Part 1 POOL AND POND ORDINANCE
[Ord. 1114, 10/14/2010, § 1]
This Part shall be known and may be cited as the "Pool and Pond Ordinance of the Borough of Shillington."
[Ord. 1114, 10/14/2010, § 2]
The provisions of this Part shall apply to all public or private swimming pools as defined in this Part and shall apply to all landscape ponds. This Part shall provide a guide for the design of such swimming pools or ponds so that health and safety hazards will be minimized and satisfactory operation can be achieved and maintained.
[Ord. 1114, 10/14/2010, § 3]
For the purposes of this Part, the following terms, phrases, words, and their derivations shall have the meaning given herein:
- The Borough of Shillington.
- BOROUGH COUNCIL OR COUNCIL
- The Borough Council of Shillington.
- COMMERCIAL PRIVATE SWIMMING POOL
- Any constructed pool, permanent or portable, which is used or intended to be used by patrons of the business in which the pool is located.
- MUNICIPAL SWIMMING POOL
- Any swimming pool owned and operated by or for the Borough of Shillington. Municipal swimming pools are hereby excepted from the provisions of this Part.
- Any person, firm, partnership, association, corporation, company, or organization of any kind.
- Any body of water in a constructed receptacle, whether located indoors or outdoors, for the purposes of landscaping or decoration. Indoor and outdoor fountains and the associated reservoirs are considered ponds for the purposes of this Part. Ponds shall not be utilized for swimming or bathing purposes for persons or their pets or animals. Residential ponds are those ponds located on the property of a single-family residence. Commercial ponds are those ponds located on the property of any commercial establishment, on the property of any apartment complex, or on the property of any use other than those noted under the residential pond classification.
- PUBLIC SWIMMING POOL
- Any swimming pool other than a residential private pool or a commercial private pool which is used or intended to be used for the purposes of swimming and/or bathing by members or guests of the association owning the pool.
- RESIDENTIAL PRIVATE SWIMMING POOL
- Any constructed pool, permanent or portable, which is used or intended to be used as a swimming pool in connection with a single-family residence and available only to the family of the household and their guests, and which has a depth of more than 18 inches.
- Anybody of water in a constructed receptacle specifically made for the purpose of human bathing located on the exterior of the building. Spas located inside a building must comply with the requirements of the appropriate Borough Building, Residential, Plumbing and Electrical Codes.
[Ord. 1114, 10/14/2010, § 4]
Before any work is commenced on the construction of a swimming pool, pond or spa, an application for the required permits for construction shall be submitted to the Borough. The permit application shall be accompanied by the plans and specifications required by the Borough's Building Codes (the Uniform Construction Code), and the approval of these plans and the permit must be received before any work on the site is to begin.
A permit shall not be issued to construct a swimming pool, pond or spa on any property unless or until the buildings on the property are connected to the municipal sewer system.
The plans, specifications and other pertinent data required to be submitted with the permit application shall comply with the following requirements:
The plans of the proposed construction shall be drawn to scale and shall indicate the length, width and depth of the pool, pond or spa, shall indicate the dimensions of any deck surrounding the pool or spa, and shall include a plot plan showing the pool, pond or spa and its relationship to the building, to the property lines and to any setback lines noted in the Zoning Ordinance [Chapter 27].
A profile view of the pool or pond shall be provided showing all dimensions of the proposed construction. The drawings shall show the thicknesses and construction of the walls of the structure including any linings.
The drawings shall include information, including a cross section, of any skimmers or scum gutters provided on a pool.
For all pools, ponds and spas except portable pools, piping diagrams are to be provided showing the size of all pipes, outlets, make-up water lines, suction lines, waste and discharge lines, circulation and any other piping.
The drawings shall show the type, location and configuration of all filtration equipment, pumps, and chemical treatment systems. Provide the sizes, capacities and other data of the above equipment.
[Ord. 1114, 10/14/2010, § 5]
The following design and construction requirements are to be provided for all pools, ponds and exterior spas:
Location. No pool, pond or spa shall be constructed in the front yard of any property. A pool or spa may be constructed within the rear or side yards of a property, but in no case shall the pool or spa be located closer than 10 feet to a side or rear property line. Portable pools, as described in paragraph .H, shall not be located closer than four feet to a side or rear property line. Ponds shall not be located closer than five feet to a side or rear property line.
Exception: For two-family residences and townhouses (or rowhomes), ponds may be constructed within the rear of side yards of a property, but in no case shall the pond be closer than two feet to a common property line.
Public Swimming Pools. The design of public swimming pools or spas shall comply with the "American National Standards for Public Pools" issued by ANSI and NSPI (ANSI/NSPI - 1, 2003) and the requirements of the Pennsylvania Code, Chapter 18-Public Swimming and Bathing Places (issued under the Public Bathing Law (35 P.S. §§ 672 — 680d), along with any updates or revisions to these requirements.
Private Residential Swimming Pools. The design of private residential swimming pools shall comply with the requirements of the appropriate Borough Residential and Electrical Codes and the requirements of the American National Standards for "Above-ground/On-ground Residential Swimming Pools" or the American National Standards for "Residential In-ground Swimming Pools" (ANSI/NSPI 4-1999 and ANSI/NSPI 5-2003). The walls of non-portable private pools (above-ground or below-ground) shall be impervious materials and shall be designed to withstand the water pressure from within the pool and to resist the pressure of the earth and ground water when the pool is empty with the minimum pressure being 2, 200 pounds per square foot. All outdoor pools shall be designed to accommodate the stresses of surface freezing.
Private Commercial Swimming Pools. The design of private commercial swimming pools shall comply with the requirements of the appropriate Borough Building, Plumbing and Electrical Codes in conjunction with all applicable state requirements. These pools shall also comply with the "American National Standards for Public Pools" as issued by ANSI and NSPI (ANSI/NSPI - 1, 2003). The walls of non-portable private pools (aboveground or below-ground) shall be impervious materials and shall be designed to withstand the water pressure from within the pool and to resist the pressure of the earth and ground water when the pool is empty with the minimum pressure being 2,200 pounds per square foot. All outdoor pools shall be designed to accommodate the stresses of surface freezing.
Spas. Spas for public use and spas for private commercial use shall comply with the requirements of the "American National Standards for Public Spas" issued by ANSI and NSPI (ANSI/NSPI -2, 1999) and the Borough's Building, Plumbing and Electrical Codes. Spas for private residential use shall comply with the requirements of the appropriate Borough Residential and Electrical Codes.
Ponds. Ponds more than 24 inches deep and having more than 20 square feet of surface area are required to be in a fenced or similarly enclosed area meeting the requirements for a swimming pool enclosure.
Enclosures. All outdoor public swimming pools and all outdoor private swimming pools (residential and commercial) shall be completely surrounded by a fence or other enclosure not less than four feet high. Enclosures shall not have any openings, gaps or holes larger than four inches in any dimension except for doors and/or gates. All gates and doors into the enclosure shall be equipped with a self-closing and self-latching device.
All outdoor spas, whether public or private, shall have a cover provided by the manufacturer of the spa specifically made for that model of spa. Said cover is to be placed over the top of the spa when it is not in use to provide protection from any accidental entrance into the spa waters.
Portable Pools. All portable pools are classified as private residential swimming pools and shall not be for public use. Portable pools shall have a maximum surface area of 150 square feet and a maximum water depth of 30 inches.
Safety of Bathers. All reasonable precautions shall be taken to protect the users of all pools, public or private. Convenient means of ingress and egress shall be provided and the depth of the water shall be clearly indicated safety appliances such as lifebuoys, life hooks, poles, ropes; etc., including fist-aid kits, shall be provided and readily accessible to the pool area. Public pools shall provide attendants and lifeguards in accordance with the requirements of the Pennsylvania Code, Chapter 18.
Lighting. Any lighting fixtures for both public and private pools and spas shall comply with the requirements of the Borough's Electric Code. Light fixtures shall be provided with shielding such that the light will be reflected away from the adjacent properties. The maximum light level at the property line shall be no more than one footcandle.
Equipment Accessibility. All equipment for swimming pools and spas shall be readily accessible for maintenance and repairs.
[Ord. 1114, 10/14/2010, § 6]
All pool systems, both public and private, shall be operated and maintained to keep the water clean and sanitary. The following operational procedures are required:
All public pools and spas shall perform the required tests and maintain the records as required in the Pennsylvania Code, Chapter 18.
Filling. All pools, both private and public, shall be filled from the municipal water system service connected for the property where the pool is located unless other methods are approved in advanced by the Borough.
Recirculation. Provision shall be made for the complete recirculation of water through all parts of a pool or spa with the exception of portable pools. The system shall be constructed such that a complete turnover of the pool water in the system occurs at least once during a six-hour period. The rate of application of the pool water on the filter system shall be no greater than three gallons per minute per square foot of filter area. The design of the recirculation system shall be submitted and provided to the Borough's Plumbing Code Official prior to the issuance of a permit.
Drainage. All pools and spas, including portable pools, shall be drained into the sanitary sewer system.
Cleaning. Visible dirt on the bottom of any pool or spa shall be removed from the pool or spa at least once per day. Visible scum or floating matter on the surface shall also be removed at least once per day. All pools and spas shall be thoroughly cleaned at least once per week to maintain sanitary conditions. Ponds shall be cleaned periodically to maintain a clean ecosystem and properly manage the growth of algae. Ponds may be required to be drained if algae growth is excessive or if pond odors are detectable from an adjacent property.
Polluted Water. No body of water, whether it be a natural or an artificial body of water, which contains sewage, waste or other contaminating or polluting ingredients rendering the water hazardous to health shall be used for swimming or bathing purposes by any person or persons.
Use of Facilities. The following requirements are established for the use of public and private pool and spa facilities:
In the use of a public or private pool or spa, it shall be unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which annoys, disturbs, injures, or endangers the comfort, repose, health, peace or safety of others.
In the use of a public or private pool or spa, the use or permitting the use or operation of any radio, receiving set, musical instrument, phonograph, or other machine or device for the production or reproduction of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for the convenient hearing of any person who is in the swimming pool or spa premises shall be unlawful.
Every person using an outdoor swimming pool or spa (public or private) or an indoor private commercial pool or spa must wear a bathing suit or other suitable garment to protect his person from indecent exposure.
No outdoor swimming pool or spa shall be so located, designed, operated or maintained as to interfere unduly with the enjoyment of their property rights by the owners of property adjoining the property on which the pool or spa is located.
Inspections. The Borough Manager or Borough Health Official shall have the right to inspect, or cause to be inspected, all public and private swimming pools and ponds and all outdoor spas at such times as deemed necessary to carry out the intent of this Part. The Borough Manager, the Borough Health Official or their designated agent are hereby authorized to enter upon any premises, public or private, for the purpose of such inspection and to take samples of the water from such pools, ponds or spas at such times as deemed necessary. The Borough Manager, the Borough Health Official or their designated agent are hereby authorized to require the owner, proprietor or operator of a pool, pond or spa to comply with the requirements of this Part. In the event of the failure of compliance, the Borough Manager shall have the power to abate or cause a suspension of the use of such pool, pond or spa until such time that, in the opinion of the Borough Manager, the use of said pool, pond or spa is no longer a menace or hazard to the health, safety or morals of the public.
All public and commercial private swimming pools and all public spas are required to have an electrical inspection performed every three years. This inspection shall be performed by a person certified to perform electrical inspections by the PA Department of Labor and Industry, and the cost of this inspection shall be the responsibility of the property owner. Any residential above-ground pools whose pump is connected to an electrical circuit through a plug and cord to an outlet shall not be required to have this inspection. A copy of this inspection report shall be submitted to the Borough within 30 days of the inspection date. The three-year time period shall begin with the date of the last electrical inspection, or in the case of new construction or occupancy, with the date of the certificate of occupancy, swimming pools and spas which exist at the time of the implementation of this Part shall have 90 days in which to have the initial inspection completed.
[Ord. 1114, 10/14/2010, § 7]
All fees associated with the provisions of this Part shall be established by a resolution of Borough Council and reviewed and amended on an as-needed basis.
[Ord. 1114, 10/14/2010, § 8]
The permit application shall be reviewed by the Borough Manager or the Building Code Official within 30 days from the filing of the application with the Borough.
Any person aggrieved by a decision of the Borough Manager to reject the permit application may appeal this decision to the Borough Council. All appeals are to be filed within 10 days from the receipt of the rejection of the permit application. Borough Council shall render their decision regarding the appeal within 30 days from the filing of the appeal. Within 20 days following notification of the Council's decision, the applicant may further appeal the decision on the permit application to the Court of Common Pleas of Berks County, Pennsylvania.
[Ord. 1114, 10/14/2010, § 9]
The violation of any provisions of this Part shall constitute a summary offense. The violator shall, upon conviction, be subject to a fine of not less than $200 and not more than $500, plus the costs of prosecution, and, in default of payment of such fines and costs, to imprisonment for not more than 30 days. Each day's continuance of a violation shall constitute a separate offense.