[HISTORY: Adopted by the Board of Health of the Borough of Carteret:
Art. I, 6-9-1978 as Art. XX of the 1978 Revised Ordinances; Art. II, 6-9-1978
as Art. IV of the 1978 Revised Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Swimming pools (Borough Council) — See Ch. 229.
[Adopted 6-9-1978 as Art.
XX of the 1978 Revised Ordinances]
A code regulating and controlling the location and construction, alteration
and operation of swimming pools and the issuance of permits to locate and
construct, alter or operate swimming pools, declaring and defining certain
swimming pools as nuisances and fixing penalties for violations is hereby
adopted pursuant to P.L. 1950, c. 188 (N.J.S.A. 26:3-69.1 to 3-69.6). A copy
of said code is annexed hereto and made a part hereof without inclusion of
the text thereof herein.
The code established and adopted by this Article is described and commonly
known as the "Swimming Pool Code of New Jersey — 1970."
Three (3) copies of said Swimming Pool Code of New Jersey — 1970
have been placed on file in the office of the Secretary of this Board of Health
upon the introduction of this Article and will remain on file in said office
for use and examination by the public.
No person shall locate and construct, alter or operate a swimming pool
until a permit therefor shall have been issued by this Board of Health.
The following fees and charges are herewith established:
A.
For the issuance of a permit to locate and construct
a swimming pool: two hundred fifty dollars ($250.).
B.
For the issuance of a permit to alter a swimming pool:
one hundred fifty dollars ($150.).
C.
For the issuance or renewal of a permit to operate a
swimming pool: one hundred dollars ($100.).
Permits issued for the operation of a swimming pool shall expire annually
on December 31 of each year, and application for renewal thereof shall be
submitted, together with the required fee, prior to December 31 of each year.
A.
Permits required by this Article or code may be denied
or suspended by this Board of Health for failure to comply with this Article
or code.
B.
This Board of Health shall afford the person whose permit
to locate and construct, alter or operate has been denied or suspended an
opportunity to be heard in public hearing and, following this, to be informed
of the Board's decision as provided by Section 2 of the code.
A.
Any person or persons, firm or corporation violating
any of the provisions of this Article or the Swimming Pool Code of New Jersey — 1970
made a part hereof shall, upon conviction thereof, pay a penalty of not less
than five dollars ($5.) nor more than five hundred dollars ($500.) for each
violation.
B.
Each day a particular violation continues shall constitute
a separate offense.
[Adopted 6-9-1978 as Art.
IV of the 1978 Revised Ordinances]
As used in this Article, the following terms shall have the meanings
indicated:
A permanent barrier or obstruction not less than three (3) feet nor
more than five (5) feet in height. It shall be constructed so as to entirely
enclose the area in which the swimming pool is located and to bar all reasonable
and normal access to the swimming pool except through a substantial self-closing
gate or gates of the same height as the "fence," equipped with facilities
for locking the gate or gates when the pool is unattended or unguarded.
An enclosure for a body of water, artificially constructed in whole
or in part, established or maintained upon the exterior premises, which is
capable of being easily moved and is designed for flexibility of location.
Pools requiring excavations or direct plumbing shall be deemed "permanent
pools."
All other swimming pools.
No person shall construct, maintain or use or cause or permit to be
constructed, maintained or used a swimming pool on any lot or lots in the
borough unless there is also constructed and maintained a fence enclosing
the area in which the swimming pool is located.
The provisions of this Article shall apply to swimming pools now existing
and to swimming pools hereafter constructed.
The gate or gates in the fence shall be kept closed at all times, except
when being used for ingress or egress, and shall be kept locked at all times
when the swimming pool is unattended or unguarded.
A.
Permanent. Permanent swimming pools shall require a fence
of a minimum height of four (4) feet.
B.
Nonpermanent.
(1)
Nonpermanent swimming pools shall require a fence of
a minimum height of three (3) feet or the following:
(a)
If the sides of the nonpermanent pool extend three (3)
feet or more from the surface of the ground around it, the ladder, platform
or other means of entrance shall be detached and stored in a safe place at
least ten (10) feet from the pool when it is unattended.
(b)
If a nonpermanent pool extends less than three (3) feet
from the surface of the ground, it shall be emptied or securely covered and
its ladder or platform shall be removed when it is unattended.
