[HISTORY: Adopted by the Borough of Rutherford Board of Health and
Borough of Rutherford Council as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 131.
[Adopted by the Board of Health 1-28-1963]
A code regulating and controlling the location and construction, alteration
and operation of swimming pools; the issuance of permits to locate and construct,
alter or operate swimming pools; and declaring and defining certain swimming
pools as nuisances; and fixing penalties for violations is hereby adopted,
pursuant to Chapter 188, P.L. 1950 (N.J.S.A. 26:3-69.1 to 26:3-69.6). A copy
of said code is annexed hereto and made a part hereof without inclusion of
the text thereof herein.
The said code established and adopted by this article is described and
commonly known as the "Swimming Pool Code of New Jersey (1955)."
Three copies of the said Swimming Pool Code of New Jersey (1955) have
been placed on file in the office of the Clerk of this Board of Health upon
the introduction of this article and will remain on file in said office for
the use and examination of the public.
No person shall locate and construct, alter or operate a swimming pool
until permits therefor shall have been issued by this Board of Health.
The following fees and charges are herewith established:
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 May 1 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 hereafter 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
(1955) made a part hereof shall, upon conviction thereof, pay a penalty of
not less than $2 nor more than $100 for each violation.
B.
Each day a particular violation continues shall constitute
a separate offense.
All ordinances, codes or parts of same inconsistent with any of the
provisions of this article and the code established hereunder are hereby repealed
to the extent of such inconsistency.
In the event that any section, sentence or clause of this article or
code shall be declared unconstitutional by a court of competent jurisdiction,
such declarations shall not in any manner prejudice the enforcement of the
remaining provisions.
This article and the code herein established shall take effect 30 days
after the first publication of the chapter in accordance with the provisions
of c. 188, P.L. (N.J.S.A. 26:3-69.1 to 26:3-69.6).
[Adopted by the Borough of Rutherford Council 9-17-1963]
As used in this article, the following terms shall have the meanings
indicated:
All contiguous property of the same ownership.
A private swimming pool constructed of permanent materials at or
below ground level.
Any person, association of persons or corporation.
A private swimming pool which is not a permanent private swimming
pool.
Includes any swimming or bathing pools or tanks, whether permanently
installed, portable or otherwise, constructed or placed on any lot by any
person for the use of himself, the members of his family or guests of himself
or his family.
No private swimming pool shall be constructed, installed or placed or
maintained on any lot except in the following manner:
No private swimming pool shall be constructed, installed, placed or
maintained in the front yard area of any lot as defined in the Zoning Ordinance.[1]
All buildings and structures accessory or appurtenant to a private swimming
pool shall be subject to the provisions and requirements of the Building Code
and the Zoning Ordinance and their several supplements and amendments.[1]
Every permanent private swimming pool shall be enclosed with a fence
of durable construction of not less than four feet in height or by a wall
of a building or structure. A fence of similar construction and height erected
on the lot lines which, with additional fencing of any open areas, will completely
enclose the pool area shall be deemed a sufficient enclosure for the purpose
of this section. The enclosure shall be provided with one or more substantial
gates or doors of at least the height of the fence and the said enclosure
and gates or doors thereof shall be so designed and constructed as to reasonably
prevent any person from gaining access beneath, through or over the same.
Every gate or door of such fence shall be kept securely locked at all times
when the pool is not in use.
All outside lights for illumination of a private swimming pool shall
be installed and maintained so as to eliminate glare and annoyance to adjoining
properties. All such illumination shall be extinguished at 11:00 p.m. or when
the pool is not in use.
The maintenance or use of a private swimming pool is hereby restricted
to the owners, lessees, sublessees or occupants of the dwelling on the lot
on which the pool is situated or to the members of their families and their
guests. It shall be unlawful for any such owner, lessee, sublessee or occupant
to permit or to extend the privilege of the pool to any person who is required,
as a prerequisite to such use, to become a member of any club, association
or organization, whether or not such membership is conditioned or dependent
upon the payment of any fee, dues, contribution or other consideration.
No person shall construct or alter a permanent private swimming pool
without first having obtained a permit from the Building Inspector. The application
for a permit and the fee for the same shall be in accordance with the form
and amount contained in the Building Code for the construction and alteration
of buildings.[1] Upon finding that the proposed pool or alteration of a pool complies
with the provisions of this article, the Building Code and the Zoning Ordinance,
and upon payment of the fee, the Building Inspector shall issue the permit.
If any section, subsection, sentence, clause or phrase of this article
is for any reason held to be invalid, such decision shall not affect the remaining
portions of this article.
Any person violating any of the provisions of this article shall, upon
conviction thereof, pay a fine not exceeding $200 for each offense or be imprisoned
in the county jail for a term not exceeding 90 days, or both.
This article shall take effect immediately upon publication according
to law.
