[HISTORY: Adopted by Borough Council of Borough of Oakmont 10-9-1972 by Ord. No. 028-72. Amendments noted where applicable.]
As used in this chapter, unless the context otherwise indicates, the following words and terms shall have the meanings given herein:
- Building or installing a new swimming pool or enlarging an existing swimming pool or any of its facilities.
- PORTABLE POOL
- A body of water or receptacle for water contained in a wholly or partially aboveground level outdoor receptacle of more than 75 cubic feet capacity and having a depth at any point greater than 18 inches, not stationary or fixed, and capable of being removed for storage, which is erected, maintained and used or intended to be used for swimming, wading or bathing solely by the owner, tenant or lessee of the premises upon which the pool is situated, and by his family or friends and guests invited to use it without payment of any fee.
- PRIVATE SWIMMING POOL
- Any stationary pool of water having a water depth in excess of 18 inches and an area greater than 120 square feet, designed, used and maintained for swimming purposes by an individual for use by this household and guests without fees, and located on property owned, leased or otherwise used and maintained by the owner of said swimming pool. It shall further mean and include fill-and-draw, flow-through and recirculation pools which are artificially constructed to provide recreational facilities for swimming, bathing or wading and all buildings, equipment and appurtenances thereto. It shall not include natural outdoor ponds, rivers or lakes, nor baths used for cleansing of the body or practice of the healing arts.
- WADING POOL
- Any artificially constructed pool intended for use by children not designed or used for swimming, with a maximum area of 120 square feet and a maximum water depth of 18 inches.
Application for permit. Application for permits for the construction and maintenance of any stationary private swimming pool, as defined in § 186-1 hereof, shall be made to the Borough Manager by the owner of the property upon which it is to be constructed. The application shall be accompanied by duplicate sets of plans, specifications and plot plans of the property. The plot plan shall show the accurate location of the proposed pool on the property, together with any proposed accessory buildings. The plot plan shall also show the location, height and type of all existing fencing or walks on the boundary lines of the property, together with the type and height of fencing or enclosure as may be required by this chapter.
Applicants shall enclose with each application a fee as set from time to time by resolution of the Borough Council per estimated $1,000 cost of construction, to be paid to the Borough of Oakmont for a permit to erect a stationary private swimming pool, as defined in this chapter, which permit fee shall be exclusive of the permit fee required for the erection of any accessory structure or structures to be used in connection with such swimming pool.
Any person who desires to erect a potable pool on his property shall register such intention with the Borough Manager and pay a fee as set from time to time by resolution of the Borough Council for each registration.
Approval by borough authorities. No permit for a private stationary swimming pool shall be issued by the Borough Manager until the plans, specifications and plot plan have been approved by the Borough Engineer and/or the Borough Manager, and such approval must be directly obtained from the Borough Manager by the applicant.
All materials used in the construction of private swimming pools, portable pools or wading pools shall be waterproof and so designed and constructed as to facilitate emptying and cleaning and shall be maintained and operated in such manner as to be clean and sanitary at any time when any such pool shall be in use or at such times as the same shall be subject to use. Inlets for treated water shall be so located and spaced as to secure satisfactory dispersion of the water throughout the pool and not to interfere with draining, cleaning and disinfecting of the bottom and sides. Sand or earth bottoms shall not be used.
There shall be no physical connection between a portable public or private water supply system and such private swimming pools, wading pools or portable pools below the maximum waterline of the pool or to a recirculating or heating system of said pool. The piping system shall be designed to circulate the pool water through filtering equipment. Potable water shall feed the pool with a downspout with an air gap not less than six inches from the pool overflow level. Potable water siphons will not be permitted to drain the aforesaid pools. The installation, repair and control of plumbing facilities shall comply with the plumbing and any sanitary standards now adopted or hereinafter adopted by the Borough of Oakmont. All circulating units shall have sufficient capacity to recirculate the entire contents of a pool within eight hours or less.
All private swimming pools now existing or hereafter constructed, installed, established or maintained, with the exception of wading pools and portable pools, shall be completely and continuously surrounded by a permanent durable wall, fence or barrier which shall be no more than six feet nor less than four feet in height above grade and shall be so constructed as to have no opening, mesh, hold or gap larger than two inches in any dimension, except for doors and gates; provided, however, that if a picket fence is erected and maintained, the horizontal dimension of any gap or opening shall not exceed 21/2 inches. No fence of any kind or material shall be constructed or maintained which shall contain projections of any kind at any point on the outer surface of said fence. A dwelling house or accessory building may be used as part of such enclosure. All gates used in conjunction with any of the above-described enclosures shall conform to the specifications required above as to height and dimensions of openings, mesh, holes or gaps in the case of fences, and all gates and doors shall be equipped with self-closing and self-latching devices for keeping the gate or door securely closed at all times when not in actual use.
Every outdoor wading pool or portable pool shall be enclosed by a durable wall, barrier or fence, as described in the preceding subsection, unless such outdoor wading pool or portable pool is:
Emptied when not in use or unattended; or
Covered with a suitable, strong protective covering fastened or locked in place when not in use or unattended. A cover shall be considered to be of sufficient strength and securely fastened or locked in place if, when fastened or locked in place, it will support a minimum dead weight of 200 pounds. A private swimming pool of the portable type, erected aboveground to the height of at least four feet, and the sides of which are constructed as not to permit access to the water area by climbing, shall not be required to be enclosed by the hereinbefore-described fence or wall. All steps, ladders or other approaches shall be removed when the pool is not in use or properly supervised. Steps or ladders which can be raised and locked securely above the pool shall not be required to have steps or ladders removed when not in use.
All permanent swimming pools which are fenced as required by this chapter shall have a gate or door which shall be closed at all times except when open for the purpose of ingress or egress. Gates and doors shall be locked at all times when the pool is not in use or is unguarded or unattended.
No private swimming pool, as defined in this chapter, or accessory building shall be erected or placed nearer to a street property line or nearer to a side or rear property line than would be allowed for buildings in the respective zoning districts as set forth in the Zoning Ordinance of the Borough of Oakmont.
No private swimming pool shall be constructed so that its drain outlet shall connect in any manner to any sewage disposal system, or drain on abutting property.
No private swimming pool shall have an area in excess of 10% of the area of the lot upon which it is constructed or installed.
No artificial lighting shall be maintained or operated in connection with a private swimming pool, wading pool or portable pool in such a manner as to be a nuisance or an annoyance to neighborhood properties. Such lighting shall not shine directly upon any abutting property. No unshielded lights shall be permitted.
Abatement of nuisances. Any nuisance which may exist or develop in or in consequence of or in connection with any private swimming pool shall be abated and/or removed by the owners.
Mechanical defects and lack of supervision. Whenever any private swimming pool, by reason of mechanical defects or lack of supervision is, in the opinion of the Borough Manager, polluted and detrimental to health, it shall be summarily closed.
It shall be the duty of the Borough Manager and/or Chief of Police to enforce the provisions of this chapter.
Any person, firm or corporation violating any provisions of this chapter shall, upon conviction thereof by the District Justice, be subject to a fine of not exceeding $1,000, plus costs of prosecution, or to imprisonment for a term not exceeding 90 days, or both, in the discretion of the court, and every day that such violation exists shall be constituted a separate offense.