CROSS REFERENCES
Building permit fees — See § 1408.03.
Building permits; exemptions; commencement of work — See
§ 1408.01.
Plans and specifications — See § 1408.02.
Water — See Ch. 1040.
STATUTORY REFERENCES
Authority to abate nuisances and dangerous structures — See
Borough Code 8 Pa.C.S.A. § 1202(4), (5).
Recreation places — See Borough Code, 8 Pa.C.S.A.
§§ 2700 et seq.
[Ord. 155, passed 7-11-1960; Ord. 545, passed 8-12-1991]
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
An enclosure that is six feet in height with an aperture
not larger than three inches and equipped with a self-closing gate
and complete with a key-operated lock. An artificial fence shall not
be more than two inches above grade at the bottom of the artificial
fence. (See Appendix I following the text of this chapter.)
The area of a lot lying between the street and the residence
setback line extending across the full width of the lot and/or the
depth of a corner lot.
Any body of water, tank or receptacle for water, whether
artificially constructed or semiartificially constructed, used or
intended to be used for swimming or bathing solely by the owner, operator
or lessee thereof and his or her family and by friends invited to
use it without payment of any fee, and constructed, installed, established
or maintained outside any building in or above ground upon any premises
as an accessory use to the residence. Portable pools under two feet
in depth are excluded from this definition.
[Ord. 155, passed 7-11-1960]
No person shall construct, erect, install, establish or maintain,
or alter, remodel, reconstruct or otherwise improve, a private swimming
pool, without having obtained a permit therefor as prescribed in § 1444.03.
However, no permit shall be required for a pool of the portable type
with a maximum depth of less than two feet.
[Ord. 155, passed 7-11-1960]
(A)
Applications for permits required by § 1444.02 shall be
submitted to the Building Inspector, together with two sets of plans
and specifications setting forth the details, area and depth of the
proposed construction in all of its parts, together with a plot plan
showing the location of the buildings on the lot, the fencing, existing
and planned, and the height and aperture dimensions thereof, and all
open spaces required by this chapter, drawn to scale and dimensioned.
(B)
Applications shall be made on forms supplied by the Building Inspector.
The fee for the permit shall be as set forth in § 208.06(K)
of the Administration Code. Upon approval of the plans and specifications
by the Building Inspector, one set of each so marked will be returned
to the applicant and must be kept on the site with the permit and
be available at all times to the Building Inspector or other officers
of the Borough. No change in the plans and specifications shall be
made without prior notification to and the approval of the Building
Inspector.
[Ord. 155, passed 7-11-1960]
The Building Inspector shall review the plans and specifications
submitted to determine their compliance with all requirements of this
chapter, the Building Code, the Zoning Code and any and all other
applicable ordinances of the Borough.
[Ord. 155, passed 7-11-1960; Ord. 545, passed 8-12-1991]
(A)
All swimming pools shall be safely constructed of materials so that
they will be structurally sound, waterproof and easily cleaned. Suitable
footings, where reasonably necessary, may be required by the Building
Inspector. Provisions shall be made for outlets or drains to permit
the pool to be completely drained or emptied, in a manner found by
the Building Inspector to be in accordance with the public interest,
the proper maintenance of the public sanitary sewer and storm sewerage
systems and the interest of adjoining property owners. Construction
and design shall be such that they may be maintained and operated,
and they shall be maintained and operated, as to be clean and sanitary
at all times. The owner of every private swimming pool shall be responsible
for the maintenance of such pool in such condition as to prevent breaks
in the pool chassis and prevent water from the pool overflowing onto
adjacent property.
(B)
Where a wall of a dwelling serves as part of the barrier, all doors
with direct access to the pool through the wall shall either:
(1)
Be equipped with an alarm that meets the following requirements:
(a)
The alarm shall produce an audible warning when the door and
its screen, if present, are opened;
(b)
The alarm shall sound continuously for a minimum of 30 seconds
immediately after the door is opened and be capable of being heard
throughout the house;
(c)
The alarm shall automatically reset under all conditions; and
(d)
The alarm shall be equipped with manual means, including, but
not limited to, touchpads or switches, to temporarily deactivate the
alarm for a single opening from either direction. Such deactivation
shall last for no more than 15 seconds. The deactivation touchpads
or switches shall be located at least 54 inches above the threshold
of the door.
(2)
Be equipped with other means of protection, such as self-closing
mechanisms and self-latching devices, which are approved by the governing
body and are as protective as the alarm described in Division (B)(1)
hereof.
[Ord. 155, passed 7-11-1960]
There shall be no physical connection between a public or private
water supply system and any private swimming pool at a point below
the maximum water line of the pool or to a recirculating or heating
system of such pool.
[Ord. 286, passed 8-11-1969]
(A)
No person shall cause or permit water to drain or discharge from
any swimming pool onto private property. All water drainage or discharge
shall be into a street or a storm sewer, except as allowed by Division
(B) hereof.
(B)
The discharge of water from any private swimming pool into the sanitary
sewerage system shall be permitted only after a plumbing permit for
the same has been issued in accordance with the Plumbing Code and
other applicable Borough ordinances, and only with the approval of
Council. Approval for such discharge of water into the sanitary sewerage
system shall not be given if it is feasible to discharge water from
a pool into a storm sewer.
[Ord. 545, passed 8-12-1991]
A permit must be obtained from the Building Inspector for the
purpose of discharging water from a private swimming pool into the
sanitary sewer system. Any owner, lessee or occupant of any property
where such a pool is located must first obtain a permit before water
may be discharged. Water can only be discharged at a time designated
and allowed by the Building Inspector and endorsed on the permit.
[Ord. 155, passed 7-11-1960]
No private swimming pool shall be located closer than 10 feet
to a property line or closer than eight feet to a cellar or basement,
nor shall it be constructed in the front yard of any property. Accessory
buildings, such as locker rooms, bathhouses, cabannas, shower rooms,
toilets and other physical facilities or equipment incident to the
operation of any private swimming pool, shall conform to the requirements
of the Building, Zoning and Plumbing Codes.
[Ord. 545, passed 8-12-1991]
Every private swimming pool shall be completely surrounded by
an artificial fence which shall comply with the requirements stated
in § 1444.01. Every person maintaining a private swimming
pool shall keep the gate closed and securely locked at all times when
such pool is not in use by the person maintaining the same, or by
his or her family or his or her guests. If an existing artificial
fence erected after July 11, 1960, is replaced, the new artificial
fence shall be in compliance with § 1444.01.
[Ord. 155, passed 7-11-1960]
No artificial lighting shall be maintained or operated in connection
with private swimming pools in such location or manner as to be a
nuisance or an unreasonable annoyance to neighboring properties. Artificial
lighting shall be so arranged and shaded as to reflect light away
from adjoining premises.
[Ord. 155, passed 7-11-1960]
(A)
Every private swimming pool constructed, installed, established or
maintained in the Borough shall at all times comply with all 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 shall be abated and removed by the
owner, lessee or occupant of the premises on which the pool is located
within 10 days of receipt of notice from the Building Inspector or
Health Officer of the Borough. It shall be the duty of the Building
Inspector and the Health Officer, respectively, to enforce the provisions
of this chapter.
(B)
The Building Inspector and/or the Health Officer, or any of their
assistants or deputies, shall have the right to enter any premises
or any building or other structure for the performance of their duties
to ascertain compliance with this chapter.
Whenever the owner of any swimming pool about to be or in the
course of being erected or altered excepts to a decision of the Building
Inspector in refusing to approve the issuance of a permit or in refusing
to approve the manner of construction or alteration, or to a decision
as to its safety or compliance with any of the provisions of this
chapter, such owner or his or her duly authorized attorney or agent
may, within 10 days after such decision, appeal therefrom to the Zoning
Hearing Board. Such an appeal shall be in writing, shall state the
decision of the Building Inspector and the reasons for the exception
taken thereto, shall be verified by affidavit and shall be filed with
the Borough Secretary. The person appealing shall have the right to
appear and to be heard if he or she states his or her desire to do
so in his or her written appeal. A prompt decision of such appeal
shall be made by the Zoning Hearing Board and shall be duly recorded.
[Ord. 155, passed 7-11-1960]
A separate offense shall be deemed committed each day during
or on which a violation or noncompliance with any of the provisions
of this chapter, including any regulation, order or direction of the
Building Inspector or Health Officer, occurs after notification of
the violator by the Building Inspector or Health Officer or by service
of summons in a prosecution that he or she, the violator, is committing
a violation.
[1]
Editor's Note: See § 202.99 for general code
penalty if no specific penalty is provided.
