As used in this chapter, the following terms shall be defined
as indicated:
SWIMMING POOL or POOL
An outdoor pool used or intended to be used solely for and
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 chapter shall apply to all new outdoor swimming pools hereinafter
constructed, as well as existing swimming pools, whether above ground
or in the ground, having a depth of 18 inches or more at any point.
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 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 equipped. The fence shall
surround the pool and the deck area. A fence shall be erected around
all existing pools no later than January 1, 1997.
A swimming pool shall be located at the rear of a dwelling or alongside 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 the Zoning Ordinance (Chapter
350), 10 feet from said property line. No swimming pool shall be located as to interfere with the operation of a well or on-site septic system or to be located where there is a 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 until the following design
and construction requirements are provided by the applicant:
A. Material. The material used for lining of 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.
B. Walls and bottoms. 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.
C. Steps, ladders and 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 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. A
pool drainage system may be connected to the public sanitary sewer
system upon written approval of the Building Inspector.
F. 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 backwashing or cleaning the filters.
G. Safety equipment. Life preservers, ropes and poles shall be readily
available at the pool site.
All aboveground pools having walls less than four feet shall be enclosed in accordance with the provisions of this chapter. Portable aboveground pools having walls four feet or greater in height may be excluded from the fencing requirements, 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 section which is served by a ladder or steps which cannot be raised and locked as to prevent access by small children shall be enclosed in accordance with §
319-4.
No swimming pool shall be 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 properties.
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 electrical 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 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.
[Amended 12-7-2006 by Ord. No. 1766]
A. Any individual, person, firm, corporation or other entity who shall
violate any provision of this chapter shall, upon being held liable
in any civil proceeding or upon conviction thereof, be sentenced to
pay a penalty, fine or charge of no less than $100 nor more than the
maximum amount permitted by law, but not to exceed $1,000, and in
default of payment or any failure to pay any fine or penalty, upon
a summary or other criminal conviction, shall be sentenced to imprisonment
for a period not to exceed 30 days, or both.
B. Each day that a violation of this chapter shall continue shall constitute
a separate offense, subject to the fines, costs, penalties and charges
set forth above for each offense.
C. Nothing herein shall limit, prevent or preclude the City of Washington
from taking any and all legal action or exercising any other remedy
available to the City by law, including but not limited to the initiation
of civil or criminal proceedings or injunctive relief, in order to
enforce or ensure compliance with this chapter. As an additional remedy,
the City of Washington may abate any nuisance, dangerous or hazardous
condition by any means permitted by law, which shall include but not
be limited to an action in the Court of Common Pleas of Washington
County, Pennsylvania, for injunctive relief; the use of any City of
Washington personnel, equipment and materials or that of an authorized
agent or contractor hired by the City to remove or abate any nuisance,
dangerous or hazardous condition, and with all costs thereof or related
thereto to be charged against the property owner(s) and/or person
or entity who has violated the chapter or portion thereof; said costs
shall include all actual costs and expenses, including all costs of
collection and reasonable administrative costs of the City, incurred
in enforcing the provisions of the chapter.