[HISTORY: Adopted by the Borough Council of the Borough of
Collingdale 7-1-1968 by Ord. No. 394 (Ch. 23, Part 1, of the 1987 Code
of Ordinances). Amendments noted where applicable.]
[Amended 10-3-1988, by Ord. No. 573]
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, with apertures no
larger than three inches, equipped with a self-closing gate and complete
with a key-operated lock.
The spreading at the base of bottom of a wall or other construction.
The area of a lot lying between the street and the residence
setback line, extending across the full width of the lot and/or depth
of a corner 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 greater than three feet or in excess of 1,500
gallons, used or intended to be used for swimming or bathing solely
by the homeowner, his family or their invited guests, and constructed,
installed and established or maintained outside any building in or
above the ground upon any premises as an accessory use to the residence.
Portable wading pools 18 inches to three feet in depth or less than
1,500 gallons are excluded herefrom, provided they are securely covered
by a tarpaulin or some similar cover approved by the Building Inspector.
Any artificially constructed pool not designated nor used
for swimming, with a maximum depth of less than 15 inches or less
than 300 gallons.
It shall be unlawful for any person to construct, install, establish or maintain, or alter, remodel or reconstruct a private swimming pool or wading pool, as herein defined, without having obtained a permit therefor as prescribed in § 537-3 herein. However, no permit shall be required for a wading pool of the portable type with a maximum depth of less than three feet or less than 1,500 gallons.
[Amended 6-1-1981, by Ord. No. 523; 11-9-1981, by Ord. No. 524; 10-5-1987 by Ord. No. 568]
Application for a permit shall be submitted to the Borough 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 dimensions.
Applications shall be made on forms supplied by the Building Inspector.
The fee for a yearly license for private swimming pools shall be as
established from time to time by resolution of Council. 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 Borough. No change in the same
shall be made without notification to and approval by the Building
Inspector.
A.Â
Approval of plot plan. The Building Inspector shall make such determinations of the plans and specifications submitted to assure the compliance with all requirements of this chapter, Chapter 170, Construction Codes, Uniform, and Chapter 610, Zoning. He shall determine the mode of construction to make sure the contemplated work is structurally sound. Where necessary, he shall require suitable footings.
B.Â
The Plumbing Inspector shall determine that the method or manner
of emptying the pool and the connections of such drain to the sanitary
sewer, storm sewer, open stream or upon the land is not contrary to
the public interest, nor to the proper maintenance of the public sanitary
sewer system or storm sewer system, nor to other property owners.
C.Â
After investigation, and upon such advice of the Borough Engineer,
the Building Inspector shall issue the permit.
All 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 and meet minimum requirements of the State
Health Code. 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 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 14 inches with two reinforcing rods
three-eighths-inch diameter.
There shall be no physical connection between a portable public
or private water supply system and any private swimming pool or wading
pool at a point below the maximum water line of the pool or to a recirculating
or heating system of said pool.
A.Â
The discharge of water from any private swimming pool into the sanitary
sewer system shall be permitted only after a plumbing permit for the
same has been issued in accordance with the Borough Plumbing Code
and such other applicable Borough ordinances.
B.Â
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. Discharge of water into a sanitary sewer
system is permissible only if the discharge is metered and the cost
per gallon is established by the Plumbing Inspector; and if the pool
capacity and incidence of discharge is readily ascertainable and fixed
as to rate by the Plumbing Inspector, then in such event a meter will
not be required.
Where approval is obtained to discharge water from a private
swimming pool or wading pool into the sanitary sewage 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.
No private swimming pool shall be constructed closer 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 any property. Accessory
buildings such as locker rooms, bathhouses, cabanas, shower rooms,
toilets and other physical facilities incident to the operation of
any private swimming pool shall conform to the requirements of the
Borough's building, zoning and health provisions.
[Amended 10-3-1988 by Ord. No. 573]
Every private swimming pool, except those defined as a wading
pool, shall be fenced in and the gate shall be kept closed and securely
locked at all times when said pool is not in use by the person maintaining
the same, his family or guests. Within 30 days after the effective
date of this chapter of the Code, any person maintaining a private
swimming pool within the limits of Collingdale Borough which has been
constructed prior thereto shall erect a fence surrounding said pool.
All pools 18 inches to three feet in depth shall be covered when not
in use by a tarpaulin or similar type of covering at all times. All
wading pools must be removed from any front yard of any property from
October 1 until the following May 1.
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.
A.Â
Every private swimming pool constructed, installed, established or
maintained in the Borough of Collingdale shall at all times comply
with the requirements of the local 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 Board of Health of the Borough of Collingdale.
It shall be the duty of the Building Inspector and the Board of Health,
respectively, to enforce the provisions of this chapter.
B.Â
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 at reasonable
hours to ensure compliance with this chapter.
Whenever the owner of any swimming pool about to be or in the
course of being erected or altered shall object 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 chapter, such owners or their duly authorized attorney or agent
may, within the 10 days after such decision, appeal therefrom to the
Committee on Building Regulations of the Borough Council. 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 Borough Manager. The person
appealing shall have the right to appear and to be heard, if he states
his desire to do so in his written appeal. A prompt decision of such
appeal shall be made by the Borough Council and shall be duly recorded,
and the decision shall be final.
[Amended 10-5-1987 by Ord. No. 568]
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction thereof, be sentenced to pay
a fine of not more than $300 and/or to imprisonment for a term not
to exceed 90 days.
