[HISTORY: Adopted by the Mayor and Borough Council of the Borough
of Gibbsboro as Chapter XV of the Revised General Ordinances (Ch. 159 of the
1982 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any pool designed or maintained for bathing or swimming purposes,
including artificially constructed as well as natural pools, but not public
or private lakes or other natural bodies of water in excess of 10,000 square
feet of surface area. This term shall apply to such pools as are normally
affixed to the ground either above, below or partly below the ground and which
would normally remain in or on the ground as a permanent fixture throughout
the year, whether in use or not.
Any pool designed or maintained for bathing or swimming purposes,
open at the top, made of fabric, plastic, metal or other material, and either
self-supporting or supported by a frame and resting on the ground, capable
of being wholly or partially filled with water or other liquid and so constructed
that it may be taken apart and stored when not in use.
[Amended 7-24-1991 by Ord. No. 91-12]
An artificially constructed or erected pool not designed or used
for swimming purposes, with an area no greater than 250 square feet and with
a maximum water depth not exceeding 24 inches, intended to be filled and emptied
on a daily basis. For the purposes of this chapter, the term "wading pool"
shall not include the term "fish pond" or "garden pool."
[Amended 7-24-1991 by Ord. No. 91-12]
[Amended 5-18-1982 by Ord. No. 82-2[1]]
No person shall construct, maintain, operate or use or continue to maintain,
operate or use any permanent swimming pool or any portable pool capable of
containing 1,000 gallons or more without first obtaining from the Zoning Officer
a swimming pool permit. Before the issuance of a permit, the Zoning Officer
shall be satisfied that the swimming pool complies with all ordinances of
the Borough and the laws of the State of New Jersey which may pertain to the
same. The person applying for the permit shall furnish to the Zoning Officer,
prior to the issuance of the permit, a certificate from the Health Officer
of the Borough that the pool meets the sanitary requirements for its size
and use. Proof of an underwriter's certification of all electrical equipment
and connections may also be required by the Zoning Officer prior to issuance
of the permit. No renewal of this permit is required, provided that the permit
continues to comply with this chapter and all applicable laws, rules and regulations.
[Amended 5-28-1974 by Ord. No. 74-6; 7-24-1991
by Ord. No. 91-12]
A.
Swimming pool location. All swimming pools shall be located
in either the side or rear yard of a lot unless such pool is publicly owned
and maintained. Swimming pools shall comply with the setback provisions for
all other structures for the zone in which such pool is placed. Swimming pools
that are fully or partially in ground shall be so located that, in the event
of a leak, no damage shall occur to the foundation wall of any habitable building.
B.
Fences. All swimming pools, whether permanent or portable,
shall be enclosed by a permanent fence of durable material at least four feet
but not to exceed six feet in height. No opening in the fence shall exceed
three inches in any direction, with the exception of fences with vertical
elements only, such as picket fences, and gates. Vertical-element fences shall
not contain horizontal openings in excess of two inches, excepting gates,
and the horizontal structural members shall face the pool. All gates providing
access to the pool shall be constructed in the same manner and specification
as the fence. All gates shall be self-closing and shall be equipped with self-locking
latches. All gates shall be locked when the pool is not in use. All fences
that enclose swimming pools shall be located to the rear of the front yard
setback line, unless publicly owned.
C.
Portable pools. Portable pools shall be considered to be in compliance with Subsection B above if the following conditions are met:
(1)
The sidewall of the swimming pool is no less than three
feet at any point along its perimeter.
(2)
A fence with no horizontal opening less than five inches
is attached to the sidewall and/or any attached deck around the pool such
that the combined height of the sidewall and fence is no less than six feet
in height.
D.
Adult attendance at pool. No person shall leave a wading
pool which is filled or partly filled unattended without first covering it
with a strong cover capable of supporting a person of 75 pounds, firmly locked
in place, and, regardless of covering, all wading pools must be drained prior
to sunset each day.
E.
Filtering equipment. All permanent and portable swimming
pools shall be so constructed, installed and maintained as to provide the
necessary equipment for the chlorination and other disinfection and filtering
of water to comply with approved bacteriological standards as may be promulgated
by regulations issued by the Board of Health of the Borough and the New Jersey
State Department of Health.
[Amended 5-18-1982 by Ord. No. 82-2]
The Zoning Officer or the governing body may, at his or its discretion,
upon considering all the safety factors involved, determine a permanent pool
to be in substantial compliance with applicable requirements and issue the
permit where the requirements have not been technically complied with but
where the purposes and intent of this chapter have been fulfilled.
