[HISTORY: Adopted by the Mayor and Council
of the Borough of Wharton (Ch. XII of the Revised General Ordinances);
amended in its entirety 9-13-2010 by Ord. No. 0-11-10. Subsequent amendments
noted where applicable.]
A.
A code to regulate the construction, use and maintenance of private
swimming pools, for reasons of health and safety, in the Borough is
hereby established.
B.
On or after May 9, 1972, no private swimming pool shall be constructed,
altered, used or maintained within the Borough except as herein provided.
As used in this chapter, the following words shall have the
meanings indicated:
Any structure intended for swimming or recreational bathing
that contains water over 24 inches deep. This includes in-ground,
above ground, and on- ground swimming pools and hot tubs or spas.
A.
Location.
(1)
No private swimming pool shall be constructed on any lot unless:
(2)
No swimming pools shall be located in the front of any residential
dwelling.
B.
Construction. The following shall apply:
(1)
The manufacturer's instructions should be followed in the construction
and maintenance of all pools, providing they do not conflict with
any applicable Borough ordinances.
(2)
There shall be no connection between a drinkable water supply system
below the maximum waterline or to a recirculating or heating system
of any pool.
(3)
All filtering systems shall have sufficient capacity to filter the
entire pool water contents within 12 hours or less.
(4)
No private pool drain shall be connected into the sanitary sewer
system.
(5)
Pool water may not be discharged over any area that shall cause a
nuisance to any other property, either public or private.
A.
In-ground swimming pools shall be completely and continuously surrounded
by a permanent durable wall, fence or barrier not less than four feet
in height above grade, and shall be so constructed as to have no opening
mesh, hole or gap larger than two inches in any dimension, provided
that, if a picket fence is erected or maintained, the horizontal dimension
of any gap or opening shall not exceed 2 1/2 inches. A dwelling
house or accessory building may be used as part of such enclosure.
All gates used in conjunction with any of the above-described enclosures
shall conform to the specifications required above as to height and
dimensions of openings, mesh, holes or gaps in the case of fences.
Gates and doors shall be locked when the pool is not in use or is
unguarded or unattended.
B.
On-ground or aboveground swimming pools shall be enclosed by a durable
wall, barrier or fence as described in the preceding subsection.
A.
All in- ground swimming pools shall be properly equipped with the
necessary filtering devices and disinfection so that the water of
these pools shall be so maintained as to comply with the physical,
chemical and bacteriological standards of the American Public Health
Association and the New Jersey State Department of Health.
B.
A swimming pool test kit, for the control of acid-alkaline (pH) and
pool sterilization, shall be required and shall be used as often as
is necessary to comply with the preceding subsection.
A.
Electrical equipment. The following shall apply:
(1)
No overhead live electrical wires shall cross any swimming pool.
(2)
Lights used to illuminate any swimming pool shall be so arranged
and shaded as to reflect light away from the adjoining premises. No
unshielded lights shall be permitted.
(3)
All electrical equipment shall comply with the National Electric
Code.
B.
General regulations. The following additional rules shall apply:
(1)
Any person now owning or maintaining any in-ground swimming pool
which substantially complies with the requirements of this chapter
may be exempted from the strict requirements thereof until such time
as he may substantially alter, remove, replace or rebuild the pool.
(2)
"Substantial compliance" may be at the discretion of the Building
Inspector or Sanitary Inspector, whose determination shall be based
upon consideration of health, safety and nuisance previously described.
(3)
The provisions of this chapter shall be subject to any applicable
regulation hereafter provided by any other ordinance of the Borough.
(4)
A variance from this chapter may be obtained at the discretion of
the Board of Adjustment.
The Building Inspector and Sanitary Inspector shall have the
right to inspect all private swimming pools at all reasonable hours,
and it shall be their duty to enforce the provisions of this chapter.
Whenever any private swimming pool is in violation of this chapter or detrimental to health or safety as indicated, its permit will be suspended for a period of 48 hours. At the time of suspension, the owner, agent or other individual in control of use of the pool is to receive, in writing, a list of the violations cited by the above-mentioned Borough officials. If the violations are not abated within 48 hours from receipt of the written list, the permit to operate the pool shall be withdrawn, and the owner shall be punishable as provided in Chapter 1, General Provisions, Article I, General Penalty.
