[HISTORY: Adopted by the Mayor and Council of the Borough of Lavallette.
Amendments noted where applicable.]
The words, terms or phrases listed below shall have the following meanings
for the purpose of this chapter:
Building or installing a new swimming pool or enlarging an existing
swimming pool or any of its facilities.
Any individual, firm, association or corporation.
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.
Any pool other than a portable, public or private club swimming pool,
having water depth in excess of 18 inches and an area greater than 75 square
feet, which is designed, used and maintained for swimming purposes by an individual
for use by his household and guests without fees, and is located on property
owned, leased or otherwise used and maintained by the owner of said swimming
pool; it shall further mean and include fill-and-draw, flow-through and recirculation
pools which are artificially constructed to provide recreational facilities
for swimming, bathing or wading, and all buildings, equipment and appurtenances
thereto. It shall not include natural outdoor ponds, rivers, or lakes, nor
baths used for cleansing of the body or practice of the healing arts.
Outdoor or indoor pools which are artificially constructed to provide
recreation facilities for swimming, bathing or wading which are so constructed
for general public use by a public entity or by a private organization exclusively
for the use of organization members; does not include portable, private or
wading pools as defined by this chapter.
Any artificially constructed pool intended for use by children, not
designed or used for swimming, with a maximum water depth of 18 inches.
A.
Permit required. No public, private club or private swimming
pool shall be constructed within the Borough of Lavallette unless the owner
or the person in possession of the lands on which said swimming pool is to
be constructed shall first obtain from the Construction Code Official of the
Borough of Lavallette, prior to the commencement of construction, a building
permit therefor.
B.
Plan and fee. The application for approval must be submitted
in writing to the Construction Code Official, together with a plan, and must
be accompanied by a building fee as established by the Construction Code Department
at the County of Ocean.[1]
C.
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)
The type of pool: general public, club or private.
(6)
Waste disposal facilities.
(7)
Pool water treatment facilities and capacities.
(8)
Specifications showing all detailed plans.
(9)
Fencing and safety devices as hereinafter required.
(10)
Such other details or specification which might be required
by the Construction Code Official.
D.
Issuance. The Construction Code Official, upon receipt
of a proper application and fee and after examination of the application and
inspection of the proposed location, if satisfied that all requirements under
this chapter have been satisfactorily met, shall issue a building permit for
such a pool.
No private, public or private club swimming pool shall be constructed or installed in or on the front yard of any property. “Front yard” shall mean the open, unoccupied space within and extending the full width of the lot, between the front property line and the parts of the building or structure nearest such property line. Further, no private, public or private club swimming pool shall be located in any side or rear yard setback area established under Chapter 90, Zoning, of this Code.
A.
All materials used in the construction of a swimming
pool shall be waterproof and easily cleaned.
B.
There shall be no physical connection between a potable
public or private water supply system and the pool at a point below the maximum
flow line of the pool or to a recirculating heating system of the pool unless
such physical connection is so installed and operated that no pool water can
be discharged or siphoned into the potable water supply system.
C.
Every swimming pool shall have a complete recirculating
purifying system which shall have a capacity of recirculating the pool contents
within 24 hours.
D.
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.
E.
The construction, maintenance and operation of all public
or private club pools shall be in accordance with the Swimming Pool Code of
New Jersey (1970) and all other applicable state regulations.
F.
The disposal or discharge of water from any swimming
pool shall be accomplished without causing a health hazard and/or nuisance.
G.
All private swimming pools, wading pools or portable
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 compliance
with this section.
Fencing, gates, doors and locks shall comply with the following regulations:
A.
Every swimming pool shall be completely and continuously
surrounded by a permanent durable wall, fence or barrier which shall be no
more than six feet nor less than four feet in height above lot grade, and
shall be so constructed as to have no opening, mesh, hole or gap larger than
two inches in any dimension, except for doors and gates; provided, however,
if a picket fence is erected or maintained, the horizontal dimension of any
gap or opening shall not exceed 2 1/2 inches. A dwelling house or accessory
building may be used as part of such enclosure. All gates used in conjunction
with any part of the above-described enclosures shall conform to the specifications
required above as to height and dimensions of openings, mesh, holes or gaps
in the case of fences, and all gates and doors shall be equipped with self-closing
and self-latching devices for keeping the gate or door securely closed at
all times when not in actual use. Gates and doors shall be locked when the
pool is not in use or is unguarded or unattended; provided, however, that
nothing herein contained shall be construed to require the construction of
an additional wall, fence or barrier where, in lieu thereof, the entire premises
or a part thereof wherein the pool is contained shall be fully enclosed by
a wall, fence or barrier which meets the specifications set forth herein.
B.
Every outdoor wading pool or portable pool shall be enclosed
by a durable wall, barrier or fence as described in the preceding subsection,
unless such outdoor wading pool or portable pool is:
(1)
Emptied when not in use or unattended; or
(2)
Covered with a suitable, strong, protective covering
fastened or locked in place when not in use or unattended. A cover shall be
considered to be of sufficient strength and securely fastened or locked in
place if, when fastened or locked in place, it will support a minimum dead
weight of 200 pounds.
C.
Notwithstanding anything to the contrary herein contained,
all swimming pools which are not in use for any period in excess of 48 hours
during the months of October through May shall be covered with a suitable
protective cover fastened or locked in place. Such a covering shall be capable
of supporting a minimum dead weight of 300 pounds.
D.
All portable pools must have at least one staircase or
rigid ladder to provide easy access to the pool, which shall also be capable
of being easily removed when the pool is unattended or not in use.
A.
No rubbish, debris or litter shall be permitted to remain
or accumulate in or about said pool.
B.
Lights used to illuminate a swimming pool shall be so
arranged and shaded as to reflect light away from any and all adjoining premises.
C.
Each swimming pool shall be maintained and operated so
as to not cause unreasonable noise, nuisance or annoyance to neighboring property
owners or residents.
D.
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.
E.
No swimming pool shall be used in this Borough other
than between the hours of 7:00 a.m. and 11:00 p.m.
Where literal enforcement of any provision of this chapter would cause
undue hardship to the owner of any premises, such owner may apply in writing
to the Planning Board of the Borough of Lavallette for a variance excepting
said owner from complying with the requirements of such provision. The applicant
shall give notice of the application in the manner provided for in N.J.S.A
40:55D-11 to all owners of property within 200 feet of the premises involved
in the application. The Planning Board shall hold a public hearing on the
application to afford interested parties an opportunity to express their views
thereon and may thereafter grant or deny such applications, subject to any
additional requirements which it deems necessary to preserve public health
and safety and prevent nuisances.
Any person, firm or corporation that shall be convicted of a violation
of a provision of this chapter shall, upon conviction whereof by any court
authorized by law to hear and determine the matter, be subject to a fine not
exceeding $1,000 or imprisonment for a term not exceeding 90 days, or both,
as such court in its discretion may impose. Each day that such violation exists
shall constitute a separate offense.
