[HISTORY: Adopted by the Borough Council of the Borough of Hellertown as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-2-1962 by Ord. No. 382]
It shall be unlawful to construct, maintain, operate and/or use any private swimming pool within the Borough's limits except in compliance with all of the provisions of this article and of the Hellertown Zoning Ordinance, Chapter 450 of the Code.
For the purposes of this article, certain terms as used herein shall have the meanings given as follows:
- All pools which are used or intended to be used as swimming pools in connection with residences and available only to the family of the householder and his private guests; it shall not include any swimming pool that is open to the public or that is publicly owned; or that is owned and/or operated by any organization, partnership, corporation or group, whether or not formed solely for such ownership and operation; or that is otherwise regulated by any statutes or by rules and regulations other than those of the Borough of Hellertown.
- PUBLIC or SEMIPUBLIC
- Any pool other than a private swimming pool.
- SWIMMING POOL
- Any receptacle or artificially constructed private pool for water having a walled depth of two feet or more at any point within its perimeter, intended or adapted for the purposes of immersion or partial immersion of human beings therein, and including all appurtenant equipment.
Before any construction, including structural alterations or partial or complete relocation, is begun on any swimming pool, a permit shall be applied for and obtained from the Building Inspector and the Zoning Administrator of the Borough as provided for in the existing Hellertown Zoning Ordinance (Chapter 450), as amended to the date of such application or issuance of a permit. Each application for a permit to construct, erect or place a private swimming pool upon a lot occupied by a private dwelling shall be accompanied by the following data, in triplicate:
Plot plan, drawn to a scale of one inch equals 10 feet, showing all existing structures, including location of proposed pool. Accurate distances or measurements shall be shown. Scaling of dimensions is not permitted.
Specifications showing or describing details of construction.
Cross sections showing pool dimensions, including depths and volume in gallons.
Type and size of filter system, filtration and backwash capacities.
Pool piping and fitting sizes and indicating types of materials to be used.
Rated capacity of pool pump in gallons per minute, head dimension and size and type of motor, pressure or head for filtration or back-washing purposes.
Electric wiring layout.
Before any permit shall be issued such plans and specifications shall be approved as aforesaid by both the Building Inspector and the Zoning Officer or his designee and also by the Borough Code Enforcement Officer, and before any completed swimming pool is put into use it shall be subject to final inspection and approval by both the Borough Code Enforcement Officer.
Front yard. No swimming pool, pool fixture or any portion of either shall be located within the front yard of any premises, as the term "front yard" is defined in the prevailing Hellertown Borough Zoning Ordinance (Chapter 450).
Rear yard. No swimming pool, pool fixture or any portion of either shall be located less than eight feet from any rear property line.
Side yard(s). No swimming pool, pool fixture or any portion of either shall be located less than the applicable distance as set forth in the following table, said minimum side yard setback distances predicated upon the total width of the premises at which the swimming pool is proposed to be located:
[Amended 7-17-1989 by Ord. No. 562]
The entire water surface area of the completed swimming pool shall be computed and included as "lot coverage," as the same is defined in the Hellertown Zoning Ordinance (Chapter 450), as land taken up by buildings, and the limit of such total building area established in that Zoning Ordinance (Chapter 450).
No exposed electric wires shall be located within five feet of the water's edge, nor shall any exposed permanently installed electric wires within a horizontal distance of 25 feet of the water's edge shall be located less than 10 feet above ground level, nor shall wires of any kind cross or be located over or above the water surface, except as approved by the Building Inspector. Underwater lighting shall be accomplished by methods approved for such purposes. The entire electrical installation shall comply with and be maintained in accordance with the requirements of the Uniform Construction Code (Chapter 160).
There shall be no cross-connections of the Borough water supply with any other source of water supply for the swimming pool. The line from the Borough water supply to the pool shall be connected through a water meter which has been installed and approved by the Borough of Hellertown Water Authority and protected against backflow of polluted water by means of an air gap and shall discharge at least six inches above the maximum high-water level of the make-up tank or the pool.
The swimming pool shall be constructed in such a manner that all scum, splash and deck water shall not be permitted to be returned to the pool except through the filter system.
The pool shall be kept free at all times of floating material, sediment and debris by means of an automatic surface skimmer, scum gutter or some other method approved by the Borough Code Enforcement Officer.
The recirculating system shall have a capacity sufficient to accomplish the filtering and recirculating of the entire volume content of the pool during an eighteen-hour period. The maximum rate of application of pool water on the filters shall be five gallons per minute per square foot of filter area.
Provision shall be made for positive germicidal or bacterial control by the use of chlorine, bromine or such other disinfecting agents or devices as may be approved by the Borough Code Enforcement Officer. Such disinfecting agents shall be so adjustable as to keep the germicidal or bacterial protection of the water in the pool equal to a standard of from 0.5 to 1.0 parts per million of chlorine residual. Testing devices capable of accurately measuring such residual shall be provided by the pool owner.
All swimming pools to be constructed, or which already have been constructed, shall be enclosed by a fence which shall be a minimum of four feet and a maximum of six feet in height and shall be of such type or construction that is not readily climbed or scaled by small children. Gates shall be of a self-closing and -latching type, with the latch on the inside (i.e., pool side) of the gate; provided, however, that, if the entire yard in which the pool is or is to be located is enclosed by fencing and gating which meet the above cited requirements, then the pool itself need not be so fenced/gated. Provided further, however, that should the pool be of the type that provides an integral fence around the entire combing (i.e., top rim of the pool wall), together with a ladder or steps that can be removed or is hinged and can be locked in an upright position so as to restrict access to the water surface, then neither the pool perimeter fencing nor the yard fencing shall be required.
[Amended 7-17-1989 by Ord. No. 562]
All existing swimming pools which at the present time have no filtration system shall be required to make installation thereof as provided herein and to have same approved by the Borough Code Enforcement Officer within 60 days after final passage of this article.
The Zoning Officer or his designee, Building Inspector and Borough Code Enforcement Officer shall have the right at any reasonable time to inspect any swimming pool for the purposes of determining that all of the provisions of this article are fulfilled and complied with.
This article is in no way intended to amend or alter any existing Borough ordinance or state statute the provisions of which are not covered in this article.
[Amended 12-30-1964 by Ord. No. 321]
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.
In addition, any improper or incorrect installation, operation, maintenance or use in violation of the provisions of this article shall also constitute a nuisance and the Borough may, in addition to the penal provisions hereof, cause the abatement of such nuisance by means of proper court action.