[HISTORY: Adopted by the Borough Council (now Municipal Council)
of the Borough of Monroeville (now Municipality of Monroeville) 6-10-1958 by Ord. No. 135. Amendments noted where applicable.]
From and after the effective date of this chapter, no person
or corporation shall construct, maintain or operate a swimming pool
on his, her or its private residential premises unless he, she or
it shall have secured a building permit to construct such pool.
[Amended 7-8-1997 by Ord.
No. 2042]
Any person or corporation desiring to construct a new swimming pool on his, her or its residential premises and to thereafter maintain and operate the same shall be required to file with the Council of the Municipality of Monroeville an application for such a permit. The Council will grant such a permit upon the payment of the sum as provided in Chapter 194, Fees, of the Code of the Municipality of Monroeville, at the time the application is made, provided that the following conditions are observed:
A.Â
The application shall be signed by the parties desiring to construct
said swimming pool, together with their addresses, and the permit
will be granted only to the persons holding the legal title to the
residential premises on which the pool is to be constructed.
B.Â
No private swimming pool permit will be granted unless the outlet for the same is into a storm or sanitary sewer of Monroeville and which outlet shall be controlled by a gate-type valve with an opening not to exceed two inches in diameter. Where the outlet for the same is into a sanitary sewer, a tap fee in the sum as provided in Chapter 194, Fees, shall be paid to the Municipality of Monroeville prior to the granting of the permit.
C.Â
The zoning provisions of the Municipality of Monroeville shall be strictly observed, except the rear yard requirements in Chapter 359, Zoning, of the Code of the Municipality of Monroeville. After the installation of a private swimming pool, the depth of the rear yard, as unaffected by private swimming pools, garages and any other structure, shall not be less than 20 feet from the rear line of the lot.
D.Â
All private swimming pools shall be enclosed by an open-type ornamental
fence, constituting a barrier to small children, four feet in height
and with a gate in said fence which shall be locked when the pool
is not in use by or under the supervision of the owner or other designated
responsible person of the premises upon which it is installed. Private
swimming pools of the aboveground type which have vertical walls of
at least four feet from ground level and removable steps shall not
be required to be fenced, but it shall be the duty of the owner to
see that the removable steps are removed from the aboveground swimming
pool and taken indoors or otherwise locked up when it is not in use
by or under the supervision of the owner or other designated responsible
person of the premises upon which it is installed.
[Amended 6-9-1970 by Ord.
No. 691]
E.Â
The application for the permit to install the private swimming pool
shall be accompanied by detailed drawings, including a plot plan of
the premises affected, which said drawings shall bear the seal of
an architect or engineer registered in the Commonwealth of Pennsylvania
on which it is certified to by said architect or engineer that the
construction of said swimming pool is adequate, giving due consideration
to ground conditions such as ground support, side hill location, strength
of pool structure and any other matter that might affect the structural
stability of such private swimming pool in place.
F.Â
An agreement shall be signed on said permit wherein the permittee,
for himself, his successors and transferees, agrees that he, she or
it will comply with all of the health regulations of the federal government,
the Commonwealth of Pennsylvania, the County of Allegheny and the
Municipality of Monroeville insofar as they may relate to or affect
private swimming pools. He, she or it shall further agree to comply
with all regulations of the Allegheny County Sanitary Authority and
pay all fees, charges or rentals assessed by said Authority by reason
of the use of said facilities. He, she or it shall further agree that
this will apply to future, as well as present, regulations of said
governmental units and this agreement shall be in the nature of a
covenant running with the land.
G.Â
The permittee shall sign an agreement to indemnify and save harmless
the Municipality of Monroeville from any claim, demand or suit of
any kind or nature whatsoever that may arise as a result of the construction,
installation, operation or maintenance of a private swimming pool
by a permittee of the Municipality of Monroeville.
[Amended 7-8-1997 by Ord.
No. 2042]
All of the permits for the construction, installation, maintenance and operation of private swimming pools shall be renewable each year on or before the 15th day of February of each year, occurring at least 12 months after the date of the original issuance of the permit. Such renewals shall certify that the present owners of the property on which the swimming pool has been installed are familiar with the provisions of this chapter and that they will operate and maintain said pool in strict accordance herewith. Such renewal shall be upon a form furnished by the Municipality and shall be accompanied by a renewal fee as provided in Chapter 194, Fees.
A.Â
All applicants for permits to install private swimming pools are
hereby required and directed to procure comprehensive property damage
insurance in the amount of $10,000 for damage to property against
any loss, injury or damage that may hereafter be caused directly or
indirectly by said swimming pool. All applicants and owners of private
swimming pools are also required and directed to procure public liability
insurance covering personal injuries in the amount of $100,000. The
applicants and owners aforesaid shall furnish to the Building Inspector
certificates that such insurance is in effect each year that the private
swimming pools are in existence at the time of each renewal.
B.Â
The Building Inspector is hereby directed to refuse to issue a renewal
permit for a private swimming pool in case the applicant fails to
procure the above-specified insurance. The Building Inspector is directed
to order the removal of any swimming pool not insured as hereinabove
required. The owners of swimming pools now installed shall be allowed
30 days from the date of the enactment of this chapter to comply with
the requirements of this section.
No private swimming pool shall be the subject of income in any
manner whatsoever, and the rental use thereof shall make void any
permit granted hereunder.[1]
[1]
Editor's Note: Original Section 6, which immediately followed
this section and amended Ord. No. 1, was repealed 7-8-1997 by Ord.
No. 2042.
