How Bethlehem Handles Swimming Pools & Spas: A Practical Guide

Bethlehem maintains 100 local ordinances across all categories, and 3 of those deal specifically with swimming pools & spas. Here is a breakdown of what the city actually requires, what is prohibited, and where Bethlehem falls on the strict-to-permissive spectrum compared to other cities.

Pool Permits

Any swimming pool in Bethlehem - in-ground or aboveground - capable of holding water more than 24 inches deep requires both a City zoning permit under Zoning Code § 1322(yy) and § 1306.03 (location, setback) and a UCC building permit under 34 Pa. Code Ch. 403 (structural, electrical, ISPSC 2018 barrier compliance). The City's separate stand-alone pool ordinance (former Article 1711) was repealed in 2004, leaving the zoning code plus the statewide PA UCC as the controlling rules. Hot tubs and spas with secure locking covers may be exempt from the fence rule under ISPSC § 305.5 but still need a UCC electrical permit.

Key details: Zoning Permit: Required under Zoning § 1322(yy) and § 1306.03. UCC Building Permit: Required for pools > 24 in deep (34 Pa. Code Ch. 403). Governing Code: ISPSC 2018 (statewide adoption). Old Article 1711: Repealed in 2004; replaced by zoning + UCC. Electrical: NEC Article 680 (GFCI, bonding, conductor clearance).

Operating or installing a pool without the required permits is enforceable as both a zoning and UCC violation. Stop-work orders, fines up to $1,000 per day under 53 P.S. § 37403, mandatory drain-down until compliance is achieved, and double permit fees for retroactive permits are typical remedies.

Fencing Requirements

Pool fencing in Bethlehem is governed by Pennsylvania's adoption of the 2018 International Swimming Pool and Spa Code under the PA Uniform Construction Code (34 Pa. Code Ch. 401-405), as cross-referenced by Bethlehem Zoning § 1322(yy)(4). ISPSC § 305 sets a 48-inch barrier, 4-inch sphere test on openings, 2-3/8-inch maximum bottom gap, self-closing / self-latching outward-opening gate, and latch hardware at 54 inches. The water surface must be at least 6 feet from any side or rear lot line under Bethlehem Zoning § 1306.03(b)(4).

Key details: Statewide Minimum Height: 48 in (ISPSC § 305). Bethlehem Cross-Reference: Zoning § 1322(yy)(4) - See UCC fencing rules. Max Opening: 4-inch sphere test. Bottom Gap: 2-4 in depending on ground conditions (ISPSC). Gate: Self-closing, self-latching, outward-opening, latch at 54 in.

Non-compliant fencing is enforced both by the Zoning Officer (§§ 1306.03, 1322(yy)) and the Building Code Official (UCC / ISPSC). Fines up to $1,000 per day under 53 P.S. § 37403, mandatory drain-down, and potential civil liability under the attractive-nuisance doctrine if a child is injured.

This is not one of those rules that cities tend to ignore. Bethlehem actively enforces its fencing requirements requirements.

Safety Rules

Bethlehem pool owners must comply with: (1) the Virginia Graeme Baker Pool and Spa Safety Act (15 U.S.C. § 8003) anti-entrapment drain-cover requirements; (2) the ISPSC 2018 alarm, suction, and circulation safety provisions adopted statewide under the PA UCC; (3) NEC Article 680 electrical bonding and GFCI rules; and (4) Bethlehem stormwater Article 925 plus the City's NPDES MS4 permit, which prohibit chlorinated pool-water discharge to the storm sewer system. Public pools are additionally licensed and inspected under 28 Pa. Code Ch. 18.

Key details: Pool Water Discharge: Prohibited to MS4 (illicit discharge under Article 925 + NPDES permit). Drain Covers (VGB Act): ASME/ANSI A112.19.8 - federal requirement. Single Main Drains: Need secondary anti-entrapment system. Electrical: NEC Art. 680 - GFCI, bonding, 22.5 ft conductor clearance. Public Pools: 28 Pa. Code Ch. 18 - annual PA DOH license.

VGB Act drain-cover violations are federal CPSC enforcement, with civil penalties under 15 U.S.C. § 2069 (up to $100,000 per violation, $15 million max for related series). UCC / ISPSC violations are enforced by the Bethlehem Building Code Official with up to $1,000-per-day fines under 53 P.S. § 37403. Stormwater / MS4 violations are enforced under Article 925 by the Bureau of Code Enforcement and can also trigger PA DEP enforcement under the Clean Streams Law. Civil liability for child drownings and entrapment incidents is independent and frequently in seven figures.

This is not one of those rules that cities tend to ignore. Bethlehem actively enforces its safety rules requirements.

The Bottom Line

Bethlehem is tougher than many cities when it comes to swimming pools & spas. Out of the 3 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in Bethlehem, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

These rules come from Bethlehem's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.