[HISTORY: Adopted by the Mayor and Council of the Borough of Kinnelon 10-20-1966
by Ord. No. 14-66 (Ch. 78 of the 1972 Code). Amendments noted
where applicable.]
GENERAL REFERENCES
Board of Health — See Ch. 38.
Land use procedures — See Ch. 47.
Uniform construction codes — See Ch. 105.
Sewer connections — See Ch. 163.
Subdivision of land and site plans — See Ch. 176.
Zoning — See Ch. 207.
Individual sewage disposal systems — See Ch. 237.
Individual and semipublic water supply systems — See Ch. 246.
The purpose of this chapter shall be to provide rules, regulations and
standards for the construction and maintenance of swimming pools in the Borough
of Kinnelon in order to promote the public health, safety, convenience and
general welfare of the Borough.
[Amended 5-1-1972 by Ord. No. 9-72]
The provisions of this chapter shall be administered by the Board of
Health, the Building Inspector and the Zoning Board of Adjustment.
The words, terms or phrases listed below, for the purpose of this chapter,
shall be defined and interpreted as follows:
Any above-surface type of swimming pool constructed of canvas, rubber,
plastic or other material, not designed or intended to be stationary or permanently
fixed but designed and intended to be removed and stored.
Any private pool, whether permanently constructed or of the portable
type, having a depth of more than 18 inches below the level of the surrounding
land, or any above-surface pool having a depth of more than 18 inches, and
in each case a surface area exceeding 100 square feet, designed, used and
maintained for swimming or bathing purposes by an individual for use by members
of his household and guests and located on the same lot as the residential
structure to which it is accessory, including all buildings, structures, equipment
and appurtenances thereto.
Any shallow pool not included under the definition of "private swimming
pool."
A.
It shall be unlawful to establish, construct or alter
a private swimming pool without first obtaining a permit therefor in the manner
hereinafter prescribed, which construction or alteration shall conform with
the requirements of this chapter.
B.
Application for a permit to construct a private swimming
pool shall be made in writing to the Building Inspector and be subject to
the approval of both the Building Inspector and the Board of Health. The application
shall be accompanied by three sets of plans drawn to an acceptable scale and
three sets of specifications which shall meet all the requirements of this
chapter, the Zoning Ordinance[1] and the Building[2] and Plumbing Codes. The plans and specifications shall include
the following:
(1)
Dimensions of the pool with side and top elevations.
(2)
A plot showing:
(a)
The property lines of the lot upon which the proposed
pool is to be constructed.
(b)
All existing houses and structures, cesspools, septic
tanks or subsurface sewerage disposal systems and wells.
(c)
Dimensions showing the distance of the pool from property
lines and all structures on the lot.
(d)
The street or streets abutting the property.
(3)
A description of the method of disinfection, treatment,
filtering and disposal of pool water.
(4)
Provisions for an additional filter to adequately filter
the backwash and water returned to the pool or a subsurface disposal system
for filter backwash.
(5)
Height and type of fence, walls or enclosure as herein
required.
[Added 12-21-1967 by Ord.
No. 8-67]
C.
All applications for permits to locate, construct or
alter a swimming pool shall be accompanied by a fee of $25. This fee is applicable
to permanent-type pools only or any pool requiring excavation to construct,
and is exclusive of the fees prescribed under the provisions for sewage disposal
systems.[3]
[Amended 5-1-1972 by Ord. No. 9-72]
A.
Location. Private residential swimming and wading pools
shall not be constructed or installed in the front yard of any premises. In
the case of corner lots, these requirements shall also apply to both yard
areas fronting a public right-of-way.
B.
Setback requirements. Private residential swimming pools
of permanent construction and all structures and appurtenances thereto shall
be set back from side and/or rear lot lines according to the following schedule:
[Amended 9-15-2005 by Ord. No. 24-05]
|
Width of Lot
(feet)
|
Setback Required
(feet)
| |
|---|---|---|
|
50 to 75
|
10
| |
|
75 to 100
|
15
| |
|
100 and over
|
25
|
A.
All materials used in the construction of swimming pools
shall be waterproof and so designated and constructed as to facilitate emptying
and cleaning, and shall be maintained and operated in such a manner as to
be clean and sanitary at all times. The bottom and sides of the pool shall
be light in color. No type of paint considered injurious to health shall be
used, nor shall sand or dirt bottoms be permitted.
B.
The minimum requirements for private pools with diving
boards are as follows:
|
Maximum Distance of Diving Board Above Water
| ||||
|---|---|---|---|---|
|
18"*
|
30"
|
39.37"**
| ||
|
Minimum depth of pool within 10 feet of tip of diving board (feet)
|
8
|
8
|
8 1/2
| |
|
Minimum distance from diving wall to deepest point of pool (feet)
|
10
|
11
|
12
| |
|
Minimum overhang of diving board (feet)
|
2 1/2
|
2 1/2
|
3
| |
|
Minimum width from side of pool to center of board (feet)
|
7
|
7 1/2
|
8
| |
|
The overhead clearance above the diving board to any obstruction such
as trees, wires or a ceiling should be such that a diver cannot strike such
obstruction at any point of a dive.
* For each one-inch decrease in diving board height below 18 inches,
the required minimum depth may be decreased one inch.
** A one-meter diving board.
|
C.
One or more means of egress in the form of steps, ladders
or step holes shall be provided for all permanent private residential swimming
and wading pools. Treads of steps, ladders or step holes shall be constructed
of a nonslip material and shall have a tread of at least six inches for their
full length. All convex, semicircular or triangular steps shall be rounded
at all corners and joints.
D.
Unobstructed walk areas not less than three feet wide
shall extend entirely around all permanent private residential swimming pools
as measured from the edge of the water. Where a diving board is installed,
the walk area shall extend three feet beyond the rear edge of said diving
board for a width not less than three feet from either side of the board.
Said walk area shall be constructed of impervious materials, the surfaces
of which shall be smooth, easily cleaned and of nonslip construction. The
slope of the walks shall have a pitch of at least 1/4 inch to the foot, designed
so as to prevent back drainage from entering the pool.
A.
All swimming pools shall be so constructed, installed
and maintained as to provide equipment necessary for the chlorination or other
disinfection, filtration and recirculation of the pool water to comply with
approved bacteriological standards equal to 0.5 part per million chlorine
residual or as may be promulgated by the sanitation regulations issued by
the Health Office of the Borough of Kinnelon and the Board of Health of the
State of New Jersey, and shall provide for the proper disposal of backwash
solids and pool water. A testing kit for the testing of water shall be maintained
at all times by the owner and/or operator of the pool.
B.
There shall be no physical connection which will permit
pool water to enter the potable water supply line.
A.
Electrical wiring used in conjunction with all private
residential swimming pools shall conform to the National Electrical Code standards.
B.
No overhead current-carrying electrical conductors shall
cross swimming pools or be located within 10 feet of such pools.
C.
All metal fences, enclosures or railings near or adjacent
to swimming pools shall be effectively grounded.
D.
Lights used to illuminate any swimming pool shall be
so arranged and shaded as to reflect light away from adjoining premises.
A.
Abandoned pools and unused private residential swimming
pools situated on premises which are not occupied or dwelt in for a period
exceeding 60 days shall be drained or equipped with a swimming pool cover.
B.
Contractors shall have the responsibility of properly
protecting excavation sites so that no undue hazard is created by periods
of rainfall or work stoppage.
C.
Swimming pools constructed prior to the enactment of this chapter shall not be subject to the locational requirements established in § 178-5 of this chapter, unless an enlargement is sought.
D.
Such pools shall be subject to the provisions and regulations
relating to safety and sanitation; these requirements should be, where deficient,
provided within 60 days after the passage of this chapter.
[Added 12-21-1967 by Ord.
No. 8-67]
A.
All private swimming pools hereafter constructed or installed
shall be completely enclosed, before filling, by a permanent fence or wall
enclosure of durable material not less than four feet in height, so constructed
as not to have openings, meshed holes or gaps larger than four inches in any
dimension, and which should reasonably prevent any person from gaining access
beneath any part of the fence. If a picket fence is erected or maintained,
the spacing between pickets shall not exceed four inches. A dwelling or accessory
building may be used as part of such enclosure. All fence openings or points
of entry into the pool area enclosure shall be equipped with gates. All gates
shall be equipped with self-closing and self-latching devices placed at the
top of the gate and made inaccessible to small children. In the event that
the fence is over the minimum four feet requirement, it shall be no higher
than six feet, which is the maximum height permitted by the current zoning
requirements.[1]
[Amended 5-1-1972 by Ord. No. 9-72]
B.
All private swimming pools of the portable type hereafter
constructed or installed shall have the entire surface area closed over by
a cover when not in use or shall comply with the fencing requirement. Such
cover shall be constructed of a material of sufficient strength to support
100 pounds at any one point. All covers shall be constructed so as to reasonably
prevent access to the pool by any person other than the owner, members of
his household and guests.
C.
Any access ladder or steps used with any permanent or
portable above-surface swimming pool, whether permanent or portable, shall
be removed from the pool when not in use.
A.
Every private swimming pool constructed, installed, established
or maintained in the Borough shall at all times comply with the requirements
of the local Board of Health. Any nuisance or hazard to health which may develop
in or in consequence of or in connection with any such private swimming pool,
wading pool or portable pool shall be forthwith abated and removed by the
owner, lessee or occupant of the premises on which the said pool is located
upon receipt of notice from the Health Officer of the Borough.
B.
It shall be the duty of the Building Inspector and Health
Officer to enforce the provisions of this chapter. They shall order in writing
the remedying of any condition found to exist which violates any of the provisions
of this chapter.
C.
The owner or operator of any pool within the Borough
shall allow the said Building Inspector and the Health Officer or other authorized
official access to any private swimming pool, wading pool or portable pool,
and appurtenances thereto, for the purposes of inspection to ascertain compliance
with this chapter and all other pertinent Borough ordinances at all reasonable
times.
D.
Whenever any private swimming pool, by reason of mechanical
defects or improper operation and care, is, in the opinion of the Health Officer,
polluted and detrimental to health, such pool may be summarily closed.
This chapter shall apply to all new and existing private pools, except
where otherwise indicated herein, and shall take effect as provided by law.
[Amended 5-1-1972 by Ord.
No. 9-72; 7-21-1988 by Ord.
No. 12-88; 6-21-1990 by Ord.
No. 4-90]
The owner or agent of a building or premises wherein any swimming pool
installation is located where a violation of any provision of this chapter
shall have been committed or shall exist, together with the agent, architect,
builder, contractor or any other person who shall commit, take part or assist
in any such violation, or who shall maintain any swimming pool in which any
violation of the provisions of this chapter shall exist, shall for each and
every violation be subject, upon conviction, to one or more of the following
at the discretion of the court: a fine not to exceed $1,000 or imprisonment
in the county jail for a term not to exceed 90 days or community service not
to exceed 90 days. Each day that a violation is permitted to exist shall constitute
a separate offense.
