[Ord. 694, 10/6/2003, § 1]
As used in this Part, "swimming pool" or "pool" is hereby defined
as an outdoor swimming pool used or intended to be used solely by
the owner of a residential property, his family, or the lessee thereof
and his family, and by guests invited to use it without the payment
of any fee.
[Ord. 694, 10/6/2003, § 2]
This Part shall apply to all new outdoor swimming pools hereinafter
constructed as well as existing swimming pools whether aboveground
or in the ground and having a depth of 18 inches or more at any one
point.
[Ord. 694, 10/6/2003, § 3]
1. Before any work is commenced on the construction of a swimming pool
or on any alteration, addition, remodeling or other improvement to
a swimming pool, an application for a permit for construction, together
with plans and specifications pertinent to the construction, as well
as explanatory data, shall be submitted to the Borough's Code
Enforcement Officer. No part of the work shall be commenced until
approval has been granted the applicant by a written permit. The fee
for such permit shall be fixed pursuant to a resolution of the Borough
Council.
2. All plans, including a plot plan, shall bear the name and seal of
a registered architect, engineer or surveyor. The plot plan shall
show the location of all buildings and the proposed pool on the property,
distances to all property lines in the immediate vicinity of the swimming
pool and dwelling, and the location of wells, sewage disposal systems
and proposed enclosure or fence around the pool.
3. Standard pools, property designed by established swimming pool companies
and having the approval of a registered engineer or registered architect
shall be acceptable when accompanied by suitable plans and specifications,
including information as stated herein.
[Ord. 694, 10/6/2003, § 4]
1. Every swimming pool shall be completely surrounded by a fence, wall
or similar enclosure not less than four feet in height, which shall
be so constructed as to have no openings, holes or gaps larger than
two inches in any dimension. If the fence or wall is a picket fence,
the horizontal dimensions maintained shall not exceed four inches.
A dwelling or accessory building may be used as part of such enclosure.
2. All gates or door openings through such enclosure shall be equipped
with a self-closing, self-latching device on the pool side for keeping
the gate or door securely closed at all times when not in use, except
that the door of any dwelling or accessory building which forms a
part of the enclosure need not be so equipped. The fence shall surround
the pool and the deck area. Fences shall be erected around all existing
swimming pools before any use of the swimming pool.
[Ord. 694, 10/6/2003, § 5]
1. A swimming pool shall be located at the rear of a dwelling or along
the side of the dwelling where practical.
2. There shall be a minimum of three feet of concrete, stone, brick
or block sidewalk or other all weather surface around all pools, except
portable aboveground pools.
3. No swimming pool or appurtenances including decks and shelters shall be erected nearer to any property line than permitted by Chapter
27, Zoning.
4. No swimming pool shall be so located as to interfere with the operation
of a well or on-site septic system, or to be located where there is
potential danger of a septic system discharging into the pool or onto
the adjacent area around the pool.
[Ord. 694, 10/6/2003, § 6]
No permit to construct new swimming pools (existing pools are
excluded from this section) shall be issued unless and until the following
design and construction requirements are observed.
A. Material. The material used for lining a swimming pool shall be light
in color, impervious and shall provide a tight tank with easily cleaned
surfaces. Sand and dirt bottoms are prohibited if uncovered.
B. Walls and Bottom. All pool walls shall be designated to withstand
water pressure from within and to resist the pressure of earth or
ground water when the pool is empty.
C. Steps, Ladders, Handholds. One or more steps, ladders, stepholes
or handholds shall be provided for all pools. The coping of the swimming
pool, if not higher than eight inches above the water surface, shall
be considered a handhold.
D. Make-Up Water. Pools shall be equipped with suitable facilities for
adding make-up water as required. There shall be no physical connection
between the water supply line and the pool system. When make-up water
is added to the pool, the inlet shall be at least six inches above
the pool water surface.
E. Drainage Outlet. No pool water shall be drained at the curb, along
the gutter line of any street or on the surface of any street.
F. Recirculation. Provision shall be made for complete recirculation
of water throughout the pool. The system shall be designed and constructed
so that a turnaround at least once every twelve-hour period shall
be provided. Recirculation systems shall consist of pumping equipment,
hair-and-lint catcher, filters, together with all necessary pipe connections
to the pool inlets and outlets, facilities and pipe connections necessary
for backwashing or cleaning filters.
G. Safety Equipment. Life preservers, ropes and poles shall be readily
available at the pool site.
[Ord. 694, 10/6/2003, § 7]
1. Aboveground pools are not subject to the fee schedules nor the design
and requirements as set forth herein. However, all such pools having
walls less than four feet shall be enclosed in accordance with the
provisions of this Part.
2. Portable aboveground pools having walls of four feet or greater in height may be excluded from the fencing requirement provided such pools are equipped with access ladders which may be raised and locked in a near vertical position when the pool is unattended. An aboveground pool as described in this subsection which is served by a ladder or steps which cannot be raised and locked so as to prevent access by small children shall be enclosed in accordance with §
23-103.
[Ord. 694, 10/6/2003, § 8]
No swimming pool shall be so located or maintained as to interfere
unduly with the enjoyment of the property rights of others.
[Ord. 694, 10/6/2003, § 9]
Lights used to illuminate any swimming pool shall be so arranged
as to reflect light away from adjoining premises.
[Ord. 694, 10/6/2003, § 10]
It shall be unlawful for any person to make, continue or cause
to be made or continued at any swimming pool, any loud, unnecessary
or unusual noise which disturbs, injures or endangers the comfort,
health, peace or safety of others. The use or operation of any radio,
musical instrument, phonograph, recording equipment, or other machine
or device for the producing or reproducing of sound in such a manner
as to disturb the peace, quiet and comfort of neighboring inhabitants
or at any time with volume louder than is necessary for convenient
hearing of persons at the swimming pool site shall be unlawful.
[Ord. 694, 10/6/2003, § 11]
1. All electrical installations shall conform to the specifications
of the Borough's existing building code specifications of the
Borough's existing building code. No electrical wires or conductors
shall cross, either overhead or underground, on any part of a swimming
pool.
2. All underwater lights must be watertight, self-contained units with
ground connections running from a waterproof junction box to a proper
grounding facility or medium. All underground electric wires supplying
current to said lights within a distance of five feet of the pool
wall or walls shall be enclosed in rigid conduits. All metal fences,
enclosures or railings, near or adjacent to a swimming pool, which
might become electrically charged as a result of contact with broken
overhead conductors, or from any other cause, shall be effectively
grounded.
[Ord. 694, 10/6/2003, § 12]
Any existing pool which does not comply with the provisions
of this Part of which, in the opinion of the Borough Code Enforcement
Officer, creates a safety hazard, nuisance and/or unsightly and dilapidated
condition, shall be removed within five days of the Code Enforcement
Officer providing written notice to the property owner that the condition
of the pool requires removal and/or remediations.
[Ord. 694, 10/6/2003, § 13; as amended by Ord.
702, 9/12/2005]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this Part continues or each section
of this Part which shall be found to have been violated shall constitute
a separate offense.