For the purposes of this article, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
Any type of private swimming pool not otherwise defined in
this section.
Any above-surface-type private swimming pool made of permanently
pliable plastic or plastic-coated material, canvas, pliable rubber
or other permanently pliable material designed to be removed and stored.
Any artificial or semiartificial container or receptacle
for the containment of water having an inside depth at any point greater
than 12 inches, located outdoors and used or intended to be used for
swimming or bathing by the owner or lessee of the property on which
it is situated or by the family or guests of such owner or lessee,
as an accessory to a residence, except aboveground pools, the top
of which is four feet or more from natural ground level, which are
straight-sided and have no bridge construction, protrusion, abutments
or other means by which access to the top of the pool can be gained
by climbing. The discretion of the Building Inspector shall govern
within the limits prescribed as to whether the aboveground pool shall
come within the aforementioned exception.
A.
No person shall install, construct, erect or make
any alteration, addition or other improvement to any permanent private
swimming pool until he shall have obtained a building permit issued
by the Construction Official as in the case of any other structure.
B.
No person shall install, construct, erect or maintain
a portable private swimming pool in any calendar year until he shall
have obtained from the Construction Official a portable swimming pool
permit for which the fee of $35 shall be charged. The application
for the permit shall show the dimensions of the pool.
[Amended 2-26-2008 by Ord. No. 08-2]
Any private swimming pool shall comply with the detached accessory building location requirements of the zoning regulations (see Chapter 250, Zoning). No swimming pool may be located in a side yard. This restriction applies equally to portable and permanent private swimming pools.
[Amended 2-26-2008 by Ord. No. 08-2]
Every private swimming pool within the Borough,
including all pools erected, installed or constructed above ground,
shall be completely surrounded by a fence or wall not less than four
feet in height which shall be so constructed as to not have openings,
holes, or gaps larger than three inches in any dimension except doors
and gates, and if a picket fence is erected or maintained, the horizontal
dimension shall not exceed three inches. The fence or wall shall be
so constructed a distance of at least three feet from the outside
edge of the swimming pool. A dwelling house or accessory building
may be used as part of such enclosure. All gates and doors opening
through such enclosure shall be equipped with a self-closing and self-latching
device for keeping the gates or doors securely closed at all times
when not in actual use, except that the door of any dwelling which
forms part of the enclosures need not be so equipped. Any existing
private swimming pool shall be provided with an enclosing fence or
wall and gate within 45 days of the date of final adoption of this
chapter.
Lights used above the surface of the water to
illuminate any private swimming pool shall be so arranged and shielded
that the light will be reflected away from the adjoining premises.
The Construction Official and/or Health Officer
of the Borough shall be responsible for the enforcement of this article.
