[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.
A.
BOROUGH
BUILDING INSPECTOR
PERSON
SWIMMING POOL
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.
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.
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.
B.
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.
A.
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:
(1)
Plot plan, elevations with dimensions all drawn to scale
of not less than 1/8 inch to the foot.
(2)
Pool dimensions, depths and volume in gallons.
(3)
Pipe and size of filter system, filtration and backwash
capacity or cleaning system where the filter has no backwashing facility.
(4)
Pool piping, layout, with all pipe sizes shown, and the
types of material to be used and manner of filling.
(5)
Rates, capacity and head of filtration and backwash flows
of the pump in gallons per minute with the size and type of motor.
(6)
Location and type of waste disposal system.
B.
Every such application shall be accompanied by one copy
of the manufacturer's specifications for the recirculatory system.
C.
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.
D.
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,[1] 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.
A.
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.
B.
All aboveground pools shall be equipped with a safety
ladder, which shall be removed from the pool when the pool is not in use.
A.
No water other than that secured from the public water
works distribution system shall be used in any swimming pool.
B.
The swimming pool shall be separated from the municipal
water supply by means of a six-inch air gap.
C.
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.
D.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
