[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:
- PERMANENT SWIMMING POOL
- 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.
- PORTABLE SWIMMING POOL
- 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]
- WADING POOL
- 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]
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]
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.
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.
Portable pools. Portable pools shall be considered to be in compliance with Subsection B above if the following conditions are met:
The sidewall of the swimming pool is no less than three feet at any point along its perimeter.
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.
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.
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.