[HISTORY: Adopted by the Board of Commissioners of the Township of
Wilkins 6-11-1973 as Ord. No. 538. Amendments
noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 173.
Any person, firm or corporation that constructs, operates or maintains
a family swimming pool, pond or open well on any property in the Township
of Wilkins shall notify the Secretary of the Township of Wilkins, in writing,
of the design and material of which the same is constructed and the type and
character of safeguards permanently constructed around said swimming pool,
pond or open well.
As used in this chapter, the following terms shall have the meanings
indicated:
- FAMILY POOL
- A swimming pool used or intended to be used solely by the owner, operator or lessee thereof and his family and by friends invited to use it without the payment of any fee.
Before work is commenced on the construction of a family swimming pool,
pond or open well or any alteration, addition, remodeling or other improvement
to the same, an application for a permit for the construction of the same
and the plans and specifications and pertinent explanatory data shall be submitted
to the Ordinance Enforcement Officer of the Township of Wilkins for his approval,
and no part of the work shall be commenced until the Ordinance Enforcement
Officer has granted such approval by a suitable endorsement upon such plans
and specifications.
A.
Enclosure of family swimming pool, pond or open well.
Every outdoor family swimming pool, pond or open well, including those now
existing or under construction, shall be surrounded completely by a fence
or wall not less than four feet in height nor more than six feet in height,
which shall be so constructed as to have no openings, holes or gaps larger
than four inches in any dimension except for doors and gates, and if a picket
fence is erected or maintained, the horizontal dimension shall not exceed
four inches. A dwelling house or accessory building may be used as part of
such enclosure. All gates or doors opening through such enclosures shall be
equipped with a self-closing and self-latching device on the pool side for
keeping the gate or door securely closed at all times when not in use, except
that the door of any such dwelling which forms a part of the enclosure need
not be so equipped. The fence shall surround the pool and the deck area exclusively.
It shall be within 20 feet of the pool structure on two sides and a maximum
of 25 feet on the other two sides unless the main building provides the enclosure
on that side.
B.
When the pool, pond or well is unattended or not in use
by authorized persons, it shall be the responsibility of the owner or operator
to securely close and latch the gate or door or cause the same to be done.
The fencing requirement shall be applicable to all new family swimming
pools, ponds or open wells hereinafter constructed, other than indoor pools
or above-grade pools, and shall apply to all existing pools, ponds or open
wells which have a depth in excess of 24 inches of water. No person in possession
of land within the Township of Wilkins either as owner, purchaser, lessee,
tenant or licensee upon which is situated a family swimming pool, pond or
open well having a depth in excess of 24 inches of water shall fail to provide
and maintain such fence or well as herein provided.
The Board of Commissioners of the Township of Wilkins may, on application
after public hearing, make modifications in individual cases upon a showing
of good cause with respect to the nature or location of the fences, walls,
gates or latches or the necessity therefor, provided that the protection as
sought hereunder is not reduced thereby.
Fencing shall not be required for above-grade pools. "Above-grade pools"
are defined as pools constructed with a wall not less than four feet in height
from all surrounding grades and providing entry only by portable ladder.
When not in use by authorized persons, it shall be the responsibility
of the owner or operator of above-grade pools to remove or cause to be removed
the portable ladder and store the same either inside the pool or in some other
structure not open to view.
All electrical fixtures, wiring and connections used in or about the
pool site shall be installed in conformance to standards of the National Electrical
Code, 1970 Edition.
Where required by this chapter, fences shall be erected around existing
pools, ponds and open wells within 30 days of the date of the adoption of
this chapter.[1]
Any person or persons, including any agent or employee of any corporation,
association or organization, who shall violate any of the provisions of this
chapter, shall, upon conviction before a District Justice, be sentenced to
pay a fine of not more than $1,000, plus costs of prosecution, and, in default
of payment thereof, shall undergo imprisonment for a period not exceeding
30 days. Each day a violation is permitted to exist after notice, in writing,
has been served by the Ordinance Enforcement Officer shall constitute a separate
offense.