[Ord. 421, 7/1/1970, § 1]
Unless otherwise expressly stated, the following words shall,
for the purpose of this Part, 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 area of a lot lying between the street and the dwelling
extending across the full width of the lot, and, in the case of a
corner lot, extending the full depth of the lot.
Any body of water, tank, pond, or other receptacle for water
containment, whether artificially or semi-artificially constructed,
or portable, having a depth at any point of 18 inches or over, or
containing over 750 gallons of water; used, or intended to be used,
for swimming or bathing by the owner, his family, his tenants and
guests of the residents, and constructed, installed, established or
maintained in or outside of any building, in or above the ground,
on any premises as an accessory use to the residence. Any pools under
18 inches in depth or with a capacity less than 750 gallons of water
are excluded herefrom.
[Ord. 412, 7/1/1970, § 2]
It shall be unlawful for any person to construct, install, establish or maintain, or alter, remodel or reconstruct a private swimming pool, as herein defined, without having obtained a permit therefor in the manner prescribed in § 23-103 herein.
[Ord. 421, 7/1/1970, § 3]
Application for a permit shall be submitted to the Township
Building Inspector, together with a set of plans and specifications
setting forth the details, area and depth of the proposed construction,
alteration or remodeling, 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
Part, drawn to scale and dimensions. Applications shall be made on
forms supplied by the Building Inspector.
[Ord. 421, 7/1/1970, § 4; as amended by Ord. 573,
11/26/1990; by Ord. 577, 10/9/1991; by Ord. 601, 3/9/1994; by Ord.
630, 12/9/1998; and by Ord. 689, 12/8/2010]
1.
An application fee of $200, plus $150 per $1,000, or fraction thereof,
of cost of construction, alternation or remodeling will be required.
[Amended by Ord. 711, 12/4/2013]
2.
Double Fees. In case any work for which a permit required by this
code is started or proceeded with prior to obtaining said permit,
the fee specified in this section of this code shall be doubled, but
the payment of such double fee shall not relieve any person from fully
complying with the requirements of this code in the execution of the
work, nor from any other penalties prescribed herein.
[Ord. 421, 7/1/1970, § 5]
1.
The Building Inspector shall make such determinations of the plans
and specifications submitted to assure compliance with all requirements
of this Part, the Building and Plumbing Codes, and the Darby Township
Zoning Code. All pools with a capacity of 10,000 gallons or over must
obtain a special exception from the Township Zoning Hearing Board.
All plans and specifications of pools of this capacity must be signed
by a registered architect or a professional engineer.
2.
The Building Inspector shall determine the method and manner of emptying
all pools, but no swimming pool of any type can be emptied into or
be connected to a sanitary sewer system.
[Ord. 421, 7/1/1970, § 6]
All private swimming pools shall be constructed of materials
so that they shall be waterproof and easily cleaned. Construction
and design shall be such that they may be maintained and operated
as to be clean and sanitary at all times. The owner of every private
swimming pool shall be responsible to maintain 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 if required by
Township Building Inspector.
[Ord. 421, 7/1/1970, § 7]
There shall be no physical connection between a portable public
or private water supply system and private swimming pools at a point
below the maximum waterline of the pool or to a recirculating or heating
system of said pool.
[Ord. 421, 7/1/1970, § 8]
No private swimming pool shall be constructed nearer than five
feet to a property line, nor eight feet to a cellar or basement, nor
shall it be constructed or placed in the front yard of such property.
Exceptions may be granted on locating private swimming pools in a
front yard when approved by the Township Building Committee. 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, Plumbing, and Zoning Codes.
[Ord. 421, 7/1/1970, § 9; as amended by Ord. 662,
3/8/2006]
1.
Every private swimming pool shall be completely surrounded by a fence, as described in § 23-101. Every person maintaining a private swimming pool shall keep the gate closed and securely locked at all times when said pool is not in use by the person maintaining the same, his family or his guests. Within 30 days after the effective date of this Part, any person maintaining a private swimming pool within the limits of Darby Township, which has been constructed prior thereto, shall erect a fence surrounding his pool.
2.
When a pool is removed, the six-foot fence must be lowered to a maximum
of four feet.
[Ord. 421, 7/1/1970, § 10]
1.
Lighting. 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.
2.
Vacant Residences. All private swimming pools shall be drained and
maintained free of water during the period that the property is vacant,
and the required fence shall at all times be secured and kept in proper
repair by the owner.
3.
Electrical Equipment. Construction, installation and use of electrical
equipment and wiring in or adjacent to a swimming pool is to comply
with the Electrical Code of Darby Township.
[Ord. 421, 7/1/1970, § 11]
1.
Every private swimming pool constructed, installed, established or
maintained or to be constructed, installed, established or maintained
in the Township of Darby shall at all times comply with the requirements
of the Board of Health. 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 of the Township of Darby. It shall be the duty
of the Building Inspector and the Board of Health, respectively, to
enforce the provisions of this Part.
2.
The Building Inspector and/or Board of Health 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 Part.
[Ord. 421, 7/1/1970, § 12]
Whenever the owner of any private swimming pool about to be,
or in the course of being, erected or altered 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 alteration,
or to his decision as to its safety or its compliance with the provisions
of this Part, such owners or their duly authorized attorney or agent
may, within 10 days after such decision, take an 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 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 within 15 days from the filing of the appeal, if he
states his desire so to do in his written appeal. A prompt decision
of such appeal shall be made by the Committee on Building Regulations
or the Board of Commissioners within 15 days and shall be duly recorded,
and the decision shall be final.
[Ord. 421, 7/1/1970, § 13; as amended by Ord. 572,
10/10/1990]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $600, and costs, or in default of payment thereof,
shall be subject to imprisonment for a term not to exceed 30 days.
Every day that a violation of this Part continues shall constitute
a separate offense.
