[HISTORY: Adopted by the Borough Council of the Borough of
Avalon 12-7-1999 by Ord. No. 1258. Amendments noted where applicable.]
This chapter shall be known as the "Borough of Avalon Swimming
Pool Ordinance."
This chapter is adopted to protect the health, safety and welfare
of the residents of the Borough of Avalon.
In the construction of this chapter, the rules and definitions
contained in this section shall be observed and applied, except when
the context clearly indicates otherwise:
Every swimming pool, wading pool or family pool (as hereinafter
defined) constructed, installed, maintained or operated from and after
the date of this chapter shall comply with the applicable provisions
set out herein.
For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meaning given herein:
The Borough of Avalon.
The Building Inspector of the Borough of Avalon.
A swimming pool with a depth at any point in excess of 18
inches, used or intended to be used solely by the owner, operator
or lessee thereof and his family and by friends or other persons or
individuals invited to use it without the payment of any fee, located
on a lot as an accessory use to a residence. Unless otherwise qualified,
the term "family pool" shall be construed as including both artificial
or partly artificial pools. The term "partly artificial pool," as
used in this chapter, shall mean a pool formed from a natural body
of water which has either so limited a flow or such an inadequate
natural circulation that the quantify of water must be maintained
by artificial means. The term "artificial pool," as used in this chapter,
shall mean a pool composed entirely of artificial construction.
When applied to the proprietorship of a swimming pool, includes
every person having a right of property in such swimming pool, and
every person who has, keeps or maintains a swimming pool on or about
any premises occupied by him.
An individual, proprietorship, partnership, corporation,
association, or other legal entity. Masculine words shall include
the feminine and neuter.
The Tri-Borough Planning Commission.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
As used herein and not modified by the words "family" or
"wading" includes "family pool," "wading pool" and all other "swimming
pools" at which a charge is made for its use.
Any artificially constructed pool not designed, intended
or used for swimming and having a maximum depth of 18 inches or less
at any given point.
It shall be unlawful to construct a pool, except a wading pool,
without having first obtained a permit as provided herein, or, to
maintain any pool, including a wading pool, except in conformity with
this chapter.
Application for the construction and maintenance of a pool,
except a wading pool, shall be made to the Building Inspector by the
owner of the property. The application shall be accompanied by a duplicate
set of plans, specifications and plot plan of the property. The plot
plan shall show the accurate location of the proposed pool on the
property, together with any other auxiliary facilities and structures,
including, but not limited to, source of water supply, plumbing facilities,
discharge facilities, electrical wiring and fixtures. The plant plan
shall also show the location, height and type of all fencing or enclosures
as may be required by this chapter. Each such application shall be
accompanied by a fee as set forth in the Borough Permit Fee Schedule
then in effect.
A.
Materials used in the construction of all pools shall be waterproofed,
and the owner of any pool shall maintain said pool in such condition
as to prevent breaks in the pool and to prevent water from overflowing
into adjacent public or private property.
B.
The owner of every pool, except a wading pool, shall maintain excess
residual chlorine in all portions of the water of his pool, when such
pool is in use, of not less than 3/10 parts per million nor more than
6/10 parts per million. The owner of any pool may adopt such means
of chlorination as will guarantee adherence to the provisions of this
chapter, and upon failure to install and maintain such means or to
use them in an effective manner, the Building Inspector shall direct
the owner of such pool to discontinue the use thereof.
There shall be no physical connection between a potable private
or public water system and any pool at a point below the maximum waterline
of the pool or to a recirculatory or heating system of said pool.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No pool shall be erected nearer to a street property line, back
property line or side property line than a building could be erected
in the same use district as set forth in the Borough's Zoning Ordinance.
A.
Every pool now existing or hereafter constructed or installed within
the Borough shall be completely surrounded by a fence or wall not
less than four feet in height; provided, however, that, in the case
of a wading pool, the requirements of this section shall not apply,
if but only if, the wading pool is drained or covered when not in
use.
(1)
The fence shall be so constructed for any pool as not to have openings,
holes or gaps larger than four inches in any dimension, except for
doors and gates, and if a picket fence is erected or maintained, the
horizontal spaces shall not exceed four inches.
(2)
A dwelling house or accessory building may be used as a part of such
enclosure.
(3)
The side of an aboveground pool may be used as a fence or part of
a fence, provided that it is at least four feet in height and the
ladder or stairs to said pool is removed when such pool is not in
use.
(4)
All gate or door openings through a fence or wall shall be equipped
with a lock operated by a key, keeping the gate closed and locked
at all times when the pool is not in use, except that the door of
any dwelling house which forms a part of the enclosure need not be
so equipped.
B.
Owners of any pool in existence of in the process of construction
as of the effective date of this chapter shall within 90 days after
the effective date of this chapter comply with the fencing requirements
contained herein.
All lighting used to illuminate any pool shall be so arranged
and shaded as to reflect light away from adjoining premises. All underwater
lighting shall, at the time of installation, comply with the equipment,
installation and maintenance standards of the Electrical Inspection
Bureau of the Fire Underwriters, and a duplicate copy of any inspection
reports made by such an agency or its successor shall be filed by
the owner of the pool within 30 days of its receipt with the Building
Inspector.
Any machine or device for the reproducing, producing or amplifying
of sound in such manner as to disturb the peace and quiet and comfort
of any neighboring activity or residents is unlawful and prohibited.
The Building Inspector shall inspect or cause to be inspected
all pools at such times as he deems necessary to carry out the intent
of this chapter. The Building Inspector is hereby authorized to enter
upon any premises to take such samples of water from such pools at
such times as it may deem necessary and to require the owner to comply
with the provisions of this chapter. The Building Inspector shall
have the power to suspend the construction or use of said pool until
such time as the provisions of this chapter are fully complied with.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys’ fees incurred
by the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a violation exists shall constitute a separate offense, and each section
of this chapter that is violated shall also constitute a separate
offense. In addition to or in lieu of enforcement under this section,
the Borough may enforce this chapter in equity in the Court of Common
Pleas of Allegheny County.
No provision of this chapter shall prevent the Borough from
instituting proceedings and seeking relief in the courts of equity
of the commonwealth if the Borough shall deem such action necessary
to abate any violation of this chapter which constitutes a public
nuisance.
