[HISTORY: Adopted by the Borough Council
of the Borough of Pennington 7-1-1968 by Ord. No. 228. Amendments noted where
applicable.]
For the purposes of the chapter, the words and
phrases listed below shall be defined as follows:
Any artificially constructed basin or other structure for
the holding of water for use by the possessor, his or her family or
guests, for swimming, diving and other aquatic sports and recreation.
"Permanent private swimming pool" shall not mean any plastic, canvas
or rubber pool upon the ground having a capacity of less than 500
gallons of water and temporarily erected or installed upon the ground.
Any individual, firm or corporation having an interest in
the premises which a private swimming pool or wading pool is located
as owner, tenant, occupant or the agent, servant or employee of such
owner, tenant or occupant.
Any artificially constructed basin or other structure for
the holding of water for use by the possessor, his or her family or
guests, but not designed for swimming and diving and having a capacity
of less than 500 gallons of water.
[Amended 12-6-1999 by Ord. No. 99-14]
Permanent private swimming pools constructed
prior to the passage of this chapter shall be exempt from the following
provisions of this chapter unless alteration of facilities is sought:
No private swimming pool shall hereafter be
constructed, installed or maintained without having first obtained
a permit therefor in the manner hereinafter described from the Construction
Code Official.
A.
Application for the construction and/or installation
of a private swimming pool shall be made in writing in duplicate to
the Construction Code Official, by the owner of the property upon
which such pool is to be constructed, installed or maintained or by
the contractor who will construct or install said pool. The application
shall be accompanied by a duplicate set of plans, specifications and
plot plans of the property. Such final plans, specifications and reports
shall include:
(1)
Dimensions of said pool.
(2)
Water volume.
(3)
Location of said pool with particular regard to minimum
distances to side lines of plot and other buildings on the site.
(4)
A description of the method of lighting said pool,
if any.
(5)
A description of the fencing of said pool.
(6)
Any other information deemed necessary by the Construction
Code Official.
B.
Upon compliance with all provisions of this chapter
and approval of the final plans and specifications, together with
the data contained herein and upon payment of fees hereinafter specified,
a permit will be issued for the location and construction so requested.
[Amended 12-6-1999 by Ord. No. 99-14]
All private permanent pools shall be so constructed as to comply with all applicable provisions of the Uniform Construction Codes, Chapter 215, Zoning, health regulations and other pertinent regulations, ordinances and codes of the Borough of Pennington.
[Amended 6-1-2016 by Ord.
No. 2016-6]
B.
Construction.
(1)
All materials used in the construction of private
swimming pools shall be watertight and so designed and constructed
as to facilitate the emptying and cleaning of such pools, and they
shall be so maintained and operated as to be clean and sanitary at
all times. The bottom and sides of the pool shall be so maintained
and operated as to be clean and sanitary at all times. The bottom
and sides of the pool shall be a white or light color but no aluminum
paint may be used as a finish. Sand or earth bottom shall not be permitted.
Pools shall be so constructed as to be leakproof.
(2)
Upon completion, each permanent private swimming pool
shall be considered as an accessory building on the premises on which
it is located.
(3)
No plot or premises on which a permanent private swimming
pool is located as an accessory building shall be subdivided if the
result will be that the said pool will be separated from the residence
property to which it originally attached.
(4)
Cabanas or similar structures shall not be erected
to a height in excess of one story.
A.
B.
Drainage. All private swimming pools hereafter constructed
within the Borough of Pennington shall be provided with one drainage
outlet not in excess of three inches in diameter extending from said
pool to either a brook, storm sewer or lawn sprinkling system on the
premises on which said private pool is located. The discharge of water
from such private swimming pools into a brook or storm sewer shall
be permitted only following approval by the proper state, county and
borough officials, as each case requires. No private pool drain shall
be connected into the sanitary sewer system or a brook except upon
written approval of the Engineer and Health Officer. Application for
approval shall be in writing. Approval shall not be given to discharge
such water at the curb or upon the surface of any street or on adjacent
property without the express approval of the owner of the adjacent
property.
A.
Every person who owns or is in possession of any premises
on which there is situated a swimming pool, wading pool or any outside
body of water created by artificial means (herein referred to as a
"pool") any portion of which is 12 inches deep or more shall install
and maintain on the lot or premises and completely surrounding such
pool or body of water a permanent fence of durable material at least
four feet in height which shall be so constructed as not to have openings,
mesh, holes or gaps larger than four square inches, except for doors
and gates, and if a picket fence is erected or maintained, the horizontal
opening between shall not exceed two inches.[1]
B.
All doors or gates used in conjunction with the fence
shall meet the same specifications as the fence itself and shall be
of such size as to completely fill any opening in the fence.
C.
All doors or gates shall be equipped with self-closing
and self-latching devices and shall be kept closed and securely latched
at all times when the pool is not in use.
D.
Nothing in this section shall apply to pools having
sides extending four feet or more above grade, provided that the stairs
or other means of access to the pool are removed when not in use or
are effectively closed with a gate as provided above which shall be
closed and securely latched when such pool is not in use.
E.
All other pools unless enclosed by a fence of the
type and dimensions herein above specified shall be either emptied
when not in use or unattended or covered with a suitable strong protective
covering capable of being securely fastened or locked in place when
not in use or attended.
[Amended 12-6-1999 by Ord. No. 99-14]
Any person who violates or neglects to comply
with any provision of this chapter or notice issue pursuant thereto
shall, upon conviction thereof, be liable to a fine not exceeding
$1,000, imprisonment for a term not exceeding 90 days or a period
of community service not exceeding 90 days, or any combination thereof.
Each successive day during which the violation exists shall constitute
a separate violation.
