[Ord. 1973-4, 6/19/1973, § 100]
This Part 1 shall be known and may be cited as the "Hummelstown
Borough Swimming Pool Regulations".
[Ord. 1973-4, 6/19/1973, § 200]
For the purposes of this Part 1 the following terms, phrases
and words and their derivations shall have the meaning given herein.
When not consistent with the context, words used in the present tense
include the future, words in the plural number include the singular
number and words in the singular number include the plural number.
The word "shall" as used herein as mandatory and not merely directory.
The Municipal Authority of the Borough of Hummelstown.
The engineer for the Authority or the Borough Council.
The area of a lot lying between this street and the dwelling
extending across the full width of the lot, and, in case of a corner
lot, extending the full depth of the lot on the side abutting the
street.
The Borough Council of Hummelstown.
The duly appointed Municipal Zoning Officer or his authorized
agent.
Hummelstown Borough, Dauphin County, Pennsylvania.
Any person, firm, partnership, association, corporation,
company or any organization of any kind.
A body of water in an artificial or semiartificial receptacle
or other container, whether located indoors or outdoors, in ground
or above ground, having a depth at any point of more than 18 inches
or a surface area of more than 150 square feet, used or intended to
be used for private swimming by adults or children, or both adults
and children.
[Ord. 1973-4, 6/19/1973, § 300; as amended by Ord.
1973-8, -/-/1973; and by Ord. 1-1986, 2/20/1986]
It shall be unlawful for any person to construct, install, establish
or maintain, or alter, remodel, reconstruct, or operate a private
swimming pool, without having obtained a permit therefor in the manner
prescribed herein. The application for a permit shall be submitted
to the Inspector on forms supplied by the Borough, together with two
sets of plans and specifications setting forth the details, (in-ground
pools only), together with a plot plan, which shall be on the reverse
side of the application form, showing the location of the pool on
the lot, the location of buildings on the lot, fencing, existing and
planned, and the height and aperture dimensions thereof, and such
other dimensions, descriptions and information as will provide assurance
of conformance with the intent and requirements of this Part 1 and
all other applicable regulations of the municipality. The fee for
each permit shall be established from time to time by resolution of
Council. Upon approval of plans specifications for in-ground pools,
one set of each so marked will be returned to the applicant and must
be kept on the site with the permit during construction and be available
to the Inspector. No change in the same shall be made without notification
to and approval by the Inspector.
[Ord. 1973-4, 6/19/1973, § 400; as amended by Ord.
1973-8, -/-/1973; and by Ord. 1975-9, 6/17/1975, § 1]
1.
No swimming pool may be located in the front yard as required by
the Zoning District and as herein defined, nor shall it be less than
10 feet from:
2.
A swimming pool may be located as follows:
A.
To the side of a dwelling, provided it is not less than 10 feet from
the dwelling and not less than 12 feet from the side property line
on a lot in the R-SU or R-SG Zoning Districts of the Borough, and
not less than 10 feet from the side property line on a lot in the
R-MS or C-S Zoning District of the Borough.
B.
To the rear of a dwelling, provided it is not less than 10 feet further
to the rear of the lot than the rear of the dwelling and not less
than 10 feet from the rear property line and not less than 10 feet
from the side property line on a lot of more than 50 feet in width
and not less than five feet from the side property line on a lot of
50 feet or less in width.
3.
Buildings such as locker rooms, bathhouses, cabanas, shower rooms,
toilets, and other physical facilities or equipment incident to operation
of a swimming pool shall be located in conformity with the provisions
hereinabove for location of a swimming pool, except as follows:
A.
All such buildings, facilities or equipment auxiliary to a pool shall
be located toward the rear or inside of the lot, and not toward the
front or side property line, except for appropriate portions of fencing
or decking.
B.
Locker room, bathhouse, cabana, shower room, or toilet buildings
may be attached to the adjacent portion of the dwelling.
[Ord. 1973-4, 6/19/1973, § 500; as amended by Ord.
1973-8, -/-/1973]
Every outdoor swimming pool shall be completely surrounded by
a fence or wall, except as may be allowed under paragraph 3 hereof.
The person responsible for operating or maintaining a swimming pool
shall assure that all gates in the enclosing fence or wall are closed
and securely locked, at all times when the pool is not in use by family
members, guests or other persons authorized by the person responsible.
Within 30 days after the effective date of this Part, every person
operating or maintaining a swimming pool within the municipality,
which has been constructed prior thereto, shall erect a fence or wall
surrounding said pool. An enclosing fence or wall shall be not less
than four feet in height and shall be so constructed as not to have
openings, holes or gaps larger than three inches in any dimension
except for doors and gates. A dwelling house or accessory building
may be used as part of such enclosure. All gates or doors opening
through such enclosure shall be equipped with a self-closing and a
self-latching device for keeping the gate or doors 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 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.
The Inspector may make modifications in individual cases upon
showing good cause, with respect to the height, nature or location
of the fence, wall, gates or latches or the necessity therefor, provided
the protection as sought hereunder is not reduced thereby. The Inspector
may permit other protective devices or structures to be used so long
as the degree of protection afforded by the substitute devices or
structures is not less than the protection afforded by the wall, fence,
gate and latch described herein.
All horizontal members, supports or protrusions on the enclosure
shall be on the inside (pool side).
[Ord. 1973-4, 6/19/1973, § 600; as amended by Ord.
1973-8, -/-/1973]
Every swimming pool shall be equipped with life rings or life
preservers, or other flotation devices readily available and functional
for emergency use.
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.
No exposed electrical wires shall be nearer than six feet from
the water's edge, nor shall any exposed and permanently installed
electric wire within 25 feet from the water's edge of the pool
be less than 10 feet above ground, nor shall wires of any kind cross
or be over the water surface unless otherwise approved by the Inspector.
Any underwater lighting shall be accomplished by the use of methods
and materials approved for such purposes by the National Board of
Fire Underwriters.
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.
[Ord. 1973-4, 6/19/1973, § 700]
No private swimming pool shall have a discharge or be drained
of water until the Inspector has determined that the method or manner
of emptying the pool and the connections of such drain to the sanitary
sewer, storm sewer, or open stream, or upon the land is not contrary
to the public interest, or maintenance of the public sanitary sewer
system or storm sewer system, or to other property owners.
The discharge of water into a sanitary sewer system shall be
permitted only if it is not feasible to discharge water from a pool
into a storm sewer, stream or to use such water for lawn sprinkling.
In matters pertaining to technical requirements for the discharge
of water from a swimming pool, the Inspector shall obtain, as needed,
the consultation of the Authority and the Engineer.
[Ord. 1973-4, 6/19/1973, § 800; as amended by Ord.
1973-8, -/-/1973]
1.
Location Restrictions. No swimming pool shall be so located, designed,
operated or maintained as to interfere unduly with the enjoyment of
their property rights by occupants of property adjoining the swimming
pool. The Inspector may condition the issuance of a building permit
on such reasonable conditions as may be deemed proper on the location,
design, operation and maintenance to effectuate the purpose of this
Part 1.
2.
Lighting Restrictions. It shall be unlawful for any person to install,
arrange, use or permit to be used any light to illuminate a swimming
pool without so arranging and shading such light so as to reflect
such light away from neighboring premises so as not to disturb the
peace and comfort of the neighboring property owners or their property.
[Ord. 1973-4, 6/19/1973, § 900; as amended by Ord.
1973-8, -/-/1973]
1.
Vacant Residences. All private swimming pools shall be drained and
maintained free of water, during the period that the property is vacant
or unoccupied. This section shall not be applicable during reasonable
temporary absences by the owner or operator of any swimming pool.
2.
Polluted Water. No body of water, whether it be a natural or artificial
body of water, in the municipality shall be used for swimming or bathing
purposes, by any person or persons, which contains sewage, waste or
other contamination or polluting ingredients rendering the water hazardous
to health, safety or welfare of such person or persons.
[Ord. 1973-4, 6/19/1973, § 1000; as amended by
Ord. 1973-8, -/-/1973]
It shall be the duty of the Inspector to enforce the provisions of this Part 1. The Inspector 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 Part. In the event that any such inspection reveals a failure of compliance with this Part, the Inspector shall give the owner or other person responsible for the operation of a pool and premises, notice of his findings, and the Inspector shall have the power to abate or cause the suspension of the use of such pool, until such time as the pool and premises are made compliant with the provisions of this Part and are no longer a nuisance, menace or hazard to health or safety.
[Ord. 1973-4, 6/19/1973, § 1100; as amended by
Ord. 1-1986, 2/20/1986]
Any applicant, or person responsible for operation of a swimming
pool, may appeal any decision or order of the Inspector, to the governing
body. Such appeal shall be made within 10 days following the decision
or order, shall be in writing, shall state the decision or order of
the Inspector, and reasons for the exception taken thereto, shall
be verified by affidavit, and shall be filed with the Secretary to
the governing body. 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.
The governing body shall render a decision within 30 days of appeal,
unless a hearing is requested. If a hearing is requested the governing
body shall schedule a hearing within 30 days of filing; and after
such hearing has been held the governing body shall have an additional
30 days to render its final decision.
The provisions of this Part 1 shall in no way restrict any remedies
otherwise provided by law; and the municipality or any person may
take any appropriate action at law or in equity, civil or criminal,
to enforce the provisions of this Part 1.
[Ord. 1973-4, 6/19/1973, § 1200; as amended by
Ord. 1-1986, 2/20/1986]
Any person, firm or corporation who shall violate any provision
of this Part 1 shall, upon conviction thereof, be sentenced to pay
a fine of not more than $300; and/or to imprisonment for a term not
to exceed 90 days.
