[HISTORY: Adopted by the Board of Commissioners of Upper Moreland Township as Title 3, Ch. 4, of the 1977 Code.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Code enforcement — See Ch. 108.
Construction codes — See Ch. 115.
Zoning — See Ch. 350.
[1]
Editor's Note: This chapter was adopted 7-8-1958 by Ord. No. 368 and amended 7-13-1965 by Ord. No. 548; 5-10-1966 by Ord. No. 594; 10-13-1970 by Ord. No. 696; 6-4-1984 by Ord. No. 804; 9-6-1988 by Ord. No. 1165; 10-3-1988 by Ord. No. 1166; 7-9-1990 by Ord. No. 1215; and 8-4-2003 by Ord. No. 1472.
The terms in this chapter shall be defined as follows:
ABOVEGROUND POOLS
Any temporary or permanent outdoor swimming pool containing water two feet or more in depth.
FENCE
A. 
A barrier, but not the side or sides of a pool, not less than four feet in height, which shall be so constructed as not to have openings, holes or gaps larger than four inches in any dimension except for doors and gates, and which shall be constructed out of any of the following materials:
(1) 
Masonry or brick.
(2) 
Wire mesh, a minimum of nine gauge with posts not more than 10 feet apart.
(3) 
Pickets, not less than three-fourths-inch thick if wood or 20 gauge if metal, with posts not more than 10 feet apart.
B. 
The fence shall constitute an enclosure either surrounding the property or pool area, adequate to make the pool inaccessible to small children.
OWNER
Any person in possession of land within the Township of Upper Moreland, either as owner, purchaser, lessee, tenant or licensee.
POOL
Any permanent outdoor swimming pool; any excavation in which water is permitted to or may otherwise collect in excess of two feet in depth; any temporary structure designed to hold water whether erected partially or entirely above ground level, in which water is permitted to or may otherwise collect in excess of two feet in depth.
A. 
The owner of property upon which is situate a pool shall apply for and obtain from the Building Inspector a permit and with such application shall submit plans of any fence erected as required by § 304-4 and a description or design of any gate and latching or closing device for use in conjunction therewith.
B. 
The Building Inspector shall issue such permit if the plans or description of the applicant's fence meet the requirements of this chapter and upon payment to him of a permit fee in accordance with a fee schedule adopted by the Board of Commissioners and set forth in Chapter 140, Fees, Rates, and Permits, of the Upper Moreland Code.
C. 
A pool, as defined herein, is a structure, the construction or installation of which must be made in accordance with the Building Code and the Zoning Ordinance of Upper Moreland Township.[1]
[1]
Editor's Note: See Ch. 115, Art. I, Uniform Construction Code, and Ch. 350, Zoning, respectively.
A. 
Any owner upon whose land is situate a pool, as defined hereinabove, shall enclose such pool with a fence and/or wall or walls of a dwelling house or accessory building. Such owners shall comply with this section within 60 days from the enactment of this chapter. Owners of pools enclosed by existing fences approved by the Building Inspector as to adequacy shall be exempt from this section.
B. 
Any owner of an aboveground pool which is four feet or more in height above the level of the ground on all sides and which has smooth or unclimbable sides need not be entirely enclosed by a fence, provided that the ladder, deck or other entrance to the pool is enclosed by a four-foot fence with a self-closing and self-latching gate, as provided for in § 304-5 hereof.
All gates or doors opening through any fence required to be erected under this chapter shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.
Any person who shall violate any of the provisions of this chapter shall, for each offense, be subject to a penalty of not less than $100 nor more than $1,000, to be recovered as penalties are now by law recoverable, and upon failure of such person or persons to pay said penalty with costs within 10 days of the date of the imposition thereof, such person or persons shall be subject to imprisonment in the County Prison for a period not exceeding 10 days.