[HISTORY: Adopted by the Board of Commissioners
of the Township of Nether Providence 11-12-1964 as Ord. No. 400. Amendments
noted where applicable.]
Unless otherwise expressly stated, the following
words shall, for the purposes of this chapter, have the meanings herein
indicated:
An enclosure. Such enclosure shall be at least four feet
in height, constructed of masonry, wood or metal, equipped with a
self-closing gate and complete with a key-operated lock; and of such
design that children less than four feet in height will be substantially
deterred from passing through, crawling under or climbing over the
enclosure.
The spreading course at the base or bottom of a wall or other
construction.
The area of a lot lying between the street and the dwelling
extending across the full width of the lot and, in case of a corner
lot, extending the full depth of the lot.
Any person, copartnership, association, firm or corporation.
Any body of water, tank or receptacle for water, whether
artificially or semi-artificially constructed or portable, having
a depth at any point of 24 inches or greater, used or intended to
be used for swimming or bathing solely by the owner, his or her family
and guests of the household; and constructed, installed, established,
or maintained outside of any building, in or above the ground as an
accessory use to a residence or any other building. Portable wading
pools under 24 inches are excluded herefrom.
[Amended 5-28-2020 by Ord. No. 820]
Any artificially constructed pool not designed for swimming
with a maximum depth of less than 24 inches.
[Amended 5-28-2020 by Ord. No. 820]
[Amended 5-28-2020 by Ord. No. 820]
It shall be unlawful for any person to construct, install, establish or thereafter maintain or alter, or remodel or reconstruct a private swimming pool as herein defined without having obtained a permit therefor in the manner prescribed in Section 225-3. However, no permit shall be required for a wading pool of the portable type with a depth of under 24 inches.
[Amended 12-10-1992 as Ord. No. 581]
Application for permits shall be submitted to
the Township Building Inspector, together with two sets of plans and
specifications setting forth the details, area and depth of the proposed
construction in all of its parts, together with a plot plan showing
the location of the pool on the lot, the location of buildings on
the lot, the fencing, existing and planned, and the height and aperture
dimensions thereof and all open spaces required by this chapter, drawn
to scale and dimensioned. Applications shall be made on forms supplied
by the Building Inspector, accompanied by a fee as set forth by resolution
of the Board of Commissioners from time to time.[1] Upon approval of plans and specifications by the Building
Inspector, one set of each so marked will be returned to the applicant
and must be kept on the site with the permit and be available at all
times to the Building Inspector or other officers of the Township.
No change in the same shall be made without notification to and approval
by the Building Inspector.
A.Â
The Building Inspector shall make such determinations
of the plans and specifications submitted to assure the compliance
with all requirements of this chapter, the Building Code[1] and the Nether Providence Township Zoning Code.[2] He shall determine the mode of construction to make certain
the contemplated work is structurally sound. Where necessary, he shall
require suitable footings.
B.Â
The Building Inspector shall determine that the method
or manner of emptying the pool and the connections of such drain to
the sanitary sewer, storm sewer or open stream or upon the land is
not contrary to the public interest or maintenance of the public sanitary
sewer system or storm sewer system or to other property owners.
C.Â
After investigation and upon such advice and assistance
from the Township Engineer and other Township officials as the Building
Inspector may deem necessary, the Building Inspector shall issue the
permit.
All swimming pools shall be constructed of materials
which will make the pool waterproof and which will facilitate cleaning
of the pool. The construction and design shall be such as to permit
the pool to be operated and maintained at all times under clean and
sanitary conditions. The owner of every private swimming pool shall
be responsible for maintaining said pool in such condition as to prevent
breaks in the pool chassis or water from the pool overflowing onto
adjacent property. Footings shall be provided to adequately carry
the proposed structure. If concrete blocks are used in construction,
they must be laid with masonry wall reinforcement (Durowall or equal)
every second course of blocks. There must be a minimum footing under
block walls and poured concrete walls of eight inches by fourteen
inches with two reinforcing rods 3/8 inch in diameter.
There shall be no physical connection between
a potable public or private water supply system and such private swimming
pools or wading pools, at a point below the maximum waterline of the
pool or to a recirculating or heating system of said pool.
The discharge of water from private swimming
pools into the sanitary sewer system shall be permitted only after
a plumbing permit for the same has been regularly applied for and
received in accordance with the Township Plumbing Code[1] and such other Township ordinances as may apply; and the
applicant shall also be required to pay an additional sewer rental
for the use of the sanitary sewer for such purpose, the amount of
such additional sewer rental to be determined by the Board of Commissioners
and endorsed on the permit. Approval of an application shall not be
given if it is feasible to discharge water from a pool into a storm
sewer, stream or to use such water for lawn sprinkling.
Where approval is obtained to discharge water
from a private swimming pool or wading pool into the sanitary sewerage
system, the owner, lessee or occupant of said pool may discharge the
water only at the time or times designated and allocated by the Plumbing
Inspector and endorsed on the permit. The purpose of this requirement
is to prevent a strain upon the sewer system by controlling and distributing
the discharge of water.
[Amended 3-14-2002 by Ord. No. 660]
No private swimming pool and attached decks
and/or accessory pool structures shall be constructed nearer than
10 feet to a property line nor eight feet to a cellar or basement,
nor shall it be constructed in the front yard of the property. Accessory
buildings such as locker rooms, bathhouses, cabanas, shower rooms,
toilets and other physical facilities or equipment incident to the
operation of any private swimming pool shall conform to the requirements
of the Township Building Code.[1]
[Amended 2-13-1997 by Ord. No. 608]
B.Â
Fences required by Subsection A hereof may surround the pool or the property. The wall of a building may constitute a portion of the fence. Such fences shall be adequate to make the structure containing the water inaccessible to small children.
C.Â
Fences required by Subsection A hereof shall not be less than four feet in height and shall be subject to the height limitations imposed elsewhere in this Code. Further, such fences shall be constructed of masonry, wood or metal, equipped with a self-closing gate and self-latching device for keeping the gate or door securely closed at all times when not in actual use and shall be of such design that children less than four feet in height will be substantially deterred from passing through, crawling under or climbing over the enclosure.
D.Â
Temporary structures which are not capable of holding
water in excess of two feet in depth need not be surrounded by a fence
if the structures are emptied of all water when not in use or are
securely and adequately covered to prevent small children from uncovering
the pool when not in use.
E.Â
Permanent structures, like ponds, are exempt from
these provisions, provided that they are less than two feet deep or
have an area less than 250 square feet (i.e., 18 feet in diameter
or less).
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.
Every private swimming pool shall be equipped
with a life ring, life belt or life preserver available for emergency
use.
All private swimming pools shall be drained
and maintained free of water during the period that the property is
vacant.
A.Â
Every private swimming pool constructed, installed,
established or maintained, or to be constructed, installed, established
or maintained, in the Township of Nether Providence shall at all times
comply with the requirements of the local Health Officer. Any nuisance
or hazard to health which may exist or develop in or in consequence
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
Building Inspector or the Health Officer. It shall be the duty of
the Building Inspector and the Health Officer, respectively, to enforce
the provisions of this chapter.
B.Â
The Building Inspector and/or Health Officer or any
of their assistants or deputies shall have the right to enter any
premises or any building or other structure for the performance of
their duties to ascertain compliance with this chapter.
A.Â
The provisions of §§ 225-6, 225-7, 225-8, 225-10, 225-11, 225-12, 225-13 and 225-14 of this chapter shall apply to all private swimming pools in existence on the effective date of this chapter; and any person maintaining any such private swimming pool within the Township of Nether Providence shall comply with the provisions of said sections within 30days from the effective date of this chapter. Plans and specifications for erection of the fence required by § 225-10 shall be submitted to the Building Inspector for approval in accordance with the applicable provisions of §§ 225-3 and 225-4 hereof, except than no permit or permit fee shall be required; provided, however, that if any private swimming pool in existence on the effective date of this chapter shall then be enclosed by a fence which is less than the prescribed height of four feet but is at least three feet in height, and if such fence complies with all other standards prescribed by this chapter, then any such fence may continue to be maintained at its existing height, but any reconstruction or replacement of such fence subsequent to the effective date of this chapter shall be in full compliance with the minimum height prescribed in § 225-1.
B.Â
The Board of Commissioners, upon receipt of an application in writing for the owner of any private swimming pool in existence on the effective date of this chapter, may relieve such owner from the necessity of complying with the fence requirements of § 225-10 if the Board shall find, after such investigation and hearing as it shall deem appropriate, that access to such pool from adjoining properties and from public highways is substantially deterred by distance, existing natural barriers or by any other obstructions or conditions which, while not constituting a literal compliance with the terms of this chapter, do effectuate the spirit and purpose of the chapter. The action of the Board in approving any such application shall be evidenced by an order of the Board, in writing, signed by the President and attested by the Secretary.
Whenever the owner of any swimming pool about
to be, or in the course of being, erected or altered, or whenever
the owner of a swimming pool in existence on the effective date of
this chapter takes exception to the decision of the Building Inspector
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 alterations or to his decision as to its
safety or its compliance with the provisions of this chapter, such
owner or his duly authorized attorney or agent may, within 10 days
after such decision, take an appeal therefrom to the Board of Township
Commissioners. Such appeal shall be in writing, shall state the decision
of the Building Inspector 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 determination of such appeal shall be made by the Board of
Commissioners and shall be duly recorded.
[Amended 12-10-1992 as Ord. No. 581]
Any owner or other person who shall maintain, construct, alter or repair any swimming pool without the permit required by this chapter first having been obtained, or who shall fail to comply with any of the requirements of the permit or of this chapter, or who shall fail to comply with any regulation, order or direction of the Building Inspector, or who shall in any way violate any of the provisions of this chapter, shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Art. II, Violations and Penalties, § 1-16, Building, health and safety violations. Whenever such person shall have been notified by the Building Inspector or by service of summons in a prosecution or in any other way that he is committing such violation of this chapter, each day in which he shall continue such violation after such notification shall constitute a separate offense punishable by a like fine or penalty.
