[HISTORY: Adopted by the Mayor and Council of the Borough of Maywood 11-21-1972.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Municipal Pool Commission — See Ch. 61.
Uniform construction codes — See Ch. 148.
Electrical standards — See Ch. 165.
Fees — See Ch. 169.
Land use — See Ch. 209.
Noise — See Ch. 226.
Swimming pools — See Ch. 410.
Water — See Ch. 415.
[1]
Editor's Note: The provisions of this chapter are derived from Ch. 23 of the former Revised Ordinances, adopted 11-21-1972 by Ord. No. 659.
[Amended 4-25-2001 by Ord. No. 11-01]
As used in this chapter, the following terms shall have the meanings indicated in accordance with the BOCA National Building Code, 1996, Section 421.0.
GENERAL
Swimming and bathing pools shall conform to the requirements of this section, provided that these regulations shall not be applicable to any such pool less than 24 inches deep and having a surface area less than 250 square feet except where such pools are permanently equipped with a water recirculating system or involve structural materials.
PRIVATE SWIMMING POOL
Any structure that contains water over 24 inches in depth and which is used, or intended to be used, for swimming or recreational bathing in connection with an occupancy in Use Group R-3 and which is available only to the family and guests of the householder. This includes in-ground and on-ground swimming pools, hot tubs and spas.
[Amended 4-25-2001 by Ord. No. 11-01]
Permanently installed private swimming pools constructed prior to the passage of this chapter shall be exempt from the following provisions of this chapter unless enlargement of facilities is sought:
A. 
Section 291-4, pertaining to applications, permits and fees for new construction.
B. 
Section 291-9, pertaining to location of pools.
A. 
No person shall construct or enlarge a private swimming pool within the Borough without first having obtained a permit from the Department of Code Enforcement.
[Amended 4-25-2001 by Ord. No. 11-01]
B. 
All applications for permits shall be filed in accordance with the rules and regulations set forth in the Uniform Construction Code, Section 5:23-2.14, including but not limited to:
[Amended 4-25-2001 by Ord. No. 11-01]
(1) 
Plans and specifications for the proposed swimming pool showing piping arrangements, pumps and all auxiliary structures and appurtenances related thereto.
(2) 
A plot plan drawn to scale showing the entire lot upon which the proposed pool is to be constructed and indicating thereon the exact size, shape and location of said pool and the distance therefrom to the property lines and to all structures on said lot and showing thereon the location of the enclosure or fence called for in § 291-12 herein.
C. 
In addition to such other information as may be required by the Building Subcode Official, said application shall include the following:
[Amended 4-25-2001 by Ord. No. 11-01]
(1) 
A clear description of the enclosure or fence required in § 291-12 herein, describing the type of material to be used, the height thereof and the number of gates or doors.
(2) 
All information pertaining to the method proposed to dispose of the wastewater from the swimming pool and means of emptying the pool.
(3) 
Details and specifications for water treatment units.
D. 
All applications for permits shall be accompanied by a fee as set forth in Chapter 169, Fees, to defray the cost of processing the application and inspecting the site before and after issuance of the permit.
[Amended 12-29-1987 by Ord. No. 15-87]
E. 
Upon the filing of a properly executed application, the Building Inspector shall forthwith file the duplicate application and accompanying information with the Board of Health.
F. 
Within 30 days after receipt of a properly executed application, the Building Inspector shall issue a permit for the construction of such pool if the same complies with the provisions of this chapter the requirements of the Sanitary Code of the Borough, the Building Code, the Zoning Ordinance[1] and other pertinent ordinances and regulations of the Borough.
[1]
Editor's Note: See Part III, Board of Health Legislation: Ch. 148, Construction Codes, Uniform: and Ch. 209, Land Use, Part 2, Zoning respectively.
G. 
The permit issued and the fee paid hereunder shall be in addition to any permits and fees which may be required by the Board of Health to regulate the operation of swimming pools in a sanitary manner.
[1]
Editor's Note: Former § 291-5, Portable swimming pools; permits; fees, as amended 12-29-1987 by Ord. No. 15-87, was repealed 4-25-2001 by Ord. No. 11-01.
All private swimming pools shall be constructed and installed in such manner as to be waterproof and susceptible of being readily cleaned. Sand or earth bottoms shall not be permitted. The bottom and sides of the pool shall be either white or a light color, but no aluminum paint may be used as a finish.
A. 
In addition to the provisions of this chapter, the construction, installation, maintenance and operation of any private swimming pool shall be subject to any regulations now or hereafter provided in the Sanitary Code of the Borough.[1]
[1]
Editor's Note: See Part III, Board of Health Legislation.
B. 
The water in every private swimming pool shall be so maintained at all times as to comply with the physical, chemical and bacteriological standards established by the Board of Health of the Borough.
C. 
Physical connections between potable water systems and swimming pool circulation systems shall not be permitted. Potable water for makeup and filling purposes shall be introduced into the pool by means of a discharge pipe turned downward either over a float-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.
D. 
Commencing on October 1 of each calendar year and through April 1 of the following calendar year, each private outdoor swimming pool shall be covered by such materials and in such a manner as to prevent the accumulation of leaves or other debris within such swimming pool. In addition, pool owners shall be obliged to remove any leaves or debris which shall have accumulated within the pool prior to the placement of a cover in conformity herewith.
[Added 12-18-1979 by Ord. No. 770]
A. 
Provision shall be made for drainage of the pool and for backwash water disposal. No nuisance shall be created by virtue of disposal of such wastewater from any pool.
B. 
Permission for the use of storm or sanitary sewers may be obtained from the Superintendent of Public Works upon written application and approval, provided that the applicant agrees to regulations established by the Department of Public Works. No recurring charge will be required if connection is approved and made to a storm sewer. If connection to a sanitary sewer is approved and made, an annual fee as set forth in Chapter 169, Fees, must be paid by the pool owner prior to May 31 of each year.
[Amended 12-29-1987 by Ord. No. 15-87]
C. 
In no case shall the size of the discharge pipe connecting to a storm or sanitary sewer exceed three inches.
A. 
All outside lights for illumination of the pool and the surrounding area shall be so installed and maintained as to eliminate glare or annoyance to adjoining properties.
B. 
No noise nuisance shall be created.
[Added 12-18-1979 by Ord. No. 770; amended 4-25-2001 by Ord. No. 11-01]
In addition to pools being constructed in such a manner as to comply with existing electrical safety codes, laws, rules and ordinances, no exposed electrical wires shall be strung or placed, either permanently or temporarily.
A. 
Every outdoor private swimming pool shall be completely enclosed by a fence of durable construction not less than four feet in height, which shall be so constructed as not to have openings, holes, slots or gaps larger than permitted pursuant to Section 421.10.1 of the 1996 BOCA National Building Code.
[Amended 4-25-2001 by Ord. No. 11-01]
B. 
Every gate or door opening through such enclosure shall be of the same height as the fence or wall enclosure and shall be equipped with a self-closing and self-latching device which shall keep such gate or door securely closed at all times. In addition, the gate shall be locked by means of a key-operated lock at all times when the pool is not in use.
C. 
It shall be deemed that there is sufficient compliance with this section when the owner's entire property or entire yard in which the pool is located is completely enclosed by a fence and gate of the type mentioned above.
The Borough Police, the Sanitary Inspector and the Building Inspector have the right to inspect pool areas and appurtenances.
[Amended 12-29-1987 by Ord. No. 15-87]
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.