[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.
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.[1]
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.
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.
A.
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.
B.
Permit fees.
(1)
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.
(2)
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.
C.
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.
A.
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.
B.
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:
(1)
Emptied when not in use or unattended; or
(2)
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.[1]
C.
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.
A.
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.[1]
B.
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.
C.
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.
A.
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.
B.
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.
