Chapter 15.10
SWIMMING POOL MAINTENANCE
Sections:
15.10.010 Public policy.
It is determined and declared that the maintenance of private swimming pools, fishponds and other artificial bodies of water without appropriate precautionary measures constitutes a severe hazard to the safety of the inhabitants of the City of Harrisburg, particularly children. [Ord. 470 § 1, 1979.]
15.10.020 Control.
1. Every person, firm, or corporation in possession of land within the City of Harrisburg, either as owner, purchaser under contract, lessee, tenant or licensee, on which there is situated an excavated or portable swimming pool, fishpond or other artificial body of water which contains water 18 inches or more in depth at any point shall erect and maintain on the lot or premises upon which such pool or body of water is located an adequate fence or wall. (See Chapter 18.80 HMC for fencing standards.)
2. Such fence or wall shall completely surround such pool or body of water, and the fence shall be not less than four feet above the underlying ground; provided, however, that a dwelling, house, or accessory building may be used as part of such enclosure.
3. If an above-ground pool is located on the property, the wall(s) of the pool shall not satisfy the above wall requirements.
4. All gates or doors opening through such enclosure, except the door of any dwelling occupied by human beings and forming any part of the enclosure required above, shall be equipped with a self-closing and self-latching device designed to keep and capable of keeping such door or gate securely closed at all times when not in actual use. The self-latching device shall be placed not less than five feet above the underlying ground or otherwise made inaccessible from the outside by small children. [Ord. 906 § 1, 2012; Ord. 887, 2010; Ord. 669 § 1, 1995; Ord. 470 § 2, 1979.]
15.10.030 Compliance.
1. New Construction. All plans hereafter submitted to the City of Harrisburg for swimming pools to be constructed shall show compliance with the requirements of HMC 15.10.020, and final inspection and approval of all pools hereafter constructed shall be withheld until all requirements of HMC 15.10.020 shall have been complied with.
2. Existing Facilities. All persons maintaining such pools shall comply with the requirements of HMC 15.10.020 within 60 days after the effective date of the ordinance codified in this chapter.
3. Public Pools Excepted. The provisions of this chapter shall not apply to swimming pools or other artificial bodies of water which are owned, operated and maintained by a legally constituted public jurisdiction. [Ord. 470 § 3, 1979.]
15.10.040 Modifications.
1. The City Council may, by resolution, allow modifications for good cause shown in individual cases with respect to the height, nature, or location of the fence, wall, gates or latches, or the necessity therefor, provided the degree of protection is not reduced thereby.
2. The City Council may permit other protective devices or structures to be used so long as the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the fence, gate and latch required in HMC 15.10.020.
3. The City Council, upon the application of a property owner, may grant extensions of time for compliance in individual cases upon a showing of good cause. Such extensions of time shall not exceed 30 days at a time. [Ord. 470 § 4, 1979.]
15.10.050 Penalties.
Any person, firm or corporation violating any of the provisions of this chapter shall be punished by a fine not to exceed $500.00. If the person, firm or corporation violating this chapter creates thereby a continuing condition in violation hereof, each day during which such condition is permitted to exist after notice of violation has been served upon the violator shall be deemed a separate offense hereunder. [Ord. 669 § 2, 1995; Ord. 470 § 5, 1979.]
15.10.060 Constitutionality.
The several parts, sentences, clauses and provisions of this chapter are hereby declared to be separate parts thereof, and in the event that if, for any reason, any clause, sentence, section or subdivision in this chapter shall be declared to be void by any court of competent jurisdiction, the remainder of this chapter, and each and every part thereof, shall remain and be in full force and effect as if such part or parts declared void had not been included herein. [Ord. 470 § 6, 1979.]