[HISTORY: Adopted by the Board of Supervisors of Bear Creek
Township 8-1-1995 by Ord. No. 1-95. Amendments noted where applicable.]
A.
FENCE
FOOTING
PERSON
PRIVATE SWIMMING POOL
SWIMMING POOL
WADING POOL
Unless otherwise expressly stated, the following words shall have
the meanings herein indicated:
An enclosure. Such enclosure shall be at least four feet
in height, constructed of masonry, wood or metal, with apertures no
larger than three inches, equipped with a self-closing gate and complete
with a key-operated lock.
The spreading at the base or bottom of a wall or other construction.
Any person, copartnership, association, firm or corporation.
Any swimming pool designed, used and maintained for swimming
purposes by an individual for use by his household and guests without
fees and located on property owned, leased or otherwise used and maintained
by the owner of said swimming pool.
A body of water in an artificial or semiartificial receptacle
or other container, whether located indoors or outdoors, in-ground
or aboveground, having a depth of water at any point of more than
two feet or a surface area of more than 100 square feet, used or intended
to be used for private swimming by adults or children, or by both
adults and children.
An artificially constructed pool intended for use by children,
not designed or used for swimming, with a maximum area of 100 square
feet or a maximum water depth at any point of less than two feet.
It shall be unlawful for any person to construct, install, establish
or maintain, alter, remodel, reconstruct or operate a private swimming
pool without having obtained a permit therefor in the manner prescribed
herein:
A.
The application for a permit shall be submitted to the Code Enforcement
Officer on forms supplied by the Township, together with three sets
of plans and specifications setting forth the details of the construction,
four sets of drainage plans acceptable to the Township Engineer and
four sets of plot plans showing:
C.
Upon approval of the plans and specifications, one set of each, so
marked, will be returned to the applicant and must be kept on the
site with the permit during construction, available to the Code Enforcement
Officer. No change in the same shall be made without written notification
to and approval, in writing, by the Code Enforcement Officer.
D.
In all cases where an in-ground pool is proposed, the swimming pool
contractor or, if none, the property owner shall deposit the sum of
$1,000 with the Township as an escrow fund prior to the issuance of
a building permit in order to guarantee the removal of the excavated
dirt from the premises upon completion of the work. The escrow agreement
shall provide for the Township to have the excavated dirt removed
at the contractor's expense by use of the escrow funds if the
contractor has not done so within 30 days after the pool is substantially
completed.
A.
All swimming pools now existing or hereafter constructed, installed,
established or maintained, with the exception of wading pools, shall
be completely and continuously enclosed by a permanent durable wall,
fence or barrier, which shall be not more than six feet nor less than
four feet in height above grade and shall be so constructed as to
have no opening, mesh, hole or gap larger than two inches in any dimension,
except for doors and gates; provided, however, that if a picket fence
is erected or maintained, the horizontal dimension of any gap or opening
shall not exceed three inches.
(1)
No fence of any kind or material shall be constructed or maintained
which shall contain projections of any kind at any point on the outer
surface of said fence.
(2)
A dwelling, house or accessory building may be used as a part of
such enclosure.
(3)
All gates used in conjunction with any of the above-described enclosures
shall conform to the specifications required above to the height and
dimensions of openings, mesh, holes or gaps in the case of fences,
and all gates and doors shall be equipped with self-closing and self-latching
devices for keeping the gate or door securely closed at all times
when not in actual use, provided that the door of any dwelling which
forms part of the enclosure need not be so equipped.
(4)
Gates and doors shall be locked when the pool is not in use or is
unguarded or unattended.
(5)
Nothing herein contained shall be construed to require the construction
of an additional wall, fence or barrier where, in lieu thereof, the
entire premises or a part thereof wherein the pool is contained shall
be fully enclosed by a wall, fence or barrier which meets the specifications
set forth herein.
(6)
Any mechanical equipment, such as pumps, filters or electrical devices,
which is part of a pool facility shall be within the enclosure or
shall be similarly enclosed so as to forestall persons from gaining
entry to the pool by climbing over the equipment.
B.
Every outdoor wading pool shall be enclosed by a durable wall, barrier
or fence, as described in the preceding subsection, unless such outdoor
wading pool is:
(1)
Emptied when not is use or unattended; or
(2)
Covered with a suitable, strong, protective covering fastened or
locked in place when not in use or unattended. A cover shall be considered
to be of sufficient strength and securely fastened or locked in place
if, when fastened or locked in place, it will support a minimum dead
weight of 200 pounds.
A.
Every swimming pool shall be equipped with life rings, life preservers
or other flotation devices readily available and functional for emergency
use.
B.
Any mechanical equipment, such as pumps, filters and electrical devices,
shall be adequately enclosed so as to protect all persons from electrical
shock and physical injury.
C.
No exposed electrical wires shall be nearer than six feet to the
water's edge, nor shall any exposed and permanently installed
electrical wire within 25 feet from the water's edge of the pool
be less than 10 feet above the ground, nor shall wires of any kind
cross or be over the water surface. Any underwater lighting shall
be accomplished by the use of methods and materials approved for such
purposes by the National Board of Fire Underwriters.
D.
The buildings, grounds, dressing rooms and all other swimming pool
facilities shall be kept clean and in a sanitary condition and maintained
free from garbage, trash and other refuse.
A.
There shall be no discharge or drainage of water from a private swimming
pool until the Code Enforcement Officer has determined that the method
or manner of emptying the pool and the connections of such drain to
the storm sewer or open stream, or upon the land, is not contrary
to the public interest or maintenance of the storm sewer system or
to the interest of other property owners.
B.
In matters pertaining to technical requirements for the discharge
of water from a swimming pool, the Code Enforcement Officer shall
obtain, as needed, the consultation of the Township Engineer.
A.
Vacant residences. All private swimming pools shall be drained and
maintained free for water or safely covered during the period that
the property is vacant or unoccupied. This subsection shall not be
applicable during reasonable temporary absences by the owner or operator
of any swimming pool.
B.
Polluted water. No body of water, whether it is a natural or artificial
body of water, in the Township shall be used for swimming or bathing
purposes by any person or persons, which body of water contains sewage,
waste or other contamination or polluting ingredients rendering the
water hazardous to the health, safety or welfare of such person or
persons.
C.
The Code Enforcement Officer may make modifications in individual
cases, upon good cause being shown, with respect to the height, nature
or location of fences, walls, gates or latches, or the necessity therefor,
provided that the protection sought hereunder is not reduced thereby.
The Code Enforcement Officer may permit other protective devices or
structures to be used as long as the degree of protection afforded
by the substitute devices or structures is not less than the protection
afforded by the wall, fence, gates and latches required herein.
No artificial lighting shall be maintained or operated in connection
with private swimming pools in such a manner as to be a nuisance or
an annoyance to neighboring properties.
A.
It shall be the duty of the Code Enforcement Officer to enforce the
provisions of this chapter. The Code Enforcement Officer or his duly
authorized agent is hereby authorized to enter, at reasonable times,
with the knowledge of and accompanied by the owner or operator, upon
the premises of private swimming pools to inspect the premises for
compliance with the provisions of this chapter.
B.
Every private swimming pool constructed, installed, established or
maintained or to be constructed, installed, established or maintained
in Bear Creek Township shall at all times comply with the requirements
of any local Board of Health. Any nuisance or hazards to health which
may exist or develop in or in consequence of or in connection with
any such private swimming pool shall be abated and removed by the
owner, lessee or occupant of the premises on which said pool is located
within 10 days of receipt of notice from the Code Enforcement Officer
of Bear Creek Township.
C.
In case such order of abatement is not obeyed within the time specified
herein, the Code Enforcement Officer shall thereupon issue a written
order to remove or abate the same, which order shall be executed by
him and his subordinates and workmen, and the expense thereof shall
be recoverable from the owner of the premises upon which the swimming
pool is located, in the same manner as debts of like character are
now collected by law.
Whenever the owner of any swimming pool about to be or in the
course of being erected or altered takes exception to the decision
of the Code Enforcement Officer in refusing to approve the issuance
of a permit or in refusing to approve the manner of construction or
the kinds of materials to be used in the construction or alteration
or to its decision as to the pool's safety or its compliance
with the provision of this chapter, such owner or his duly authorized
attorney or agent may, within 10 days after such decision, appeal
therefrom to the Board of Supervisors. Such appeal shall be in writing,
shall state the decision of the Code Enforcement Officer and the reasons
for the exception taken thereto, shall be verified by affidavit and
shall be filed with the Township Secretary. The person appealing shall
have the right to appear and to be heard if he states his desire so
to do in his written appeal. A prompt decision of such appeal shall
be made by the Board of Supervisors and shall be duly recorded, and
the decision shall be final.
Any person violating any of the provisions of this chapter or
any regulations and specifications adopted hereunder shall, upon conviction
thereof before a District Justice of the Township or any other court
of competent jurisdiction, be sentenced to pay a fine of not more
than $1,000 for each offense, and costs of prosecution, and in default
of payment of said fine and costs, shall be imprisoned in the Luzerne
County Jail for a period not exceeding 30 days. Each day that a violation
is permitted to exist shall constitute a separate offense.
