In California, the Legislature and Department of Health have similarly classified pools located within private HOAs and residential developments as “public.” As such: HOAs with 25 or more separate interests must test pool and spa water chemical composition and temperature on a daily basis, and keep a log of the testing.
Article VI is the regulation that grants the Allegheny County Health Department (ACHD) Housing and Community Environment Program the authority to inspect and enforce minimum property standards and public health requirements for dwellings and premises in Allegheny County.
Does it require a permit? If it is over 24 inches high, then yes. Zoning (PDF), Stormwater (PDF) (if it's over 80 square feet) and Building Permits (PDF) are required (Swimming Pool Checklist). A plot plan is required showing the exact location of the pool with footage.
All pools are required to have a barrier or fence to prevent authorized access. Above Ground Pools may use the pool wall as a barrier under the following conditions: o Documentation, such as a letter, must be provided from the pool manufacturer allowing the pool wall to serve as a barrier.
Pools that are only partially below ground count as in-ground pools. Above-ground pools need a fence or barrier when they exceed a certain depth. The exact depth requirement varies, but it is usually around 18 to 24 inches.
Without the HOA approval your neighbor cannot the pool, and is already violating the rules. It is rare that the HOA business judgement would be overturned by a court, and certainly not in a case like this.
If you have a body of water (even a little kid plastic or inflatable pool) that is more than 24” deep, it is considered a pool and must meet all requirements, including fencing. For any pool, your fence or wall must be 48” tall to prevent entrance by children, animals or people who might try to access the pool.
Pennsylvania Pool Fence Laws Without getting too much into the size, style, and other specifications, just know that if you're wondering, “Do I need a pool fence?”, the answer is yes – you sure do! The only exception to the Pennsylvania pool fence law is if you have an above-ground pool with sides taller than 4 feet.