[HISTORY: Adopted by the Board of Commissioners of the Township of
Ridley 6-15-1988 by Ord. No. 1627. Amendments
noted where applicable.]
A.
FENCE
FOOTING
PERSON
PRIVATE SWIMMING POOL
SWIMMING POOL
WADING POOL
Unless otherwise expressly stated, the following words
shall have the meanings herein indicated:
An enclosure. Such enclosure shall be at least four feet in height
constructed of masonry, wood or metal, with apertures no larger than three
inches, equipped with a self-closing gate and complete with a key-operated
lock.
The spreading at the base or bottom of a wall or other construction.
Any person, copartnership, association, firm or corporation.
Any swimming pool 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
said swimming pool.
A body of water in an artificial or semiartificial receptacle or
other container, whether located indoors or outdoors, in-ground or aboveground,
having a depth of water at any point of more than two feet or a surface area
of more than 100 square feet, used or intended to be used for private swimming
by adults or children, or by both adults and children.
An artificially constructed pool intended for use by children, not
designed or used for swimming, with a maximum area of 100 square feet or a
maximum water depth at any point of less than two feet.
It shall be unlawful for any person to construct, install, establish
or maintain, alter, remodel, reconstruct or operate a private swimming pool
without having obtained a permit therefor in the manner prescribed herein:
A.
The application for a permit shall be submitted to the
Code Enforcement Officer on forms supplied by the Township, together with
three sets of plans and specifications setting forth the details of the construction,
four sets of drainage plans acceptable to the Township Engineer and four sets
of plot plans showing:
C.
Upon approval of the plans and specifications, one set
of each, so marked, will be returned to the applicant and must be kept on
the site with the permit during construction, available to the Code Enforcement
Officer. No change in the same shall be made without written notification
to and approval, in writing, by the Code Enforcement Officer.
D.
In all cases where an in-ground pool is proposed, the
swimming pool contractor or, if none, the property owner shall deposit the
sum of $1,000 with the Township as an escrow fund prior to the issuance of
a building permit in order to guarantee the removal of the excavated dirt
from the premises upon completion of the work. The escrow agreement shall
provide for the Township to have the excavated dirt removed at the contractor's
expense by use of the escrow funds if the contractor has not done so within
30 days after the pool is substantially completed.
[Added 9-27-1989 by Ord. No. 1651]
A.
All swimming pools now existing or hereafter constructed,
installed established or maintained, with the exception of wading pools, shall
be completely and continuously enclosed by a permanent durable wall, fence
or barrier, which shall be not more than six feet nor less than four feet
in height above grade and 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.
(1)
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.
(2)
A dwelling house or accessory building may be used as
a part of such enclosure.
(3)
All gates used in conjunction with any of the above-described
enclosures shall conform to the specifications required above to the 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, provided that the door of any dwelling which forms part of
the enclosure need not be so equipped.
(4)
Gates and doors shall be locked when the pool is not
in use or is unguarded or unattended.
(5)
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.
(6)
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 from gaining entry
to the pool by climbing over the equipment.
B.
Every outdoor wading pool shall be enclosed by a durable
wall, barrier or fence, as described in the preceding subsection, unless such
outdoor wading 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.
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 wires shall be nearer than six
feet to the water's edge, nor 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. Any underwater lighting shall be accomplished by the use
of methods and materials approved for such purposes by the National Board
of Fire Underwriters or other nationally accredited agency.[1]
D.
The buildings, grounds, dressing rooms and all other
swimming pool facilities shall be kept clean and in a sanitary condition and
maintained free from garbage, trash and other refuse.
A.
There shall be no discharge or drainage of water from
a private swimming pool until the Code Enforcement Officer has determined
that the method or manner of emptying the pool and the connections of such
drain to the storm sewer or open stream, or upon the land, is not contrary
to the public interest or maintenance of the storm sewer system or to the
interest of other property owners.
B.
In matters pertaining to technical requirements for the
discharge of water from a swimming pool, the Code Enforcement Officer shall
obtain, as needed, the consultation of the Township Engineer.
A.
Vacant residences. All private swimming pools shall be
drained and maintained free of water or safely covered during the period that
the property is vacant or unoccupied. This subsection shall not be applicable
during reasonable temporary absences by the owner or operator of any swimming
pool.
B.
Polluted water. No body of water, whether it be a natural
or artificial body of water, in the Township shall be used for swimming or
bathing purposes, by any person or persons, which contains sewage, waste or
other contamination or polluting ingredients rendering the water hazardous
to the health, safety or welfare of such person or persons.
C.
The Code Enforcement Officer may make modifications in
individual cases, upon good cause being shown, with respect to the height,
nature or location of fences, walls, gates or latches, or the necessity therefor,
provided that the protection sought hereunder is not reduced thereby. The
Code Enforcement Officer may permit other protective devices or structures
to be used so long as the degree of protection afforded by the substitute
devices or structures is not less than the protection afforded by the wall,
fence, gates and latches required herein.
No artificial lighting shall be maintained or operated in connection
with private swimming pools in such a manner as to be a nuisance or an annoyance
to neighboring properties.
A.
It shall be the duty of the Code Enforcement Officer
to enforce the provisions of this chapter. The Code Enforcement Officer 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 chapter.
B.
Every private swimming pool constructed, installed, established
or maintained or to be constructed, installed, established or maintained in
the Township of Ridley shall at all times comply with the requirements of
the local Board of Health. Any nuisance or hazards to health which may exist
or develop in or in consequences 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 said pool is located within 10 days of receipt of
notice from the Code Enforcement Officer of the Township of Ridley.
C.
In case such order of abatement is not obeyed within
the time specified herein, the Code Enforcement Officer shall thereupon issue
a written order to remove or abate the same, which order shall be executed
by him and his subordinates and workmen, and the expense thereof shall be
recoverable from the owner of the premises upon which the swimming pool is
located, in the same manner as debts of like character are now collected by
law.
Whenever the owner of any swimming pool about to be, or in the course
of being, erected or altered takes exception to the decision of the Code Enforcement
Officer in refusing to approve the issuance of a permit or in refusing to
approve the manner of construction or the kinds of materials to be used in
the construction or alteration or to its decision as to the pool's safety
or its compliance with the provision of this chapter, such owner or his duly
authorized attorney or agent may, within 10 days after such decision, appeal
therefrom to the Committee on Building Regulations of the Board of Township
Commissioners. Such appeal shall be in writing, shall state the decision of
the Code Enforcement Officer and the reasons for the exception taken thereto,
shall be verified by affidavit and shall be filed with the Township Secretary.
The person appealing shall have the right to appear and to be heard if he
states his desire so to do in his written appeal. A prompt decision of such
appeal shall be made by the Board of Commissioners and shall be duly recorded,
and the decision shall be final.
Any person violating any of the provisions of this chapter or any regulations
and specifications adopted hereunder shall, upon conviction thereof before
a District Justice of the Township or any other court of competent jurisdiction,
be sentenced to pay a fine of not more than $1,000 for each offense, and costs
of prosecution, and in default of payment of said fine and costs, shall be
imprisoned in the Delaware County Jail for a period not exceeding 30 days.
Each day that a violation is permitted to exist shall constitute a separate
offense.
