For the purpose of this chapter, the following terms shall have the
following meanings unless otherwise provided:
APPROVED
Accepted or acceptable under applicable specifications stated in
this chapter, or accepted or suitable for the proposed use under the procedures
and powers of administration delegated in this chapter.
BOARD OF HEALTH
Includes the Health Officer or other duly authorized representative
thereof, except in such case when the Board is referred to in a manner that
contemplates action by it as a body.
CONSTRUCT
Includes the construction, building, or installing of a new swimming
pool or the enlarging of an existing swimming pool or any of the facilities.
PORTABLE POOL
Any above-surface-type of swimming, bathing, or wading pool, constructed
of canvas, rubber, plastic or other material, not designed or intended to
be stationary or permanently fixed, but designed and intended to be removed
and stored.
SWIMMING OR BATHING POOL
Any private pool, whether permanently constructed or of the portable
type, having a depth of more than 18 inches below the level of the surrounding
land, or an above-surface pool having a depth of not more than 30 inches,
designed, used, and maintained for swimming or bathing purposes by an individual
for use of the members of his household and guests, and located on the applicant's
land as an accessory use to a residence, and shall include all buildings,
structures, equipment and appurtenances thereto.
WADING POOL
Includes any shallow pool not included under the definition of "swimming
or bathing pool" above.
The application of the provisions herein to a permanently installed
swimming or bathing pool constructed prior to July 1, 1958, shall be as follows:
A. Such pool shall not be subject to the requirements under §
277-7A hereof, pertaining to distances of pool from boundary lines, etc., unless an enlargement of facilities is sought.
B. Exempt from the requirements under §
277-6 pertaining to permits and fees, unless an enlargement of facilities is sought.
C. Such pools, however, shall be subject to all the provisions and regulations relating to safety and sanitation, including §
277-7E pertaining to the Sanitary Code of the Board of Health, but also subject to the right of appeal provided in §
277-8.
D. The provisions of this chapter shall not apply to wading
pools, unless specific reference is made in any section herein to such type
of pool.
It shall be unlawful for any person to construct, install or maintain
a swimming or bathing pool in the Borough without having first complied with
the provisions of this chapter.
Any person violating any of the provisions of this chapter shall, upon
conviction thereof, be subject to a fine not exceeding the sum of $100, and
upon default in the payment thereof, may be imprisoned in the county jail
for a term not exceeding 30 days. Every day that such violation continues
shall be deemed to be a separate offense.