[HISTORY: Adopted by the City Council of the City of DuBois as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-24-1995 by Ord. No. 1544 (Ch. 23, Part 1, of the 1995 Code)]
As used in this article, the following terms shall have the meanings indicated:
- SWIMMING POOL or POOL
- An outdoor swimming pool used or intended to be used solely by the owner of a residential property, his family, or lessee thereof and his family, and by guests invited to use it without the payment of any fee.
This article shall apply to all new outdoor swimming pools hereinafter constructed as well as existing swimming pools whether above ground or in the ground and having a depth of 18 inches or more at any one point.
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 Codes 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 City Council.
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.
Standard pools, properly 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.
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.
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 no later than 90 days after the effective date of this article.
A swimming pool shall be located at the rear of a dwelling or along the side of the dwelling where practical.
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.
No swimming pool or appurtenances, including decks and shelters, shall be erected nearer to any property line than permitted by Chapter 450, Zoning, of the Code of the City of DuBois.
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.
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:
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 or dirt bottoms are prohibited if uncovered.
Walls and bottom. All pool walls and bottoms shall be designed to withstand water pressure from within and to resist the pressure of earth or groundwater when the pool is empty.
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.
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.
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.
Recirculation. Provision shall be made for complete circulation 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 back-washing or cleaning filters.
Safety equipment. Life preservers, ropes and poles shall be readily available at the pool site.
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 article.
Portable aboveground pools having walls 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 § 397-3.
No swimming pool shall be so located or maintained as to interfere unduly with the enjoyment of the property rights of others.
Lights used to illuminate any swimming pool shall be so arranged as to reflect light away from adjoining premises.
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.
All electrical installations shall conform to the specifications of the National Electrical Code. No electric wires or conductors shall cross, either overhead or underground, on any part of a swimming pool, nor shall any electric wiring be installed parallel to any pool wall closer than five feet, if underground, unless enclosed in a rigid conduit, or within five feet, if overhead.
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.
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine not more than $1,000 plus costs and, in default of payment, to imprisonment for a term not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.
[Adopted 7-24-1995 by Ord. No. 1544 (Ch. 23, Part 2, of the 1995 Code)]
The City of DuBois swimming pool shall be open only during regularly scheduled hours. No unauthorized swimming shall be permitted after such regularly scheduled hours, and entry upon pool premises not open for public use shall be unlawful.
After the posting of speed limit signs at entrances to the swimming pool area, no person shall operate any vehicle, whether motor driven or not, at a speed in excess of 15 miles per hour in the swimming pool area.
All persons using the City swimming pool shall comply with all posted rules and regulations established by the Borough Council for the use of the swimming pool and facilities. Failure to comply with such rules and regulations, in addition to the penalties hereinafter provided, may subject the person violating them to loss of privileges to use the pool, and no refund of any admission paid will be made.
Any person, firm or corporation who shall violate any provision of this article or any rules and regulations established pursuant thereto shall, upon conviction thereof, be sentenced to pay a fine not more than $600 plus costs and, in default of payment, to imprisonment for a term not to exceed 30 days.