[HISTORY: Adopted by the Borough Council of the Borough of
Fox Chapel 12-6-1972 by Ord. No.
326 (Ch. 23 of the 1978 Code of Ordinances). Amendments
noted where applicable.]
For the purpose of this ordinance:
An outdoor swimming pool, used or intended to be used solely
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 ordinance shall apply to all new outdoor swimming
pools hereafter constructed as well as existing swimming pools whether
above ground or in the ground having a depth of 18 inches or more
at any one point.
A.
Before any work is commenced on the construction of a swimming
pool or on any alteration, addition, remodeling or other improvement
to a swimming pool, an application for a permit for construction,
together with plans and specifications pertinent to the construction,
as well as explanatory data, shall be submitted to the Building Inspector
of the Borough for his approval. No part of the work shall be commenced
until such approval has been granted to the applicant by a written
permit.
B.
All plans, including a plot plan, shall bear the name and
seal of a registered architect or registered engineer. The plot plan
shall show the location of all buildings and the proposed pool on
the property, together with the distance to all property lines in
the immediate vicinity of the swimming pool and dwelling. The plot
plan shall also show the locations of any wells and sewage disposal
systems.
C.
Standard pools, properly designed by established swimming
pool companies and having the approval of a registered engineer or
registered architect, shall be acceptable when accompanied by suitable
plans and specifications. Details of the proposed enclosure or fence
around the pool shall also be shown.
A.
Every outdoor 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.
B.
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 or door 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 so equipped. The fence
shall surround the pool and the deck area. Fences shall be erected
around all existing swimming pools by June 1, 1973.
[Amended 1-20-1997 by Ord. No. 583]
A.
A swimming pool shall be located at the rear of a dwelling
or along the side of the dwelling, and no part of any pool may ever
be closer to a street in front of the house than the dwelling.
B.
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 pools set above ground.
D.
No swimming pool shall be so 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.
The application fee for the construction or alteration of a
swimming pool shall be in the same amount as determined in the Building
Code, based on the estimated cost of construction.
[Amended 8-22-1983 by Ord. No. 440]
No permit to construct new swimming pools (existing pools are
excluded from this section) shall be issued unless and until the following
design and construction requirements are observed.
A.
Material. The material used for lining a swimming pool
shall be one which is light in color, is impervious and will provide
a tight tank with easily cleaned surfaces. Sand or dirt bottoms are
prohibited if uncovered.
B.
Walls and bottom. All pool walls and bottoms shall be
designed to withstand water pressure from within and to resist the
pressure of earth or ground water when the pool is empty.
C.
Steps, ladders, handholds. One or more means of egress
in the form of 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 water 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, on the surface of any street
or over the surface of the ground. A pool drainage system must be
connected to the public sanitary sewer system. If the sanitary sewer
system is not available to the lot upon which the pool is to be located,
drainage shall be handled as the Borough Engineer shall direct.
F.
Recirculation. Provision shall be made for complete
circulation of water through all parts of the pool. The system shall
be designed and constructed so that a "turnaround" of at least one
time in 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 filters.
All pools, including existing pools, shall be equipped with
suitable stairs. Other equipment consisting of life preservers, ropes
or poles shall be readily available at the pool site.
A.
Aboveground pools are not subject to the fee schedules
nor the design and requirements as set forth herein. However, all
such pools having walls less than four feet shall be enclosed in accordance
with the provisions of this ordinance.
B.
Portable aboveground pools having walls four feet or greater in height may be excluded from the fencing requirement 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 paragraph which is served by a ladder or steps which cannot be raised and locked so as to prevent access by small children shall be enclosed in accordance with § 319-3 of this ordinance.
Interference with the enjoyment of a neighboring property owner's
rights is prohibited. No swimming pool shall be so located or 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 premises.
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,
repose, health, peace or safety of others. In the operation of a family
swimming pool 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 the neighboring inhabitants or at any
time with louder volume than is necessary for convenient hearing of
persons who are at the swimming pool side shall be unlawful.
A.
All electrical installations shall conform to the specifications
of the National Electrical Code. No electric 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 underground, unless enclosed in a rigid
conduit, or within five feet if overhead.
B.
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.
C.
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 3-20-1978 by Ord. No. 390; 12-21-1992 by Ord. No. 536]
Any person partnership or corporation violating any provision
of this ordinance shall, upon conviction thereof, be sentenced to
pay a fine of not less than $100 nor more than $1,000 and costs of
prosecution, or in default of payment of such fine and costs, to undergo
imprisonment for not more than 30 days. Provided: each violation of
any provision of this ordinance, and each day the same is continued,
shall be deemed a separate offense.