[HISTORY: Adopted by the Borough Council of the Borough of Economy 5-13-1975
as Ord. No. 158. Amendments noted where applicable.]
The provisions of this chapter shall be known as the "Private Club and
Residential Swimming Pool Ordinance" and shall be deemed presumptively to
provide for all matters affecting or relating to the location, design, construction,
equipment, maintenance, alteration, repair and operation of private residential
swimming pools constructed within the Borough.
A. For the purpose of this chapter, the following terms,
phrases, words and their derivations shall have the meanings given herein:
BOROUGH
The Borough of Economy, County of Beaver, and Commonwealth of Pennsylvania.
PERSON
Any person, firm, partnership, association, corporation, company
or any other organization of any kind.
SWIMMING POOL, ABOVEGROUND-TYPE, SEMIPERMANENT
Any private residential or club swimming pool semipermanently constructed
as a receptacle for water or any artificial body of water, together with all
appurtenant equipment, which has a depth at any point of more than 36 inches
or a surface area exceeding 100 square feet, and which is intended or used
for the total or partial immersion therein of human beings for recreational
purposes, and which is permanently or indefinitely or semipermanently located
outside of any building used as a family residence or club, which is intended
to be used as a swimming pool in connection with such family or club, and
which is to be available only to the owner, occupant or club member of such
residence and his or her family and guests or club member, for which use no
admission is charged for use of the private residential pool. The "thirty-six-inch
depth," quoted herein, is defined as the depth from the floor of the swimming
pool, at any point, to the top of any wall, regardless of the depth of the
water. A swimming pool with a sidewall height in excess of 36 inches is, therefore,
covered by this chapter, even though only filled with 36 inches or less of
water.
SWIMMING POOL, IN-GROUND-TYPE
Any private club or residential swimming pool permanently constructed
as a receptacle for water or any artificial body of water, together with all
appurtenant equipment, which has a depth at any point of more than 23 inches
or a surface area exceeding 100 square feet, and which is intended or used
for the total or partial immersion therein of human beings for recreational
purposes, and which is permanently or indefinitely located, constructed or
installed in the ground outside of any building used as a family residence,
or which is intended to be used as a swimming pool in connection with such
club or family, and which is to be available only to the owner, occupant or
club member of such residence and his or her family, guests or club member,
for which use no admission is charged for use of the residential or club pool.
The "twenty-three-inch-depth," quoted herein, is defined as the depth from
the floor of the swimming pool, at any point, to the top of any wall, regardless
of the depth of the water. A swimming pool with a sidewall height in excess
of 23 inches is, therefore, covered by this chapter, even though only filled
with 23 inches or less of water.
ZONING OFFICER
The Zoning Officer of the Borough of Economy, County of Beaver, and
Commonwealth of Pennsylvania.
B. The word "shall," as used herein, is to be construed
as mandatory and not directory.
Every swimming pool, as herein defined, constructed, installed, altered, maintained or operated after the effective date of this chapter shall comply with all applicable provisions of this chapter. The provisions of this chapter shall apply to all swimming pools located in the Borough, whether previously or hereafter constructed; provided, however, that, with regard to any such swimming pool which has been constructed or substantially constructed at the time of the enactment of this chapter, the provisions of §
166-8, Location, and §
166-9, Slope; lifeline, shall not apply, except to such additions or other alterations as may hereafter be made thereto; and conformity to the remaining provisions of this chapter in regard to previously constructed or substantially constructed swimming pools at the time of enactment of this chapter shall not be required until 60 days after the enactment hereof or such longer period as may be allowed, upon written request, by the Zoning Officer, subject to the approval of the Council of the Borough of Economy.
No swimming pool shall hereafter be constructed, installed, enlarged
or altered unless a building permit shall first be issued therefor by the
Zoning Officer of the Borough, which permit shall be issued if, but only if,
the proposed swimming pool or alteration is in conformity with the requirements
of this chapter, with all other relevant ordinances of the Borough and with
all applicable requirements of the Department of Health of the County of Beaver
and the Department of Environmental Protection of the Commonwealth of Pennsylvania.
A fee of $15 shall be paid to the Borough for each such permit prior to the
issuance thereof.
A. Every application for a permit to construct or alter
any swimming pool shall be accompanied by a plan, in duplicate, on paper or
cloth, prepared in ink or by other process so as not to fade, smear or obliterate
and in sufficient detail to show all of the following:
(1) Plot plan and elevations with dimensions all drawn to
scale of not less than one-eighth (1/8) inch to the foot.
(2) Pool dimensions, depths and volume in gallons.
(3) Pipe and size of filter system, filtration and backwash
capacity or cleaning system where the filter has no backwashing facility.
(4) Pool piping, layout, with all pipe sizes shown, and the
types of material to be used and manner of filling.
(5) Rated capacity and head of filtration and backwash flows
of the pump in gallons per minute with the size and type of motor.
(6) Location and type of waste disposal system.
B. Every such application shall be accompanied by one copy
of the manufacturer's specifications for the recirculatory system.
C. Every such application shall be accompanied by detailed
drawings of equipment, if any, to be connected to the Borough storm sewer
lines, which shall show that such equipment and connection will comply with
the plumbing provisions of Borough and county ordinances.
D. Every swimming pool, including water supply and drainage
systems and other appurtenances and equipment, shall be constructed or installed
in accordance with the plans submitted to and approved by the Zoning Officer
of the Borough pursuant to the provisions of this chapter, and no deviation
shall be made from such plans unless supplementary plans relating thereto,
conforming to the provisions of this chapter, are submitted for approval.
No swimming pool, regardless of when constructed or installed, shall
be operated or used unless a permit for such operation has been issued by
the Zoning Officer, which permit shall be issued if, but only if, such swimming
pool and its operation conform to the applicable requirements and conditions
of this chapter and of all other applicable ordinances of the Borough and
to all relevant requirements of the Department of Health of Beaver County
and the Department of Environmental Protection of the Commonwealth of Pennsylvania.
All swimming pools shall be subject to inspection by the Zoning Officer
of the Borough to determine whether the provisions of this chapter are being
complied with, and the owners of any such swimming pools shall permit the
designated agents of the Zoning Officer to have access thereto at reasonable
times for that purpose. Any permit issued pursuant to the provisions of this
chapter shall be suspended or revoked by the Zoning Officer of the Borough
in the event that a violation of any of the requirements or conditions imposed
by this chapter is determined by him to have occurred.
All swimming pools, including surrounding walkways, pumps and filters,
shall be treated as accessory buildings as defined under the Borough's
Zoning Ordinance and shall be treated accordingly.
The slope of the bottom of any swimming pool shall not exceed one foot
in each six feet at any point at which the depth of the water is less than
five feet. At the point at which the depth of the water becomes greater than
five feet, corrosion-resistant fasteners shall be securely installed in the
walls or coping on opposite sides of the pool, and a lifeline, with floats
not more than five feet apart, shall be attached thereto.
A. Every swimming pool, including those now existing or
under construction, shall be separated entirely from public thoroughfares
and neighboring properties by a securely constructed and installed artificial
fence or similar artificial barrier or any other type fence approved by the
Zoning Officer having a height at all points of at least four feet above the
grade level. No opening in such a fence or barrier, other than regular points
of entry, shall have either a length or width in excess of two inches. All
points of entry into the area of the swimming pool shall be equipped with
a secure gate having a lock operated by a key for keeping the gate closed
and locked at all times when the pool is not in use; provided, however, that
the door of any dwelling house which forms a part of the fence or barrier
enclosure need not be so equipped.
B. All pools which have a depth of 36 inches or more, including
those now existing or under construction, shall be equipped with a removable
or retractable ladder or steps. Pools which are equipped with aboveground
decks will also be equipped with removable or retractable ladder or steps.
Such pools equipped with gates will be closed and locked at all times when
the pool is not in use. All pools equipped with aboveground decks will also
be equipped with a back rail, which is to be approved by the Zoning Officer.
A. There shall be a means of water renewal with all swimming
pools. The means of water renewal for all swimming pools shall be either of
the fill-and-draw system or of some mechanical filtration system. Whichever
system is used, the system shall be capable of maintaining a clean and sanitary
condition at all times and be subject to the inspection by the Zoning Officer.
B. Approval, which shall be in writing, may be given by
the Zoning Officer to discharge water at the curb or upon the surface of any
street if, in the opinion of the Zoning Officer, no damage will be done by
the discharge of water to the street or to any abutting properties.
Materials used in the construction of all swimming pools shall be waterproofed,
and the owner of any swimming pool shall maintain said pool in such a condition
as to prevent breaks in the pool structure or water from overflowing onto
adjacent public or private property.
All lighting used to illuminate any pool shall be so arranged and shaded
as to reflect light away from adjoining premises. All underwater lighting
shall, at the time of installation, comply with the equipment, installation
and maintenance standards of the Electrical Inspection Bureau of the Middle
Department Association of Fire Underwriters, and a duplicate copy of any inspection
reports made by such an agency or its successors shall be filed within 30
days of its receipt with the Zoning Officer by the owner of any pool.
A. All electric wiring installed shall be installed and
used in conjunction with swimming pools in conformity with National Electric
Code standards, and the materials used or installed shall be as approved by
the National Underwriters' Laboratories, Inc.
B. All metal fences, enclosures or railings which are located
near or adjacent to swimming pools and which might become electrically alive
as a result of a contact with broken overhead conductors or from any other
cause shall be effectively grounded.
All swimming pools shall be maintained in a clean and sanitary condition
in compliance with all applicable regulations of the Department of Health
of Beaver County and the Department of Environmental Protection of the Commonwealth
of Pennsylvania, and all equipment shall be maintained in a satisfactory operating
condition during the period of time when the pool is in use.
Regardless of the provisions of any other section of this chapter and
regardless of any permits which may be issued hereunder, no swimming pool
shall be used, kept, maintained or operated in the Borough if such use, keeping,
maintaining or operating thereof is at any time determined to constitute a
nuisance or to be unreasonably dangerous to life or detrimental to health.
[Amended 2-10-1987 by Ord. No. 274]
Any person violating any provision or regulation of this chapter shall,
upon conviction thereof before any District Justice, be fined a sum not exceeding
$300 and, upon any default of payment of such fine, may be committed to imprisonment
in the Beaver County Jail for a period not exceeding 90 days. Each day that
a violation is permitted to exist by such person after notice in writing shall
have been served upon him by the Zoning Officer of the Borough shall constitute
an additional, separate offense.