Borough of Beach Haven, NJ Chapter 180 Swimming Pools

[HISTORY: Adopted by the Board of Health of the Borough of Beach Haven 7-8-2019 by Ord. No. 2019-10C.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance also repealed former Ch. 180, Swimming Pools, adopted 4-9-1984 by Ord. No. 84-11A.

§ 180-1 Definitions.

The words, terms or phrases listed below shall have the following meaning for the purpose of this chapter.

CONSTRUCTION

Building or installing a new swimming pool or enlarging an existing swimming pool or any of its facilities.

PORTABLE POOL

Any above-surface pool which is not stationary or fixed, is capable of being removed for storage and has a capacity of more than 75 square feet.

SWIMMING POOL

Any manufactured, artificially constructed, or developed structure intended for swimming, recreational bathing or wading that contains water over 12 inches deep. Includes outdoor, above or below grade level swimming pools that are installed or constructed to provide recreational facilities for swimming, bathing, or wading.

§ 180-2 Permit required; application; exception.

A. Permit. A Construction Department permit shall be required for the installation and construction of any and all permanent and temporary swimming pools.

B. Application. All applications shall be filed on the form prescribed by the Construction Department and shall include the certification of an engineer licensed in the State of New Jersey setting forth and attaching the following information and documentation.

(1) The proposed construction complies in all respects with the Code, Federal Emergency Management Agency regulations, and the National Flood Insurance Program regulations.

(2) The certification and plans shall demonstrate that the pilings to be utilized are of sufficient strength to support the swimming pool when filled with water with all sand removed from beneath the swimming pool in the event of a one-hundred-year storm flood washout, as that term is defined in the National Flood Insurance Program regulations.

(3) The engineer's certification and plans shall further demonstrate that the swimming pool is sufficiently firmly affixed to the piling and supporting members to prevent its flotation in the event of floodwaters rising around the swimming pool when it is not filled with water.

(4) The certification shall certify that the installation of the swimming pool shall not result in any increased potential for flood damage and not result in drainage impacts on adjoining properties.

(5) A survey performed by a licensed land surveyor depicting the location of all buildings, fences, and improvements on the lot on which the swimming pool is proposed. The survey shall also depict the location of all overhead wires on the property.

C. Application fee. The application shall be accompanied by an application fee as established by §§ 212-18B(1) and 74-28A.

D. Specifications. The plan submitted with each application must be drawn to scale (indicated thereon) and must contain the following:

(1) The size of the pool.

(2) The position of the pool, showing clearly and accurately its relation to property lines and building lines.

(3) The material to be used in construction.

(4) Plumbing details.

(5) Waste disposal facilities.

(6) Pool water treatment facilities and capacities.

(7) Specifications showing all detailed plans.

(8) Fencing and safety devices as hereinafter required.

(9) Such other details or specifications which might be required by the Construction Code Official.

§ 180-3 General regulations.

A. Lot coverage. All swimming pools, coping, deck, pavers, concrete, wood, and other material relating to the construction of a swimming pool shall count as "lot coverage" pursuant to § 212-27B(3)(a).

[Amended 9-14-2020 by Ord. No. 2020-15C]

B. Prohibited swimming pools. No swimming pool shall be permitted that will be located in or result in the following:

(1) If it increases the potential for flood damage to the property on which it is located or adjacent properties.

(2) Is located within any setback lines on the property as required by § 212-17E(5), with the following exception: no in-ground swimming pool located less than five feet from a principal structure on a lot or within the approved building envelope shall be permitted unless certified by a New Jersey licensed professional engineer or architect.

(3) No swimming pool shall be constructed or installed in or on the front yard of any property.

(4) Is located in such location that any overhead electrical wires cross over the swimming pool.

(5) Is located with the highest point of its coping higher than one foot above the average level of the lot measured five feet away from the highest point of the coping. If the said highest point of the coping exceeds by a height of one foot the average level of the lot measured five feet from the highest point of the coping, the swimming pool may not be constructed without the area of the swimming pool and the deck, pavers, concrete, wood, or other material and the coping being counted in lot coverage for purposes of calculating lot coverage to the Code.

(6) Is located on any roof deck, and therefore, exceeds the maximum building height as required by § 212-20E(3).

C. Dewatering. A minimum of 48 hours prior to the start of pumping for dewatering of any permanent or temporary swimming pool, notice to the Construction Department shall be required.

(1) All dewater pumping for swimming pools, including excavation and seasonal draining, shall be completed within 15 days from the start of pumping.

(2) Between May 30 and September 15 of any calendar year, no dewatering shall be permitted.

[Amended 12-9-2019 by Ord. No. 2019-37C; 2-24-2022 by Ord. No. 2022-02C]

(3) Any dewatering operation should use well points with a silt bag/filter on the outfall hose.

(4) (Reserved)[1]

[1] Editor's Note: Former Subsection C(4), which required a discharge permit, as amended, was repealed 2-24-2022 by Ord. No. 2022-02C.

(5) Any dewatering operation shall be discharged into the stormwater system as follows:

[Added 9-14-2020 by Ord. No. 2020-15C; amended 2-24-2022 by Ord. No. 2022-02C]

(a) Any pool dewatering must extend the dewatering hose to the closest storm drain in coordination with the Public Works Department.

(b) Any pool dewatering operations taking place along the bay can dewater into the bay or lagoon.

(c) During the winter months the pool installer shall be required to prevent icing of the roadway.

(d) At completion of the pool installation and removal of the dewatering, the pool installer shall be required to clean the street in areas where the water flowed along the roadway gutter.

D. No rubbish, debris or litter shall be permitted to remain or accumulate in or about said pool.

E. Lights used to illuminate a swimming pool shall be so arranged and shaded as to reflect light away from any and all adjoining premises.

F. Each swimming pool shall be maintained and operated so as to not cause unreasonable noise, nuisance or annoyance to neighboring property owners or residents.

G. An owner or person in possession of a swimming pool shall allow the representatives of the Board of Health, the Construction Code Official or any other health or municipal officer access to the premises to inspect said pool and appurtenances, to ascertain compliance or noncompliance with this chapter, at any time it may be deemed necessary by the Borough or its proper officers.

H. No swimming, wading or portable pool shall be permitted except as an accessory use to a dwelling in accordance with Chapter 212, Zoning, of this Code. Swimming, portable or wading pools are prohibited on any premises where such pool is the sole or primary use of the premises.

§ 180-4 Construction standards.

A. Any swimming pool to be constructed in any area designated on the Federal Insurance Rate Map as any V Zone shall have the bottom of its lower supporting girders meet or exceed the base flood elevation as established on such Federal Insurance Rate Map. Construction of the supporting girders and pilings shall meet the construction standards and piling requirements set forth in accordance with the applicable building code. The pilings shall be so placed and affixed at the lowest exterior level of the swimming pool bowl that, in the event all sand is washed out from under the swimming pool structure, it shall remain fully supported by the pilings and supporting girders and in the event of floodwaters rising above the bottom of the swimming pool, flotation of the swimming pool structure, even when empty, shall not occur.

B. Excavations, footings, and foundations in flood zones. Any swimming pool to be constructed in the area designated as the A and AO Zones on the Federal Insurance Rate Map shall be constructed in such manner as to be supported by pilings that comply with the requirements set forth in accordance with the applicable building code. The pilings shall be placed and affixed so that for concrete swimming pools they are located at the lowest exterior level of the swimming pool bowl and for fiberglass swimming pools in such manner as approved by the Construction Department that in the event all of the sand is washed out from under the swimming pool structure, it shall remain fully supported, and in the event of floodwaters rising above the bottom of the swimming pool, flotation of the swimming pool structure shall not occur.

§ 180-5 Connection to water supply; filling of pools from water supply prohibited.

There shall be no physical connection between a potable public or private water system and such pools and their circulating systems. All swimming pools with a volume in excess of 1,000 gallons shall not be filled by connection to or water from the Beach Haven local water system.

§ 180-6 Maintenance of pools.

A. All material used in the construction of a swimming pool shall be waterproof and easily cleaned.

B. Every swimming pool shall have a complete recirculating purifying system which shall have the capacity of recirculating the pool contents within 24 hours.

C. Physical, chemical and bacterial qualities of water shall comply at all times with the latest recommendations made by the American Public Health Association or by the New Jersey State Department of Health.

D. The disposal or discharge of water from any swimming pool shall be accomplished without causing a health hazard and/or nuisance.

E. All private swimming pools with a water depth of more than one foot shall be disinfected by the use of disinfecting agents with disinfecting qualities equal to that obtained from chlorine-bearing compounds. No water shall be used for swimming purposes which, when tested, shall show coliforms contained therein. For the purpose of this section, the use of disinfecting agents approved by the American Public Health Association or the New Jersey State Department of Health, or such disinfecting agents as shall meet the same or higher standards, shall be deemed compliant with this section.

§ 180-7 Safety regulations.

The Borough of Beach Haven shall follow the Swimming Pool and Spa Code of New Jersey (2012), as approved by the State Department of Health, be and is hereby adopted, a copy of which code is annexed hereto and made a part hereof without inclusion of the text thereof herein.

§ 180-8 Violations and penalties.

Violations of this chapter shall be punished in accordance with § 1-16 of this Code.