[HISTORY: Adopted by the Town Council of the Borough of West
View 8-2-1972 by Ord. No. 1147 (Ch. 123 of the 1977 Code). Amendments
noted where applicable.]
The provisions hereof shall be known as the "Private Residential
Swimming Pool Ordinance" and shall be determined presumptively to
provide for all matters affecting or relating to the location, design,
construction, installation, equipment, maintenance, repair and operation
of private residential swimming pools constructed within the Borough
of West View.
As used in this chapter, the following terms shall have the
meanings indicated:
Any temporarily or permanently erected receptacle for water
or any artificial pool of water of permanent or temporary construction,
erected above or below ground level, which has a depth at any point
of more than 1 1/2 feet or a surface area exceeding 100 square
feet, which is intended or used for the total or partial immersion
therein of human beings for recreational purposes, and which is installed,
constructed, erected or located above or below the ground outside
of any building used as a residence or is intended to be used as a
swimming pool in connection with such residence and to be available
only to the owner or occupant of such residence and his or her family
and guests.
[Amended 2-2-1977 by Ord. No. 1191]
The provisions of this chapter shall apply to all private residential
swimming pools located in the Borough of West View, whether previously
or hereinafter installed; provided, however, that as to any private
residential swimming pool installed or substantially installed at
the time of the enactment of this chapter:
A.
The requirements of § 254-4 hereof, relating to location, shall not apply, except to such additions, changes of location or other alterations as hereafter may be made thereto.
B.
Conformity to the remaining provisions of this chapter shall not
be required until 30 days after the enactment hereof.
No portion of any private residential swimming pool, other than
walks, fences, pumps, filters and other related equipment, shall be
located within eight feet from any building, within three feet from
any property line, within 30 feet from any front building line or
on any portion of a lot required by any ordinance of the Borough to
be maintained as a yard area.[1]
The walls and floor of every private residential swimming pool
shall be constructed of any material which will provide a tight tank
and easily cleaned surfaces. The walls shall be of a smooth finish.
The floor or bottom surface of the pool shall have a finish as smooth
as practicable.
Every private residential swimming pool, including those now
existing or under construction, shall be protected by either a fence
or a cover securely fastened to the side of the pool.
A.
A fence shall have a height at all points of at least four feet above
grade level. No holes or other openings in such fence, other than
regular points of entry, shall have both a length and a width in excess
of two inches. All points of entry into the area of the swimming pool
shall be equipped with a secure gate having a high mounted automatic
locking device on the pool side thereof, which is inaccessible to
small children.
B.
A cover shall be of a strong material having an ability to hold a
minimum concentrated load of 50 pounds at any given point without
breaking or deflecting into the pool water and shall be securely fastened
to the pool when said pool is not in use.
Every private residential swimming pool shall be of the recirculation
type in which the circulation of the water is maintained through the
pool by one or more pumps. The water drawn from the pool shall be
filtered, returned to the pool and disinfected, either before returning
to the pool or at the place of return, by the use of recognized and
approved chemicals.
No water other than that secured from the public water works
distribution system shall be used in any private residential swimming
pool.
Supply inlets for any private residential swimming pool recirculation
system shall be located, to the extent possible, so as to produce
a uniform circulation of water throughout the pool and to carry pool
bottom deposits toward the outlet or outlets.
Any means of germicidal or bacterial control which will provide
germicidal or bacterial protection within the pool equal or superior
to a standard of 0.5 parts per million chlorine residual may be used
in private residential swimming pools. Every swimming pool shall be
equipped with a testing kit adequate to determine such residual.
All electric wiring installed in conjunction with a private
residential swimming pool shall be installed and used in conformity
with National Electric Code standards, and the materials used or installed
shall be as approved by the National Underwriters' Laboratory.
No electric wires or conductors shall be installed or permitted
to remain in such a position as to cross, either overhead or underground,
any part of a private residential swimming pool. No electric wiring
shall be installed parallel to any pool wall closer than five feet
thereto, unless such wiring is both located underground and enclosed
in rigid conduits.
All metal fences, enclosures or railings which are located near
or adjacent to private residential swimming pools and which might
become electrically alive as a result of contact with broken overhead
conductors or from any other cause shall be effectively grounded.
Every private residential swimming pool shall be equipped with
one or more throw ring buoys not more than 18 inches in diameter and
fitted with a one-fourth-inch manila line, or the equivalent thereof,
having sufficient length to effect assists or rescues, and at least
one lightweight strong pole with blunted ends of sufficient length
to effect assists or rescues.
No diving board or other diving structure shall be installed for use in connection with a private residential swimming pool which is erected above the ground level, as defined by § 254-2 hereof.
A.
All private residential swimming pools shall be maintained in a clean
and sanitary condition, in compliance with all applicable regulations
of the Department of Health of the County of Allegheny and the Commonwealth
of Pennsylvania, and all equipment shall be maintained in a satisfactory
operating condition during the period of time when the pool is in
use.
B.
Regardless of the provisions of any other section of this chapter
and regardless of any permits which may be issued thereunder, no private
residential swimming pool shall be used, kept, maintained or operated
in the Borough if such use, keeping, maintaining or operating thereof
is, at any time, determined to constitute a nuisance or to be unreasonably
dangerous to life or detrimental to health.
[Added 8-1-1973 by Ord. No. 1147(a); amended 6-5-1974 by Ord. No.
1163]
A.
Unless otherwise provided in this chapter, any person, firm, corporation
or association who shall violate any of the provisions of this chapter
shall be guilty of a summary offense, punishable by a fine of not
more than $300, plus costs of prosecution, and in default of the payment
of the fine and costs, by imprisonment for not less than five nor
more than 30 days in the Allegheny County Jail. The imposition of
one penalty for any violation shall not excuse the violation or permit
it to continue, and all such persons, firms, corporations or associations
shall be required to correct or remedy such violation or defect within
a reasonable time, and when not otherwise specified, each 10 days
that prohibited conditions are maintained shall constitute a separate
offense.
[Amended 2-2-1977 by Ord. No. 1191]
C.
In the case of firms, corporations or associations, the penalties
may be imposed upon the officers, partners or members thereof.
