[HISTORY: Adopted by the Board of Supervisors of the Township of East Allen 11-20-2013 by Ord. No. 2013-07.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Construction standards — See Ch. 87.
Water — See Ch. 242.
Zoning — See Ch. 250.
[1]
Editor's Note: This ordinance also provided for the repeal of former Ch. 216, Swimming Pools, adopted 3-10-1983 by Ord. No. 83-1, as amended.
As used in this chapter, the following terms shall have the meanings indicated:
PRIVATE
Includes all pools which are used, or intended to be used, as swimming pools in connection with residences, and available only to the family of the householder and his private guests.
SWIMMING POOL
Any structure intended for swimming or recreational bathing that contains water over 24 inches deep. This includes in-ground, aboveground and on-ground swimming pools, hot tubs and spas.
No person shall construct, maintain, operate and/or use any private swimming pool within the limits of the Township of East Allen except in compliance with all of the provisions of this chapter and Chapter 250, Zoning, of East Allen Township.
A. 
Before any construction, including structural alteration or partial or complete relocation, is begun on any swimming pool, the following shall be submitted to the Township of East Allen and approved by same, in writing:
(1) 
Plot plan, drawn to a scale of one inch equals 10 feet, showing all existing structures, including the location of the proposed pool.
(2) 
Specifications, showing or describing details of construction, including fencing requirements called for by the provisions of this chapter.
B. 
Each application for approval required by Subsection A above shall be accompanied by a permit fee, which fee shall be established, from time to time, by the Board of Supervisors of East Allen Township.
A. 
Location. No portion of the water surface area of any swimming pool shall be located within the minimum required rear yard, front yard or side yard as the same are established for the various classes of districts in Chapter 250, Zoning.
B. 
Barrier requirements. Every swimming pool or the premises upon which such swimming pool is located shall be completely protected by a fence or wall (excluding snow fence or barbed wire), in compliance with the specifications of the currently effective version of the UCC Building Codes.
The properly designated Township official shall have the right at any reasonable time to inspect any swimming pool or premises for the purpose of determining that all of the provisions of this chapter are fulfilled and complied with, and he shall be authorized to go upon the land or property where such swimming pool is being maintained. The maintenance of such swimming pool, whether by the landowner, his lessee, guests or otherwise, or any person occupying or in possession of the premises, shall constitute implied consent for the said official to make such inspections.
In any case where a provision of this chapter is found to be in conflict with a provision of Chapter 250, Zoning, of East Allen Township or any statute or act of the Commonwealth of Pennsylvania, existing on or after the effective date of this chapter, the provision which established the higher standard for the promotion and protection of the health and safety of the people shall prevail.
A. 
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. Said person shall completely drain the swimming pool until the necessary corrections have been made and approved by the properly designated Township official.
B. 
In addition, any improper or incorrect installation, operation, maintenance or use in violation of the provisions of this chapter shall also constitute a nuisance, and the Township may, in addition to the penalty provisions hereof, cause the abatement of such nuisance by means of proper court action.
This chapter shall be applied both prospectively and retroactively so that any swimming pool in existence prior to the adoption of this chapter which does not comply with this chapter shall be subject to the terms, provisions and requirements of this chapter as if said swimming pool had been constructed subsequent to the adoption of this chapter.