Appeal from the Order of the Environmental Hearing Board in case of Apple Valley Racquet Club v. Commonwealth of Pennsylvania, Department of Environmental Resources, Docket No. 74-150-C.
Robert B. Dornhaffer, with him Thomas, Shafer, Walker, Dornhaffer & Swick, for appellant.
Eric Pearson, Special Assistant Attorney General, for appellee.
President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Wilkinson. President Judge Bowman concurs in the result only.
[ 20 Pa. Commw. Page 326]
This case presents two questions; the first and important one is whether the Public Bathing Law, Act of June 23, 1931, P.L. 899, as amended, 35 P.S. § 672, et seq., applies to a swimming pool owned and operated by a membership club for the use and enjoyment of the club members and their invited guests. The second question is whether, if the Act applies, did the Environmental Hearing Board abuse its discretion and act in an arbitrary and unreasonable manner in affirming the order of the Department of Environmental Resources which ordered appellant to cease operation of the pool and drain the same and to not reopen it until appellant is in possession of a valid bathing place permit?
The Public Bathing Law provides, in Section 2, 35 P.S. § 673:
"Definitions, as used in this act:
"(1) A public bathing place shall mean any place open to the public for amateur and professional swimming or recreative bathing, whether or not a fee is charged for admission or for the use of said place, or any part thereof.
"(2) A swimming pool shall mean a place in the open or enclosed in any structure or building for the purpose of admitting two or more persons to bathe or swim together.
[ 20 Pa. Commw. Page 327]
"(3) A natatorium shall mean a place in any building, or parts of buildings, maintained and conducted by any person or persons, club, corporation, association, or society or other organization, where fees are charged to public or member patrons for ...