[Ord. #368, S 92-1; Ord. #1999-24, S 1]
As used in this Chapter:
- ABOVE GROUND SWIMMING POOL
- shall mean any swimming pool that sits on the ground and/or is placed or constructed less than eighteen (18") inches into the ground as measured from the existing grade prior to the construction or placement thereof.
- shall mean and include building or installing a new swimming pool or enlarging an existing swimming pool or any of its facilities.
- IN GROUND SWIMMING POOL
- shall mean any swimming pool placed or constructed more than eighteen (18") inches into the ground as measured from the existing grade prior to the construction thereof.
- PORTABLE POOL
- shall mean any above-surface-type pool of more than one hundred (100) cubic feet capacity, not stationary or fixed and capable of being removed for storage.
- PRIVATE SWIMMING POOL
- shall mean pools used for swimming or bathing which shall be in conformity with the requirements of this Chapter, provided, however, these regulations shall not be applicable to any such pool less than twenty-four (24") inches (610 mm) deep or having a surface area less than two hundred fifty (250) square feet (23.25 m), except when such pools are permanently equipped with a water recirculating system or involve structural materials.
- SWIMMING POOL
- shall mean and include fill and draw, flow-through and recirculation pools, outdoor and indoor, which are artificially constructed to provide recreation facilities for swimming, bathing or wading and all buildings, equipment and appurtenances thereto. It shall not include natural outdoor ponds, rivers, lagoons or lakes, nor baths used for cleansing of the body or practice of the healing arts.
- WADING POOL
- shall mean and include any artificially constructed pool intended for use by children, not designed or used for swimming, with a maximum area of one hundred twenty (120) square feet and a maximum water depth of eighteen (18") inches.
[Ord. #368, 92-2]
All private swimming pools now existing or hereafter constructed, installed, established or maintained, with the exception of wading and portable pools, shall be completely and continuously surrounded by a permanent durable wall, fence or barrier not less than four (4') feet in height above grade, and shall be so constructed as to have no opening, mesh, hole or gap larger than two (2") inches in any dimension, except for doors and gates; provided, however, if a picket fence is erected or maintained the horizontal dimension of any gap or opening shall not exceed two and one-half (2 1/2") inches. A dwelling house or accessory building may be used as part of such enclosure. All gates used in conjunction with any of the above-described enclosures shall conform to the specifications required above as to 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 gates or doors securely closed at all times when not in actual use. Gates and doors shall be locked when the pool is not in use or is unguarded or unattended.
Every outdoor wading pool or portable pool shall be enclosed by a durable wall, barrier or fence as described in the preceding paragraph, unless such outdoor wading pool or portable pool be:
Emptied when not in use or unattended; or
Covered with a suitable, strong protective covering, securely 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 one hundred (100) pounds.
All persons now owning or maintaining any outdoor swimming or wading pool shall be and are hereby granted a period of sixty (60) days after the effective date hereof within which to enclose the same as herein provided; except that any such person now owning or maintaining an outdoor swimming or wading pool presently enclosed by a fence or barrier which substantially complies with the requirements of this Section may be exempted from the strict requirements thereof until such time as he/she may substantially alter, remove, replace or rebuild such fence, upon obtaining from the Construction Official a "certificate of substantial compliance" as hereinafter provided.
"Substantial compliance," for the purpose of this section, shall mean and include any fence or barrier which now or hereafter shall be maintained at a minimum height of forty-two (42") inches above grade and have no openings, mesh, hole or gap larger than four (4") inches in any dimension.
A certificate of substantial compliance may be granted by the Construction Official within ninety (90) days after the effective date hereof upon written application to and establishing to the satisfaction of the Borough, in such a manner as shall be prescribed by the Borough, that the applicant's fence is maintained in substantial compliance with the requirements of this section.
The provisions of the within Chapter shall not be applicable to those swimming pools which are commonly known as "above-the-ground swimming pools." That is to say, swimming pools which are elevated above the surface of the ground four (4') feet or more and access to which can only be gained by ascending a ladder or stairway.
The provisions of this section with respect to fencing surrounding private swimming pools shall not be applicable when and if a fence shall completely surround the premises upon which the swimming pool has been or may be constructed, i.e., if a fence similar to that which is described in Section 16-2, paragraph a. of this Chapter is or shall be constructed along the entire outer perimeter of the lot upon which the swimming pool is constructed, then and in that case it shall not be a requirements to construct another fence immediately surrounding the swimming pool.
[Ord. #368, S92-4; Ord. #503, S 92-4]
Every private swimming pool, wading pool or portable pool constructed, installed, established or maintained in the Borough shall at all times comply with the requirements of the local Board of Health. Any nuisance or hazard to health which may exist or develop in or in consequence of or in connection with any such private swimming pool, wading pool or portable pool shall be forthwith abated and removed by the owner, lessee or occupant of the premises on which the pool is located, upon receipt of notice from the Zoning and Code Enforcement Officer of the Borough.
It shall be the duty of the Zoning and Code Enforcement Officer to enforce the provisions of this Chapter. All complaints shall be filed with the Zoning and Code Enforcement Officer, in accordance with Chapter VIII, Section 8-3.
The owner or operator of any pool within the Borough shall allow the Zoning and Code Enforcement Officer, Construction Official or other authorized official access to any private swimming pool or wading pool or portable pool and appurtenances thereto for the purpose of inspection to ascertain compliance with this Chapter and all other pertinent Borough ordinances, at all reasonable times.