[HISTORY: Adopted by the Board of Commissioners
of the Township of Tinicum 3-12-1962 by Ord. No. 324. Amendments noted where
applicable.]
Unless otherwise expressly stated, the following
words shall, for the purpose of this chapter, have the meanings herein
indicated:
An enclosure. Such enclosure shall be constructed of wood
or metal with apertures no longer than three inches, equipped with
a self-closing gate and complete with a key-operated lock.
[Amended 4-21-1975 by Ord. No. 474; 7-21-1975 by Ord. No.
476]
The spreading at the base or bottom of a wall or other construction.
The area of a lot lying between the street and the residence
setback line, extending across the full width of the lot and/or depth
of a corner lot.
Any installation where the depth of the pool is greater than
two feet below the adjacent ground at any point surrounding the pool
area.
[Added 7-21-1975 by Ord. No. 476]
Any installation where the depth of the pool is on, above
or less than two feet below the adjacent ground at any point surrounding
the pool area.
[Added 7-21-1975 by Ord. No. 476]
Any person, copartnership, association, firm or corporation.
Any body of water, tank or receptacle for water, whether
artificially or semi-artificially constructed or portable, having
a depth at any point greater than two feet, used or intended to be
used for swimming or bathing solely by the owner, his family and guests
of the household; and constructed, installed, established or maintained
outside any building, in the ground or above the ground, upon any
premises, as an accessory use to the residence. Portable wading pools
under two feet in depth are excluded herefrom.
[Amended 7-21-1975 by Ord. No. 476]
Any artificially constructed pool not designated or used
for swimming, with a maximum depth of less than two feet.
It shall be unlawful for any person to construct, install, establish or maintain, or alter, remodel or reconstruct a private swimming pool or wading pool as herein defined without having obtained a permit therefor as prescribed in § 341-3 herein. However, no permit shall be required for a wading pool of the portable type with a maximum depth of less than two feet.
Application for permits shall be submitted to
the Township Code Enforcement Officer, together with two sets of plans
and specifications setting forth the details, area and depth of the
proposed construction in all of its parts, together with a plot plan
showing the location of the pool on the lot, the location of buildings
on the lot, the fencing, existing and planned and the height and aperture
dimensions thereof, and all open spaces required by this chapter,
drawn to scale and dimensioned. Fee for permit shall be the fee for
an alteration or addition to a building of the class which includes
the dominant structure on the premises, as set forth in the currently
applicable schedule of building permit fees, plus plumbing permit
fee for applicable connections. Upon approval of plans and specifications
by the Code Enforcement Officer, one set of each so marked will be
returned to the applicant and must be kept on the site with the permit
and be available at all times to the Code Enforcement Officer or other
officers of the Township. No change in the same shall be made without
notification to and approval by the Code Enforcement Officer.
A.
The Code Enforcement Officer shall make such determinations
of the plans and specifications submitted to assure the compliance
with all requirements of this chapter, the building code[1] and Chapter 395, Zoning. He shall determine the mode of construction to make certain the contemplated work is structurally sound. Where necessary, he shall require suitable footings.
B.
The Plumbing Inspector shall determine that the method
or manner of emptying the pool and the connections of such drain to
the sanitary sewer, storm sewer, open stream or upon the land is not
contrary to the public interest nor to the proper maintenance of the
public sanitary sewer system or storm sewer system nor to other property
owners.
C.
After investigation and, if he deems it necessary,
upon advice of the Township Engineer, the Code Enforcement Officer
shall issue such permit.
All swimming pools shall be constructed of materials
so that they shall be waterproof and easily cleaned. Construction
and design shall be such that they may be maintained and operated
as to be clean and sanitary at all times. The owner of every private
swimming pool shall be responsible to maintain said pool in such condition
as to prevent breaks in the pool chassis or water from the pool overflowing
onto adjacent property. Footings shall be provided to adequately carry
the proposed structure. If concrete blocks are used in construction,
they must be laid with masonry wall reinforcement (Dur-O-Wal®
or equal) every second course of blocks. There must be a minimum footing
under block walls and poured concrete walls of eight by 14 inches
with two reinforcing rods 3/8 inch diameter.
There shall be no physical connection between
a potable public or private water supply system and any private swimming
pool or wading pools at a point below the maximum waterline of the
pool, or to a recirculating or heating system of said pool.
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 in accordance with
the Township plumbing code[1] and such other applicable Township ordinances. Approval
of an application shall not be given if it is feasible to discharge
water from a pool into a storm sewer or stream, or to use such water
for lawn sprinkling.
Where approval is obtained to discharge water
from a private swimming pool or wading pool into the sanitary sewage
system, the owner, lessee or occupant of said pool may discharge the
water only at the time or times designated and allocated by the Plumbing
Inspector and endorsed on the permit. Such allocations may be changed
by the Township Commissioners or the Plumbing Inspector from time
to time. Permission to discharge into the sanitary sewer system may
be withdrawn at any time that another method of discharge becomes
feasible, in which event conversion to the alternative method of discharge
shall be completed, at the property owner's expense, within 60 days
after notice to cease discharging into the sanitary sewer system.
The purpose of this requirement is to prevent a strain upon the sanitary
sewer system by controlling and distributing the discharge of water.
[Amended 7-21-1975 by Ord. No. 476]
No private swimming pool shall be constructed
closer than five feet to any side property line, eight feet to any
rear property line or eight feet to any dwelling or building; nor
shall any private swimming pool be constructed in the front yard of
any property. Accessory buildings such as locker rooms, bathhouses,
cabanas, shower rooms, toilets and other physical facilities, or equipment
incident to the operation of any private swimming pool, shall conform
to the requirements of the Township building code[1] and Chapter 395, Zoning.
[Amended 7-21-1975 by Ord. No. 476]
Every private in-the-ground swimming pool shall
be completely surrounded by a fence, at least six feet in height.
Every private out-of-the-ground swimming pool shall be completely
surrounded by a fence at least four feet in height. Every person maintaining
a private swimming pool shall keep the gate closed and securely locked
at all times when said pool is not in use by the person maintaining
the same, his family or his guests.
No artificial lighting shall be maintained or
operated in connection with private swimming pools in such a manner
as to be a nuisance or an annoyance to neighboring properties. No
pool shall be used until the applicant for permit has produced proof
that the lighting and wiring, as installed, have been inspected and
approved by the Middle Department Association of Fire Underwriters.
Presently existing private swimming pools shall be brought to the standards set by §§ 341-6, 341-7, 341-8, 341-10 and 341-11 of this chapter not later than August 1962. Such pools shall be inspected for compliance as soon after that date as practical. Inspection fees therefor shall be the same as permit fees set forth in § 341-3.
A.
Every private swimming pool constructed, installed,
established or maintained or to be constructed, installed, established
or maintained in the Township of Tinicum shall at all times comply
with the requirements of the local Health Officer. Any nuisance or
hazard to health which may exist or develop in, or in consequence
of or in connection with any such private swimming pool shall be abated
and removed by the owner, lessee or occupant of the premises on which
said pool is located within 10 days of receipt of notice from the
Code Enforcement Officer or Health Officer of the Township of Tinicum.
It shall be the duty of the Code Enforcement Officer and the Health
Officer, respectively, to enforce the provisions of this chapter.
B.
The Code Enforcement Officer and/or Health Officer
or any of their assistants or deputies shall have the right to enter
any premises or any building or other structure for the performance
of their duties to ascertain compliance with this chapter.
Whenever the owner of any swimming pool about
to be or in the course of being erected or altered excepts to the
decision of the Code Enforcement Officer in refusing to approve the
issuance of a permit or in refusing to approve the manner of construction
or the kinds of materials to be used in the construction or alteration,
or to his decision as to its safety or its compliance with the provisions
of this chapter, such owners or their duly authorized attorney or
agent may within 10 days after such decision appeal therefrom to the
Board of Township Commissioners. Such appeal shall be in writing,
shall state the decision of the Code Enforcement Officer and the reasons
for the exception taken thereto, shall be verified by affidavit and
shall be filed with the Township Secretary. The person appealing shall
have the right to appear and to be heard if he states his desire so
to do in his written appeal. A prompt decision of such appeal shall
be made by the Board of Commissioners and shall be duly recorded,
and the decision shall be final.
Any owner or other person who shall construct,
alter, repair or maintain any swimming pool without a permit as required
by this chapter first having been obtained, or who shall fail to comply
with any regulation, order or direction of the Code Enforcement Officer
or who shall in any way violate any of the provisions of this chapter
shall, upon conviction thereof before a Magisterial District Judge
of the Township of Tinicum, be sentenced to pay a fine of not less
than $10 nor more than $600, plus costs of prosecution, and, in default
of payment of such fine and costs, to imprisonment in the county jail
for a period not exceeding 30 days. Whenever such person shall have
been notified by the Code Enforcement Officer or by service of summons
in a prosecution that he is committing a violation of this chapter,
each day in which he shall continue such violation after such notification
shall constitute a separate offense, punishable by like fine or penalty.
