[Ord. #9/19/73, § 1]
As used in this chapter:
Shall mean building or installing a new swimming pool or
enlarging an existing swimming pool or any of its facilities.
Shall mean any above-surface pool in excess of 75 cubic feet
capacity considered stationary and not capable of being removed or
dismantled for storage.
Shall mean any pool in excess of 75 cubic feet capacity considered
to be constructed in such a manner as to require the excavation of
the ground shall be considered a permanent pool.
Shall include corporations, companies, associations, societies,
firms and partnerships as well as individuals.
Shall mean any above-surface-type pool of more than 75 cubic
feet capacity, not stationary or fixed, and capable of being removed
for storage.
Shall mean any pool of water having a water depth in excess
of twelve (12") inches and an area greater than 75 square feet, designed,
used and maintained for swimming purposes by an individual for use
by his household and guests without fees, and located on property
owned, leased or otherwise used and maintained by the owner of the
swimming pool; it shall further mean and include fill and draw, flow-through
and recirculation pools which are artificially constructed to provide
recreational facilities for swimming, bathing or wading, and all buildings,
equipment and appurtenances thereto. It shall not include natural
outdoor ponds, rivers or lakes, nor baths used for cleansing of the
body or practice of the healing arts.
Shall mean any artificially constructed pool intended for
use by children, not designed or used for swimming, with a maximum
area of 75 square feet and a maximum water depth of eighteen (18")
inches.
[Ord. #9/19/73, § 4]
a.
All pools supplied by a public or quasi-public water supply system
and not equipped with facilities for the recirculation and reuse of
the pool water shall be subject to closure by order of the Board of
Health during any period of emergency water shortage declared by a
duly authorized public official.
b.
Whenever any pool is a hazard to the health of the public, the Sanitary
and Health Officer is authorized to summarily close such pool upon
the failure of the owner, lessee or occupant of the premises upon
which such pool is located to take satisfactory action to abate such
hazard to the health of the public within 24 hours after the receipt
of the notice required by Section 12-12, paragraph a hereof, and keep
such pool closed until no further hazard to the public exists, subject
to the right of appeal to the Board of Health by the owner of such
pool. The appeal, however, shall not stay the action of the Sanitary
and Health Officer.
c.
In the case of abandoned pools of any type and when the Health Officer
determines if the pool is a hazard, he shall then request the Mayor
and Borough Council to take such necessary action to have the pool
drained or covered, or both, at the owners expense.
[Ord. #9/19/73, § 5]
All private swimming pools, wading pools or portable pools with
a water depth of more than one (1') foot, now constructed, installed,
established or maintained, or hereafter constructed, installed, established
or maintained within the Borough, shall be provided with the necessary
equipment to completely pump out or empty the pool, or shall be emptied
by providing one drainage outlet, to be installed at the lowest point
of the pool, not in excess of three (3") inches in diameter, extending
from the pool to either a storm sewer, catch basin, lawn watering
system, adequate dry well or sand filtering pit on the premises on
which said private pool is located. The discharge of water from such
pools into a storm sewer shall be permitted only where the capacity
is adequate as determined by the Borough Engineer. No private pool
drain, wading pool drain or portable pool drain shall be connected
into the sanitary sewer system. The discharge of the waters shall
in no case cause or create a nuisance to the abutting property, and
the discharge of waters, either directly or indirectly, upon the property
of others, shall be deemed a nuisance under the terms of this chapter.
[Ord. #9/19/73, § 6]
All private swimming pools, wading pools or portable pools with
a water depth of more than one (1') foot shall be disinfected
by the use of disinfecting agents with disinfecting qualities equal
to that obtained from chlorine-bearing compounds. No water shall be
used for swimming purposes which, when tested, shall show coliforms
contained therein. For the purposes of this section, the use of disinfecting
agents approved by the National Swimming Pool Institute, or such disinfecting
agents as shall meet the same or higher standards, shall be deemed
compliance with this section.
[Ord. #9/19/73, § 7]
a.
All private swimming pools now existing or hereafter constructed,
installed, established or maintained shall be completely and continuously
surrounded by a permanent durable wall, or fence which shall be no
more than six (6') feet nor 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. All fences shall be constructed
in accordance with requirements of the fence ordinance. 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 the fence. 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 gate or
door 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; provided, however, that nothing herein contained shall
be construed to require the construction of an additional wall, fence
or barrier where, in lieu thereof, the entire premises or a part thereof
wherein the pool is contained shall be fully enclosed by a wall, fence
or barrier which meets the specifications set forth herein.
b.
Every outdoor wading pool or portable pool shall be enclosed by a
durable wall, or fence as described in the preceding subsection, unless
such outdoor wading pool or portable pool be:
1.
Emptied when not in use or unattended; or
2.
Covered with a suitable, strong, protective covering 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 200 pounds.)
3.
All pools considered as above-ground type having a height above ground
of not less than four (4') feet or forty-eight (48") inches shall
be exempt from perimeter fencing only when the pool is provided with
a retractable or swing up ladder or steps or having additional fencing
above the forty-eight (48") inch or four (4') foot minimum and
be supplied with a gate and lock to deny access when pool is not in
use.
[Ord. #9/19/73, § 8]
a.
In-ground pools. All pools requiring excavation and having variable
depth shall be placed no less than five (5') feet from the back
property line and no less than five (5') feet from the side property
line. In the case of corner property, the front setback shall be no
less than twenty (20') feet from the property line and the side
street setback shall be no less than ten (10') feet from the
property line. Pools must be placed with the shallow end closest to
the foundation and a distance of no less than six (6') feet.
b.
Aboveground pools. Setbacks for this type pool shall be the same
as in-ground pools with the exception of distance from the foundation.
The aboveground pool may be placed no less than five (5') feet
from the foundation.
c.
All persons now owning or maintaining any outdoor swimming or wading
pool shall be and hereby are granted a period of 90 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
pool or wading pool presently enclosed by a fence or barrier which
complies with the requirements of this section may be exempted from
the strict requirements thereof for a period of one year to substantially
alter, remove, replace or rebuild such fence upon obtaining from the
Construction Code Official a certificate of substantial compliance,
as hereinafter provided.
1.
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-eight (48") inches above grade,
have no opening, mesh, hole or gap larger than four (4") inches in
any dimension and does not have any projections at any point on its
outer surface.
[Ord. #9/19/73, § 9]
a.
No artificial lighting shall be maintained or operated in connection
with a private swimming pool, wading pool or portable pool in such
a manner as to be a nuisance or an annoyance to neighboring properties.
Such lighting shall not shine directly upon any abutting property.
No unshielded lights shall be permitted.
b.
No excessive noise or other nuisance which annoys or disturbs the
comfort of anyone on neighboring properties shall be permitted in
connection with the operation or maintenance of any private swimming
pool, wading pool or portable pool.
[Ord. #9/19/73, § 10]
a.
Application for permits for the construction and maintenance of any private swimming pool or portable pool, as defined in Section 12-1 hereof, shall be made to the Construction Code Official by the owner of the property upon which it is to be constructed or by the contractor who will construct the same.
b.
Applicants shall pay a fee for a permit to erect a private swimming
pool or portable pool, as defined in this chapter, which permit fee
shall be inclusive of the permit fee required for the erection of
any accessory structure or structures to be used in connection with
such swimming pool, and which shall be at the same rate as is provided
for other improvements.
c.
No permit for a private swimming pool or portable pool as defined
in this chapter shall be issued by the Construction Code Official
until the plans, specifications and plot plan have been approved by
the Plumbing Inspector, and such approval must be directly obtained
from the Plumbing Inspector by the applicant.
[Ord. #9/19/73, § 11]
a.
Whenever any private swimming pool, by reason of mechanical defects
or lack of supervision is, in the opinion of the Board of Health,
polluted and detrimental to health, it shall be summarily closed.
b.
Owners or persons in possession of private swimming pools shall allow
the Enforcement Agency access to inspect the pool and the appurtenances
at any time it may be required by the Board of Health or the Mayor
and Borough Council.
c.
Any accessory building, such as locker rooms, toilets, runways, or
any other physical facility or equipment incident to the maintenance
and operation of any of the above described, shall be in conformance
with the rules and regulations of both the Board of Health and the
ordinances of the Borough.
d.
The Board of Health may cause any private swimming pool, as defined
in this chapter, to be inspected for compliance with building and
zoning regulations of the Borough.
[Ord. #9/19/73, § 12; New]
a.
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 Board of Health of the Borough.
b.
It shall be the duty of the Sanitary and Health Officer and/or the
Construction Code Official to enforce the provisions of this chapter.
c.
The owner or operator of any pool within the Borough shall allow
the Sanitary and Health Officer and/or Construction Code Official
access to any private swimming pool or wading pool or portable pool
and appurtenances thereto for the purpose of inspecting to ascertain
compliance with this chapter and all other pertinent Borough ordinances,
at all reasonable times.
