Pottstown Borough regulates private swimming pools through its Code of Ordinances on eCode360, requiring a fence or wall around the perimeter of the pool area or yard to prevent uncontrolled access from the street or adjacent properties. Pottstown also enforces the Pennsylvania Uniform Construction Code (Act 45 of 1999, 35 P.S. Β§7210.101 et seq.), which adopts IRC Appendix AG105 statewide. AG105 sets the 48-inch barrier height, self-closing and self-latching gate, and 4-inch sphere opening limits.
Under the Pottstown Borough Code, the property owner must construct a fence or wall around either the perimeter of the pool area or the entire yard containing the pool to prevent uncontrolled access from the street or adjacent properties. Swimming pools may not be located in the front yard. Storable swimming pools must be set back at least four feet from the side and rear lot lines, and all other (permanent in-ground or above-ground) pools must be set back at least seven feet from the side lot line and 10 feet from the rear lot line. Storable pools must also be drained and removed before October 1 each year. A permit must be obtained from the Pottstown Department of Licensing and Inspections for any new or replacement pool prior to construction or installation. Beyond the local zoning rules, Pennsylvania Uniform Construction Code (Act 45 of 1999, 35 P.S. Β§7210.101 et seq.) adopts IRC Appendix AG105: the barrier must be at least 48 inches high measured on the side away from the pool; openings may not allow passage of a 4-inch sphere; chain-link mesh may not exceed 2.25 inches square unless slatted; and gates must be self-closing and self-latching, with the release mechanism at least 54 inches above the ground if on the pool side.
Pottstown Borough Code violations are typically enforced through summary citations issued by the Department of Licensing and Inspections, with fines, costs of prosecution, and orders to comply. Continued non-compliance may result in stop-work orders and additional daily fines. Pennsylvania UCC violations under 35 P.S. Β§7210.903 are summary offenses with fines up to $1,000 per violation plus stop-work orders by the building code official. Each day a violation continues may constitute a separate offense. Civil liability for drowning incidents where a non-compliant barrier contributed can be substantial.
Pottstown, PA
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