[Ord. #1251; Ord. #1424, § 15; Ord. #1597; Ord.
#2865-12]
As used in this chapter:
Shall mean accepted or acceptable under, applicable specifications
stated in this chapter, or accepted or suitable for the proposed use
under the procedures and powers of administration delegated in this
chapter.
Shall mean and include the health officer or other duly authorized
representative thereof, except in such case when the board is referred
to in a manner that contemplates action by it as a body.
Shall mean and include the construction, or building, or
installing of a new swimming pool or the enlarging of an existing
swimming pool or any of the facilities.
Shall mean any above surface type of swimming, bathing, or
wading pool that contains water not more than 24 inches deep, and
is constructed of canvas, rubber, plastic or other material, not designed
or intended to be stationary or permanently fixed, but designed and
intended to be removed and stored.
Shall mean any private pool or other body of water whether
permanently constructed or of the portable type having a depth of
more than 18 inches below the level of the surrounding land or an
above-surface pool or other body of water having a depth more than
24 inches whether or not designed, used and maintained for swimming
or bathing purposes by an individual for use of the members of his
household and guests, and located on applicant's land as an accessory
use to a residence, and shall include all buildings, structures, equipment
and appurtenances thereto.
Shall mean building subcode official or other duly authorized
representative thereof.
Shall mean and include any shallow pool not included under
swimming or bathing pool.
[Ord. #1251; Ord. #1424, § 15]
a.
The application of the provisions herein to a permanently installed
swimming or bathing pool constructed prior to August 3, 1959 shall
be as follows:
1.
Such pool shall not be subject to the requirements under subsection 18-5.1a, pertaining to distances of pool from boundary lines, etc., unless a n enlargement of facilities is sought.
b.
The provisions of this chapter shall not apply to wading pools, unless
specific reference is made in any section herein to such type of pool.
[Ord. #1251; Ord. #1424, § 15]
It shall be unlawful for any person to construct, install or
maintain a swimming or bathing pool in the township without having
first complied with the provisions of this chapter.
[Ord. #1251; Ord. #1424, § 15; Ord. #2861-12, § 2]
No person shall construct any permanent or stationary type swimming
or bathing pool without first having obtained a permit therefor. Applications
for a permit required by this subsection shall be made to the building
subcode official or other official designated by resolution of the
board of commissioners. The application form shall be provided by
the township, executed in duplicate, and accompanied by duplicate
set of the following:
a.
Plan and specification for the proposed swimming or bathing pool,
showing and covering all auxiliary structures and appurtenances related
thereto.
b.
A plot plan showing property lines of the land upon which the proposed swimming or bathing pool is to be constructed, installed or located, showing all existing houses and structures thereon, the specific location and dimensions of the proposed pool and auxiliary structures, showing the distance from the property lines and abutting street. The distance shall not be less than the minimum provided in subsection 18-5.1.
c.
A clear description shall be given of the fence or other enclosure proposed to surround the swimming or bathing pool, the type of material to be used, the height thereof, and the number of gates or doors. The fence or other enclosure shall conform to the minimum standards provided in subsection 18-5.4.
[Ord. #1251; Ord. #1424, § 15; Ord. #2861-12, § 2]
a.
Upon the filing of an application for a permit hereunder, properly
executed, the building subcode official shall forthwith file the duplicate
application and accompanying plan and specification with the board
of health, for its recommendations and approval.
The building subcode official shall, within 30 days after receiving
a properly executed application for a permit, act upon the same in
the manner as follows:
1.
Approve
the application as submitted and cause the permit to be issued.
2.
Approve
the application subject to any correction, modifications or additional
information required to be furnished, to assure proper compliance
with the provisions of this ordinance. Upon receipt of an application
so amended, the building subcode official shall cause the permit to
be issued.
3.
Reject
the application when it is determined that a permit should not be
issued.
[Ord. #1251; Ord. #1424, § 15; Ord. #2861-12, § 2]
The fee accompanying an application for a permit to construct,
install, enlarge and maintain a swimming or bathing pool authorized
under this chapter shall be as follows:
a.
For installation of a new swimming or bathing pool of permanent or
stationary type of construction or for the enlargement of such an
existing swimming or bathing pool, a charge of $10 and $1.75 for each
$500 of the estimated cost of construction or fraction thereof.
b.
No permit shall be required for a portable pool as defined in this
chapter.
c.
The fees provided in this subsection are intended to defray the cost
of processing the application, inspection of site before and after
issuance of permit.
d.
The permit issued and the fee paid hereunder shall be in addition
to any permits and fees which will be required by the board of health
to regulate the operation of swimming or bathing pools in a sanitary
manner, and to defray the inspection and examination costs.
[Ord. #1251; Ord. #1597]
a.
A swimming pool, bathing pool or wading pool of permanent or stationary
type of construction shall not be constructed, installed, located,
maintained, or operated within five feet of any property boundary
line, nor any such pool be located in the front yard of any premises
as defined by the zoning ordinance of the township.
b.
A swimming or bathing pool, or wading pool, shall not be constructed,
installed, located or maintained on any land unless a residence building
is also located thereon.
[Ord. #1251; Ord. #1424, § 15]
All material used in the construction of a swimming or bathing
pool licensed hereunder, shall be of durable quality and waterproof,
and so designed as to facilitate its emptying and cleaning. The bottom
and sides of the pools shall be either white or a light color, except
that aluminum paint shall not be used as a finish. Pool sides and
bottom shall be smooth and free from cracks and open joints. Inlets
shall be so located and spaced as to secure satisfactory dispersion
of inflowing waters throughout the pool and to permit the draining,
cleaning and disinfection of the bottom and sides. Sand or earth bottom
shall not be used.
[Ord. #1251; Ord. #1424, § 15]
In addition to the provisions in this chapter the construction,
installation, maintenance and operation of any swimming pool, bathing
pool, or wading pool shall be subject to the regulations and standards
now or hereafter provided in the sanitary code of the township pertaining
to the following matters:
[Ord. #1251; Ord. #1518; Ord. #1597]
a.
Every swimming pool, bathing pool or wading pool having a depth of
18 inches below the level of the land surrounding the pool, or in
the case of above-surface pools, having a depth of 24 inches or more,
shall be completely surrounded by a fence or wall of substantial construction
not less than five feet in height, which shall be so constructed as
not to have opening, holes or gaps larger than two inches in dimension,
except for doors or gates; and if a picket fence is erected or maintained,
the horizontal dimension shall not exceed three inches. A dwelling
house or accessory building may be used as part of such enclosure.
b.
The fence or wall enclosure shall be so designed and constructed
as to reasonably prevent any person from gaining access beneath, through
or over the same, and shall be provided with one or more substantial
gates or doors of the same height as the fence or wall enclosure.
c.
Every gate or door opening through such enclosure shall be equipped
with a self-closing and self-latching device, capable of keeping such
gate or door securely closed.
d.
It shall be deemed that there is sufficient compliance with this
section when the owner's entire property is completely enclosed
by a fence and gate of the type above-mentioned.
e.
Any access ladder or steps used in connection with the above-surface
type of swimming or bathing pool shall be removed from the pool when
the same is not in use.
f.
Lights used to illuminate any swimming pool or bathing pool shall
be so arranged and shaded as to reflect light away from adjoining
premises.
g.
Electrical fixtures, wiring and installation thereof, used in connection
with the swimming pool shall conform to the standards of the National
Board of Fire Underwriters for Electrical Wiring and Apparatus.
h.
All private swimming pools shall be emptied so as not to create a
discharge or flow of the swimming pool water onto adjacent property
and the swimming pool water shall not be discharged into the public
sanitary sewer system of the township and in any case it shall not
be discharged in any manner or form that would create a public or
private nuisance.
[Ord. #1251; Ord. #1424, § 15]
Swimming, bathing or wading pools shall also be subject to any
sanitary regulations now provided in the sanitary code of the board
of health of the township or to be hereafter enacted.
[Ord. #1251; Ord. #1597, § 4]
The police department, health officer, or building subcode official
shall be entitled to enter onto private property to investigate complaints
concerning violations of this chapter. The health officer at any time
may require the property owner to obtain at the property owner's
expense a laboratory report on the water purity from a certified testing
laboratory. Such certification must set forth a conclusion as to whether
or not the pool water tested constitutes a health menace. The department
of health shall require the property owner to comply with such rules
and regulations as the department of health may promulgate pertaining
to pools in accordance with this chapter. In the event of failure
of compliance after due notice to the property owner, the department
of health shall have power to abate or cause a suspension of use of
private swimming pools until such time as in the opinion of the department
of health it is no longer a menace or hazard to health.
The building subcode official may require the replacement or
repair of rotted, rusting, or other unsatisfactory above ground pool
supports where, in his opinion, such defective supports are a menace
or a hazard to the safety of the pool users. However, safe, and healthful
use of the pool and proper construction and maintenance shall be the
sole responsibility of the property owner and the police department,
health department and building subcode official through their investigation
or action upon a complaint shall not assume any liability for the
negligent use, construction or maintenance of the pool or improper
or inadequate water purity of the pool.
