameter and fitted with a one-fourth-inch manila line or the equivalent thereof, having a length equal to the diagonal distance of the pool as taken from the corners at opposite ends.
The installation of diving boards and the water depth underneath said diving boards shall comply in all particulars with the regulations governing public bathing places as set forth in the bathing place manual of the Commonwealth of Pennsylvania, Department of Environmental Resources.
All swimming pools shall be maintained in a clean and sanitary condition in compliance with all applicable regulations of the Department of Environmental Resources of the Commonwealth of Pennsylvania, and all equipment shall be maintained in a satisfactory operating condition during the period of time when the pool is in use.
Any swimming pool left unattended for a period in excess of 48 hours shall be covered with a protective cover of such a type as to reasonably safeguard against accidental fall into the pool.
Regardless of the provisions of any other section of this chapter and regardless of any permits which may be issued hereunder, no swimming pool shall be used, kept, maintained or operated in the Borough if such use, keeping, maintaining or operating thereof is at any time determined to constitute a nuisance or to be unreasonably dangerous to life or detrimental to health.
[Amended 5-15-1985 by Ord. No. 759]
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $300 and costs of such proceedings or, upon default of payment of such fine and costs, by imprisonment in the county jail for a term of not more than 30 days.