[HISTORY: Adopted by the Mayor and Council of the Borough
of Washington 5-22-1979 by Ord. No. 8-79; amended in its entirety 7-13-1982 by Ord. No.
20-82. Subsequent amendments noted where applicable.]
The purpose of this chapter shall be to provide rules, regulations
and standards for the construction and maintenance of swimming pools
in the Borough of Washington in order to promote the public health,
safety, convenience and general welfare of the Borough.
The provisions of this chapter shall be administered by the
Building Inspector and the Board of Health.
The words, terms or phrases listed below, for the purpose of
this chapter, shall be defined and interpreted as follows:
Any aboveground or surface type of swimming pool constructed
of canvas, rubber, plastic or other material not designed or intended
to be satisfactory or permanently fixed but designed and intended
to be removed and stored.
Any pool having a depth of more than 18 inches, below the
level of the surrounding land, or any aboveground or surface pool
having a depth of more than 18 inches, designed, used and maintained
for swimming or bathing purposes.
Any shallow pool not included under the definition of swimming
pool.
A.
It shall be unlawful to establish, construct or alter a swimming
pool without first obtaining a permit therefor in the manner hereafter
prescribed, which construction or alteration shall conform with the
requirements of this chapter.
B.
Application for a permit to construct a swimming pool shall be made
in writing to the Building Inspector and be subject to the approval
of the Building Inspector. The application shall be accompanied by
three sets of plans drawn to an acceptable scale and three sets of
specifications which shall meet all the requirements of this chapter,
the Zoning Ordinance and the building and plumbing codes. The plans
and specifications shall include the following:
(1)
Dimensions of the pool with side and top elevations.
(2)
A plot showing:
(a)
The property lines of the lot upon which the proposed pool is
to be constructed.
(b)
All existing houses and structures, cesspools, septic tanks
or subsurface sewerage disposal systems and wells.
(c)
Dimensions showing the distance of the pool from property lines
and all structures on the lot.
(d)
The street or streets abutting the property.
(e)
Height and type of fence, walls or enclosure as herein required.
C.
All applications for permits to locate, construct or alter a swimming
pool shall be accompanied by a fee of $75. This fee is applicable
to permanent-type pools only or any pool requiring excavation to construct
and is exclusive of the fees prescribed under the provisions for sewerage
disposal system.
[Amended 11-17-2008 by Ord. No. 13-2008]
A.
Every in-ground swimming pool shall be completely surrounded by a
fence or wall not less than four feet in height above ground level,
which shall be so constructed that it shall not have openings greater
than three inches by three inches, and if a picket fence is erected
or maintained, the horizontal dimensions shall not exceed three inches.
Said 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 are to be self-closing and self-latching to keep the gate
or door securely closed at all times when not in actual use, except
that the door of any dwelling which forms part of the enclosure and
any gate or door thereof shall be so designed and constructed as to
reasonably prevent any person from gaining access through or under
the same to the pool and shall be kept securely locked at all times
when the pool is not in use. The aforementioned fence requirements
shall apply to all newly constructed pools constructed within the
Borough of Washington. Any and all pools presently under construction
or being planned for construction after the date of enactment of this
chapter shall have 60 days from the date of the final adoption of
this chapter to include a fence as described above within the plans
for construction of said pool. All other preexisting pools which do
not presently conform to the fence requirement shall have a grace
period of 180 days from the date of final adoption of this chapter
to enclose their pools as set out herein.
B.
Any access ladder or steps used with any permanent above surface
swimming pool shall be removed from the pool when not in use.
C.
Any aboveground pool with ridged steel or aluminum sidewalls which
can withstand a lateral force of 150 pounds and is four feet in height
above the ground need not be fenced. Any aboveground pool greater
than 18 inches in height but less than four feet in height shall be
fenced in the manner prescribed for in-ground pools, except that fencing
material shall be above the pool so as to provide an effective four-foot
barrier from the ground and same shall be deemed satisfactory.
D.
Any embankment or structures shall be located a minimum of three
feet from the outside edge of the swimming pool. In the event the
three-foot clearance cannot be achieved, the property shall be fenced
in accordance with the provisions for in-ground pools or such portion
of said pool shall be fenced so as to isolate the section of the pool
elevated less than four feet above the surrounding surface or ground.
E.
Filter units shall be located a minimum of three feet from the outside
edge of aboveground swimming pools or provided with a surrounding
barrier or enclosure four feet in height.
F.
All fences shall be kept in good repair and maintained in such a
manner as not to negate their original and primary purpose.
All lighting for a private swimming pool shall be installed
so as to comply with all safety regulations and shall be shielded
so as to prevent any direct beam of light from shining on any adjoining
property.
No overhead electric lines shall be carried across any swimming
pool, wading pool or portable pool.
A.
Every swimming pool constructed, installed, established or maintained
in the Borough of Washington shall at all times comply with the requirements
of the Board of Health. Any nuisance or hazard to health which may
develop in or in consequence of or in connection with any such swimming
pool, wading pool or portable pool shall be forthwith abated and removed
by the owner, lessee or occupant of the premises on which the said
pool is located upon receipt of notice from the Manager of the Borough
of Washington.
B.
It shall be the duty of the Building Inspector and the Manager to
enforce the provisions of this chapter. They shall order in writing
the remedying of any condition found to exist which violates any of
the provisions of this chapter.
C.
The owner or operator of any pool within the Borough of Washington
shall allow the said Building Inspector and the Manager or other authorized
official access to any swimming pool, wading pool or portable pool,
and the appurtenances thereto, for the purposes of inspection to ascertain
compliance with this chapter and all other pertinent Borough ordinances
and state laws at all reasonable times.
D.
Whenever any swimming pool by reason of mechanical defects or improper
operation and care is, in the opinion of the Manager, Building Inspector
or Health Officer, polluted and detrimental to health, such pool may
be summarily closed and the nuisance directed to be abated.
This chapter shall apply to all new and existing pools, except
where otherwise indicated herein, and shall take effect as provided
by law.
The owner or agent of a building or premises wherein any swimming
pool installation is located where a violation of any provision of
this chapter shall have been committed or shall exist, together with
the agent, architect, builder, contractor or any other person who
shall commit, take part or assist in any such violation of the provisions
of this chapter, shall for each and every violation be subject to
imprisonment for a period no greater than 90 days or be fined a sum
not to exceed $500, or both, at the discretion of the local magistrate.
Each day that a violation is permitted to exist shall constitute a
separate offense.
If any word, clause, section, subsection, sentence, phrase,
provision or portion of this chapter is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such adjudication
shall apply to that word, clause, section, subsection, sentence, phrase,
provision or portion of such adjudication, and the remainder of this
chapter shall be deemed valid and effective.
Relief from any of the provisions of this chapter may be granted
by the Borough Council upon receipt of an application by the aggrieved
party, and same having been reviewed by the Borough Manager and Building
Inspector, and with their advice, a waiver may be granted by Council.
This chapter shall take effect immediately after final passage
and publication as required by law.
