Township of Whitpain, PA Swimming Pools

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Editor's Note: Ordinance No. 22-15 originally amended the 1984 BOCA Basic/National Building Code, Sections 616.9 and 616.10. This numbering was changed to reflect the numbering of the 1990 BOCA National Building Code, which is the standard currently in effect in the Township. See § 71-44.

There are hereby added to the BOCA National Building Code the following modifications:

Modify the following section as follows:

	623.9 Swimming pool safety devices:
	623.9.1 Permit required: Following the effective date of this section, it shall be unlawful for any person or persons, club, firm, corporation, partnership, institution or association to construct, alter, add to, use or operate, or continue to use or operate, any bathing or swimming place or swimming pool or artificial body of water or any other structure intended to be used for bathing or swimming purposes in which water may collect in excess of a depth of two feet, until a permit is first obtained from the Code Enforcement Officer of the Township of Whitpain.
	623.9.2 Location restrictions; fence construction: No bathing or swimming place or swimming pool or artificial body of water or any other structure intended to be used for bathing or swimming purposes in which water may collect in excess of a depth of two feet shall be constructed, altered, added to or operated within 100 feet of any property line of the property on which it is located unless such swimming pool or place is surrounded by a fence around the entire property line of the property on which it is located, or unless such swimming pool or place is surrounded by a fence around the entire perimeter. The type, quality and method of construction of said fence shall be such as shall be approved by the Code Enforcement Officer, with the intent that it shall act as a safeguard and protection to children. Such fence shall be at least four feet in height, nonremovable and shall have a self-closing and self-latching-type gate and shall be such as to prevent children and stray animals from going through it, provided that existing nonconforming fences may be approved by the Township Code Enforcement Officer. [Amended 6-16-1997 by Ord. No. 22-27]
	623.9.3 Permit applications; fencing required:
	1.	All applications for permits shall be made in writing and shall be submitted in duplicate and shall include such drawings or other data as may be required by the Code Enforcement Officer and shall satisfactorily indicate the type of fence and method of pool construction used.
	2.	All bathing or swimming places or swimming pools or artificial bodies of water or any other structure to be used for bathing or swimming purposes henceforth constructed shall be fenced in in compliance with this subsection.
	623.9.4 Zoning requirements: The location of swimming pools and other swimming structures regulated by this subsection shall be governed by the provisions of Chapter 160, Zoning, as amended, and for the purposes of said chapter shall be deemed to constitute a structure.
	623.9.5 Water regulations: Water pumped or drained from swimming pools, permanent or otherwise, shall be subject to the following:
	1.	Water from swimming pools shall not be pumped, emptied or drained onto public land or public thoroughfares at a rate greater than that which will allow water flow to extend more than 18 inches from the nearest curb or drainage ditch.
	2.	Water pumped or drained from a swimming pool shall not be permitted to flow or drain onto any adjoining property without first obtaining written permission from the owner of that property.
	3.	No swimming pool shall be emptied, drained or connected to any public sanitary sewer system within the Township.
	623.9.6 Violations: For any and every violation of the provisions of this subsection, the owner or possessor of any premises where such violation has occurred shall be liable, upon conviction thereof, to a fine or penalty not exceeding $1,000 for each and every offense, and whenever such person shall have been notified by the Code Enforcement Officer that he is committing such violation of this subsection, each day that he shall continue such violation after such notification shall constitute a separate offense punishable by a like fine or penalty. [Amended 1-2-1989 by Ord. No. 184]