[Ord. 268, 5/2/1978, § 1; as amended by Ord. 427, 4/4/2006]
This Part shall regulate any constructed or erected in ground
or aboveground pool which is used, or intended to be used as either
a permanent or seasonal swimming or wading pool in connection with
family residence available to the family of the householder and/or
his or her private guests. It shall also regulate any inflatable or
other "temporary" pool which can hold more than 12 inches of water
and which is used, intended to be used, or maintained with 12 inches
or more of water in it for any period of time exceeding 24 hours.
As used throughout this Part, the term "permanent swimming pool" shall
include any pool, vessel, or other body of water, whether in ground
or above ground, which is intended to be maintained either permanently
or seasonally or which is otherwise intended to or does hold 12 inches
or more of water for any one period in excess of 24 hours.
[Ord. 268, 5/2/1978, § 2]
Any swimming pool or appurtenance thereto shall not be constructed,
installed, enlarged, or altered until a permit has been obtained from
the Building Inspector. Further, the approval of all County and State
authorities having jurisdiction over swimming pools shall be obtained
before applying to the Building Inspector for a permit. Certified
copies of these approvals shall be filed as part of the supporting
data for the application for the permit. "Permanent pool" shall be
defined as a pool constructed and maintained by a property owner in
excess of 30 days.
[Ord. 268, 5/2/1978, § 3; as amended by Ord. 427, 4/4/2006]
1.
Beginning on the effective date of this Part, it shall be unlawful
for any person, partnership, or corporation or other legal entity
owning or possessing land in the Township of Baldwin to erect, construct,
or maintain, or allow or assist another to maintain, for any period
of time exceeding 24 hours, any swimming or wading pool, fish pond,
or other body of water which contains 12 inches or more of water at
any point, unless said person owning or possessing such land shall
have obtained a permit from the Township Code Official for same and
shall have erected and maintains thereon an adequate fence enclosure
either surrounding the property or pool or pond area, which is sufficient
to make such body of water inaccessible to small children. Portable
pools, including inflatable pools, which are 12 feet or less in diameter
and which have a maximum depth capacity of 30 inches or less, shall
be exempt from the fencing requirement, provided that such pool shall
be equipped with and the owner utilizes an adequate cover to prevent
access by children of tender age during any period that the pool is
unattended by responsible individuals.
2.
Such fencing enclosure, including gates therein, must not be less
than four feet above the underlying ground; all gates must be self-latching
with latches placed four feet above the underlying ground or otherwise
made inaccessible from the outside to small children.
3.
Other protective devices approved by the Board of Commissioners of
the Township of Baldwin may be used so long as the degree of protection
afforded by the substituted devices or structures is not less than
the protection afforded by the fence enclosure, gate, and latch described
herein. Said fencing enclosure 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.
A.
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.
B.
A dwelling house or accessory building may be used as part of such
enclosure.
C.
Gates and doors shall be locked when the pool is not in use or is
unguarded or unattended.
D.
Nothing herein contained shall be construed to require the construction
of an additional wall or fence enclosure where, in lieu thereof, the
entire premises or the part thereof wherein the pool is contained
shall be fully enclosed by a wall, or fence enclosure which meets
the specifications set forth herein.
E.
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 gaining entry
to the pool by climbing over the equipment.
[Ord. 268, 5/2/1978, § 4]
1.
The following additional safety regulations shall apply for every
permanent swimming pool within this Township.
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 wire shall be nearer than six feet to the water's
edge, or 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 unless otherwise approved by the Building 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.
[Ord. 268, 5/2/1978, § 1]
[Ord. 268, 5/2/1978, § 6]
It shall be the duty of the Building Inspector to enforce the
provisions of this Part. The Building 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 Building 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 to comply
with the provisions of this Part and are no longer a nuisance, a menace,
or a hazard to health of safety.
[Ord. 268, 5/2/1978, § 7; as amended by Ord. 427, 4/4/2006]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this Part continues shall constitute
a separate offense.
[Ord. 236, 6/4/1974, § 1; as amended by Ord. 427, 4/4/2006]
Any resident of the Township of Baldwin desiring a season pass
for use of the Whitehall Borough Swimming pool shall make application
therefor to the Township on forms provided by the Township Secretary,
and shall pay a fee in an amount as established from time to time
by resolution of the Board of Commissioners.
[Ord. 236, 6/4/1974, § 2]
All residents of the Township of Baldwin who apply for and receive
season passes for use of the Borough of Whitehall swimming pool agree
to bide by whatever regulations the Borough Council of the Borough
of Whitehall adopt for the use of said swimming pool. All passes issued
pursuant to this Part shall be subject to the regulations adopted
and enforced by the Borough of Whitehall and the swimming pool manager.
[Ord. 236, 6/4/1974, § 3]
No season pass issued pursuant to § 23-201 of this Part will be transferable.
[Ord. 236, 6/4/1974, § 4; as amended by Ord. 427, 4/4/2006]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this Part continues shall constitute
a separate offense.
