Borough of South River, NJ Chapter 300 Swimming Pools, Private

[HISTORY: Adopted by the Mayor and Council of the Borough of South River 4-5-1965 (Ch. 172 of the 1977 Code). Amendments noted where applicable.]

GENERAL REFERENCES

General penalty — See Ch. 1, Art. I.

Fees — See Ch. 155.

Sewer use charges — See Ch. 275, Art. II.

Water restrictions — See Ch. 333.

Zoning — See Ch. 350.

Public swimming pools — See Ch. 385.

§ 300-1 Definitions.

For the purpose of this chapter, the words and phrases listed below shall be defined as follows:

PARTLY NATURAL POOL

Any pool formed from a natural body of water of such an inadequate flow that the quantity or quality of the water must be maintained by artificial means and which has a water surface area in excess of 100 square feet or is capable of being filled to a water depth in excess of 15 inches and is designed and maintained for swimming purposes and used as an accessory use to a residence by the persons living therein and their guests.

PRIVATE SWIMMING POOL

Any pool designed and maintained for swimming purposes and used as an accessory use to a residence by the persons living therein and their guests. Unless otherwise qualified, the term "private swimming pool" shall be construed as including both artificial and partly natural pools that have a water surface area in excess of 100 square feet or are capable of being filled to a water depth in excess of 15 inches.

§ 300-2 Existing pools.

The application of the provisions herein to a permanently installed swimming or bathing pool constructed prior to the passage of this chapter shall be as follows:

A. Such pools shall not be subject to the requirements under § 300-7 hereof, pertaining to distances of pools from boundary lines, etc., unless an enlargement of the facilities is sought.

B. Such pools shall be exempt from the requirements under § 300-6, pertaining to permits and fees, unless an enlargement of the facilities is sought.

C. Such pools, however, shall be subject to all the provisions and regulations relating to safety and sanitation, including the provisions contained in Chapter 385, Swimming Pools, Public, of the Code of the Borough of South River, and also subject to the right of appeal provided in § 300-11 herein.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

D. All owners of such pools shall, within 60 days from the enactment of this chapter, register such pool with the Board of Health.

§ 300-3 Compliance required.

It shall be unlawful for any person to construct, install or maintain a swimming or bathing pool in the Borough of South River without having first complied with the provisions of this chapter.

§ 300-4 Permit required; application.

No person shall construct any permanent or stationary-type swimming or bathing pool without first having obtained a permit therefor. Application for a permit required by this section shall be made in duplicate to the Construction Official, accompanied by the following:

A. Plans and specifications for the proposed swimming or bathing pool, showing and covering all auxiliary structures and appurtenances related thereto.

B. A plot plan showing the property lines of the land upon which the proposed swimming or bathing pool is to be constructed, installed or located, showing all existing houses and structures thereon, showing the specific location and dimensions of the proposed pool and auxiliary structures, showing the distance of the pool from the buildings thereon and showing the distances of the pool from the property lines and the existing street. Said distances shall not be less than the minimum provided in § 300-7 of this chapter.

C. A clear description of the fence or other enclosure proposed to surround the swimming or bathing pool, the type of material to be used, the height thereof and the number of gates or doors. Said fence or other enclosure shall conform to the minimum standards provided in § 300-10 of this chapter.

D. A statement of the method proposed to dispose of the wastewater from the swimming or bathing pool. The means of disposal proposed shall be subject to the provisions of § 300-9 of this chapter and to the approval of the Board of Health.

E. The application fee for a permit issued hereunder in the amount provided in § 300-6.

§ 300-5 Processing of application.

A. Upon the filing of a properly executed application for a permit hereunder, the Construction Official shall forthwith file the duplicate application and accompanying plans and specifications with the Board of Health for its recommendations and approval, which shall be forthcoming within 30 days.

B. The Construction Official shall, within one week after receiving the approval or recommendation of the Board of Health, act upon the same in the manner as follows:

(1) Approve the application as submitted and cause the permit to be issued; or

(2) Require the submission of an amended application to correct, modify and furnish additional information to assure that the application is in full compliance with the provisions of this chapter; or

(3) Reject the application when it is determined that a permit should not be issued. In case of such rejection, an appeal therefor shall be available to the applicant in the manner provided by § 300-11 of this chapter.

§ 300-6 Permit fee.

[Amended 4-22-1992 by Ord. No. 1992-13]

At the time an application is made for a swimming pool permit, a fee shall be paid as provided in Chapter 155, Fees. For the purpose of determining estimated cost, the applicant shall submit to the Construction Official, if available, cost data produced by the contractor or applicant. The Construction Official will make the final decision regarding the estimated cost.

§ 300-7 Location of pools.

[Amended 9-5-1967]

No private swimming pool shall be constructed or installed nearer than eight feet from any property line. No private swimming pool shall be constructed on any plot or lot unless there is a residence thereon, and no property shall be subdivided if the result will be that the said pool will be separated in ownership from the residence property to which it was originally attached.

§ 300-8 General construction requirements.

All material used in the construction of a swimming or bathing pool licensed hereunder shall be of durable quality and waterproof and so designed as to facilitate its emptying and cleaning. The bottom and sides of the pool shall be either white or a light color, except that aluminum paint shall not be used as a finish. Pool sides and bottom shall be smooth and free from cracks and open joints. Inlets and outlets shall be so located and spaced as to secure satisfactory dispersion of inflowing waters throughout the pool and to permit the draining, cleaning and disinfecting of the bottom and sides of said pool. Sand or earth bottoms shall not be used.

§ 300-9 Sanitary regulations.

A. In general.

(1) In addition to the provisions of this chapter, the construction, installation, maintenance and operation of any private swimming pool shall be subject to any existing regulations and those that may hereafter be provided.

(2) The water in every private swimming pool shall be so maintained at all times when in use as to comply with the physical, chemical and bacteriological standards established by the Board of Health of the Borough of South River.

(3) Physical connections between the potable water systems and the circulating systems of swimming pools shall not be permitted. Potable water for makeup and filling purposes shall be introduced into the pool by means of a discharge pipe turned downwards either over a fluid-controlled surge tank or over the pool itself, having in either case an air gap of at least four inches between the orifice of the discharge pipe and the pool or tank overflow level. Filling of a pool shall take place pursuant to rules and regulations now or hereafter established by the Department of Public Works.

B. Discharge system.

(1) Provision shall be made for drainage of the pool and for back wastewater disposal. No nuisance shall be created by virtue of the disposal of wastewater from any pool.

(2) Permission for the use of storm sewers may be obtained from the Borough Engineer upon written application and approval. No recurring charge will be required if connection is approved and made to a storm sewer.

(3) Permission for the use of sanitary sewers may be obtained from the Department of Public Works upon written application and approval, provided the applicant agrees to regulations established by the said Department. If connection to a sanitary sewer is approved and made, an annual fee in accordance with rates established by the said Department must be paid by the pool owner.

(4) In no case shall the size of the discharge pipe connecting to a storm or sanitary sewer exceed three inches.

§ 300-10 Safety regulations.

A. Every swimming pool or bathing pool shall, within 60 days from the enactment of this chapter, be completely surrounded by a fence or wall meeting the requirements of the Swimming Pool Safety Devices section of the New Jersey State Uniform Construction Code.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. Said fence or wall enclosure shall be so designed and constructed as to reasonably prevent any person from gaining access beneath, through or over the same and shall be provided with one or more substantial gates or doors of the same height as the fence or wall enclosure.

C. Every gate or door through such enclosure shall be equipped with a self-closing and self-latching device capable of keeping such gate or door securely closed. Such device shall be capable of being opened from the inside without a key.

D. It shall be deemed that there is sufficient compliance with this section when the owner's entire property is completely enclosed by a fence and gate of the type above-mentioned.

E. All portable pools, unless enclosed by a fence or barrier of the type and dimensions hereinabove specified, shall either be emptied when not in use or unattended or be covered with a suitably strong protective cover securely fastened or locked in place when not in use or unattended. The walls of said portable pool shall not be considered as constituting an acceptable fence or barrier.

F. Any access ladder or steps used in connection with an above-surface type of swimming or bathing pool or portable pool shall be removed from the pool when the same is not in use.

G. Lights used to illuminate any swimming pool or bathing pool shall be so arranged and shaded as to reflect light away from adjoining premises.

H. Electrical fixtures, wiring and installation thereof used in connection with the swimming pool shall conform to the standards of the National Board of Fire Underwriters for electrical wiring and apparatus.

§ 300-11 Appeals and variances.

Any person denied the issuance of a permit as required under § 300-5 hereof shall have the right to appeal to the Mayor and Council for a hearing to review his application. After the hearing, the Council may, by resolution, grant a variance from the terms of this chapter in specific cases, provided the variance will be consistent with public safety and the general provisions and intent of this chapter. However, when any question of sanitation is involved, such variance may be allowed only if the same is also recommended by resolution of the Board of Health and after it has been determined and declared that such variance will not be harmful to public health.

§ 300-12 Inspections; fees.

[Amended 7-5-1966]

A. All swimming and bathing pools shall be subject to inspection at any time by the Health Officer of the Borough of South River or by the members of the Police Department of said Borough.

B. There shall be an annual inspection of all swimming and bathing pools in the Borough of South River, for which inspection there shall be an annual inspection fee of as provided in Chapter 155, Fees.

C. The annual inspection fee shall be paid to the Borough of South River and shall be due by May 15 of each year. The said fee shall be payable at the office of the Borough Clerk.

D. The annual inspection shall be made by a special police officer, who shall be paid at the rate provided in Chapter 155, Fees, and shall be paid from a fund consisting of the inspection fees collected.

§ 300-13 Violations and penalties.

[Amended 2-9-1977 by Ord. No. 1977-6]

Any person or persons violating any of the provisions of this chapter shall, upon conviction thereof, be subject to the penalties provided in Chapter 1, Article I, General Penalty. Every day that such violation continues shall be deemed to be a separate offense.