The words, terms or phrases hereinafter listed
in this chapter shall be defined and interpreted as follows:
CONSTRUCT
Includes the construction, building, erection, creation,
installation, placing or maintaining of a new swimming pool, portable
pool or wading pool, as herein defined, or the enlargement of an existing
pool as aforesaid or of any of its facilities.
LICENSE
The written authorization by the municipality to use, maintain
or operate a swimming pool, as herein defined.
PERMIT
The written authorization by the municipality or its agents
to any person to construct or install a swimming pool, as herein defined.
PERSON
Includes natural persons, corporations, companies, associations,
partnerships and joint-stock companies.
PORTABLE POOL
Includes any above-land-surface swimming, bathing or wading
pool that is constructed of canvas, rubber, plastic or other material
which is not designed or intended to be stationary or permanently
fixed, but one which is so designed, manufactured, constructed and
intended as to be removable and storable.
SWIMMING POOL
Outdoor pools above or below grade level, including those
which are artificially constructed at a fixed location as well as
portable pools, and which are installed, constructed, established,
placed and used to provide recreational facilities for swimming, bathing
or wading, and all buildings, equipment and appurtenances thereto
which are below the surface of the adjacent land and those which are
above the surface, or partly above the surface and partly below the
surface, and have a capacity of more than 300 gallons.
[Amended 8-3-1965 by Ord. No. 195]
WADING POOL
Includes an outdoor pool above or below grade level, including
those which are artificially constructed at a fixed location as well
as portable pools, which is installed, constructed, established, placed
and used to provide recreational facilities for bathing and wading
but not intended for swimming, including all buildings, equipment
and appurtenances thereto, and the depth of which is less than that
of the pools described in this section.
[Amended 8-3-1965 by Ord. No. 195]
It shall be unlawful hereafter for any person
to construct, maintain, install, create or place any swimming, bathing
or wading pool, which is more than 300 gallons in capacity, whether
at a fixed location or portable pool, as herein defined, in the municipality,
without first having complied with the provisions of this chapter.
Upon the filing of an application for a permit
hereunder, properly executed, the Construction Code Official or other
designated Borough official shall act upon the same in the following
manner:
A. Approve the application as submitted and cause a permit
to be issued therefor; or
B. Approve the application subject to any correction,
modifications or additional information required to be furnished in
order to assure proper compliance with the provisions of this chapter,
and upon receipt of such amended application the Construction Code
Official shall issue such permit; or
C. Reject the application when it is determined that
a permit should not be issued; in case of such a rejection, the applicant
may appeal therefrom in the manner hereinafter provided.
[Amended 8-3-1965 by Ord.
No. 195; 10-24-2017 by Ord. No. 17-16]
Requirements for fences around swimming, bathing or wading pools
are controlled by the provisions of the Uniform Construction Code,
and it shall be a requirement to pay the necessary expenses for a
Uniform Construction Code permit in addition to this application and
zoning permit.
An appeal from the refusal by the Construction
Code Official or other designated Borough official to grant a permit
under this chapter may be made to the Mayor and Borough Council, provided
that an appeal is filed with the Borough Clerk within 15 days from
the denial of a permit by the Construction Code Official.
[Amended 8-3-1965 by Ord. No. 195; 3-17-1970 by Ord. No.
238; 3-2-2010 by Ord. No. 10-04]
Any person or persons violating any of the provisions of this chapter shall, upon conviction, be subject to the penalty as provided in §
1-15, General penalty, of this Code.