[HISTORY: Adopted by the Board of Commissioners of the Township of Rostraver 9-5-1989 as Part 6, Ch. 1, Art. F, of the 1989 Code.]
It is determined and declared that the maintenance of private swimming pools without appropriate precautionary measures constitutes a hazard to the safety of the inhabitants of the Township.
Every person, firm or corporation in possession of land within the Township, either as an owner, purchaser under contract, lessee, tenant or licensee, in which there is situated an excavated swimming pool containing or capable of containing water 18 inches or more in depth at a point, shall erect and maintain on the lot or premises upon which that pool is located an adequate physical barrier sufficient to make the pool inaccessible to unsupervised small children. Nothing in this chapter shall apply to what are referred to as "aboveground pools."
Such physical barrier shall completely surround the pool and shall extend not less than four feet above the adjacent ground level; provided, however, that a dwelling house or accessory building may be used as part of that enclosure.
Such physical barrier shall be constructed in such a way as to prevent access under the lower edge by small children.
All accessways, gates or doors through such enclosure, except the door of any dwelling occupied by human beings and forming any part of the enclosure required above, shall be self-closing and equipped with a self-latching device designed to keep and capable of keeping that door or gate securely closed at all times when not in actual use. No such enclosing wall or fence shall be constructed nearer than five feet to the outer walls of the pool.
The primary method for enforcement of this chapter shall be by discovery or the filing of a complaint with the Township.
The provisions of this chapter shall not apply to swimming pools which are owned, operated and maintained by a legally constituted public jurisdiction or to the so-called "aboveground pools."
A person, firm or corporation in possession of land within the Township, either as an owner, purchaser under contract, lessee, tenant or licensee, in which there is situated an excavated or portable swimming pool shall erect some sort of fencing within 120 days of adoption of Ordinance No. 142-1981 and be in full compliance with the requirements contained herein by the 15th day of May 1982.
Editor's Note: Said ordinance was adopted 12-7-1981.
The Code Enforcement Officer may allow slight or minor modifications for good cause shown in individual cases with respect to nature or location of fences, walls, gates or latches or the necessity therefor, provided that the degree of protection is not reduced thereby.
The Code Enforcement Officer, upon application of a person, firm or corporation, may grant an extension of time for compliance in individual cases upon showing of good cause. Such extension of time shall not exceed 30 days.
If a person enters and remains unlawfully in or upon said premises, that person shall be charged with the offense of trespass.
Any person, firm or corporation found in violation of the terms of this chapter shall be guilty of an offense and, upon conviction, shall be punished by a fine of not less than $100 or more than $1,000 and costs of prosecution and, in default of payment of fine and costs, to undergo imprisonment for not more than 30 days. Any person, firm or corporation continuing, committing or permitting any violation of this chapter for more than one week shall be deemed guilty of a separate offense for each week of violation.