[HISTORY: Adopted by the Common Council of the City of Burlington
by Ord. No. 8-1997 (Ch. 15.32 of the 1996 Municipal Code). Amendments noted where applicable.]
The words, terms or phrases listed below for the purpose of
this chapter shall be defined as follows, except when the context
requires a different meaning:
Building or installing a new swimming pool or enlarging an
existing swimming pool or any of its facilities.
Any private swimming pool of more than one-hundred-cubic-foot
capacity and of permanent construction, with all equipment and appurtenances
thereto, used by any person for swimming or bathing.
Any above surface type pool more than one-hundred-cubic-foot
capacity, not stationary or fixed, and capable of being removed for
storage.
A permanently constructed pool not designated or used for
swimming, with a maximum area of 100 square feet and a maximum water
depth of 12 inches.
A.
Application and application contents.
(1)
Application for a permit to construct, establish or maintain or to
alter, remodel or add to a permanent private swimming pool or permanent
wading pool shall be made to the Construction Official by the owner
of the property.
(2)
The application shall be accompanied by two sets of plot plans showing
property lines of the premises, all existing houses and structures
thereon and the location and dimensions of the proposed private swimming
pool or wading pool and its auxiliary structures and all existing
fences or walls and the height thereof, and two sets of plans and
specifications for the proposed private swimming pool or wading pool
and all auxiliary structures and appurtenances related thereto and
the location, height and aperture dimensions of the fence to be erected,
together with the self-closing gate and its locking devices.
B.
Issuance of permit. No permit for a private swimming pool or wading
pool shall be issued by the Construction Official until the plans,
specifications and plot plans have been submitted.
A.
A private swimming pool, wading pool or portable swimming pool over three feet in depth and/or two-thousand-gallon capacity shall not be constructed or installed within eight feet of any side wall or rear wall line nor shall such pool be constructed or installed in the front yard of the property. The exact location of any of the above pools shall be approved by the Construction Official in conformity with the ordinances pertaining thereto. In the case of a corner lot, a pool shall not be constructed any closer to the side street line than the prevailing setback line on that street, or the required setback line for front yards, as set forth in Chapter 207, Article VII, Zoning, of the Code of the City of Burlington.
B.
A private swimming pool or wading pool shall not be constructed or
installed on any premises unless a residence building is also located
on the premises or unless the premises are part of a residence curtilage.
A.
All materials used in the construction of private swimming pools
or wading pools shall be waterproof and designed and constructed to
facilitate emptying and cleaning. All pools shall be maintained and
operated in such manner as to be clean and sanitary at all times and
to prevent the existence or presence of any water in which mosquito
larvae may mature and grow or exist. Inlets of the treated water shall
be so located and spaced as to secure satisfactory dispersion of the
water throughout the pool and to permit draining, cleaning and disinfecting
of the bottom and sides. Sand or earth bottoms shall not be used.
B.
Any pool cover must be maintained in a way to prevent the collection
of stagnant rainwater.
Any accessory buildings that are to be constructed shall comply with that portion of Chapter 207, Article VII, Zoning, pertaining to accessory buildings, locker rooms, bath houses, cabanas, shower rooms, toilets, runways and all other physical facilities or equipment incident to the operation of any private swimming pool or wading pool and shall be kept in a sanitary condition at all times.
A.
All private swimming pools shall be enclosed by a permanent fence
of durable material at least four feet in height and shall be so constructed
as not to have openings, mesh, holes or gaps larger than four inches
in any dimension except for doors and gates, and, if a picket fence
is erected or maintained, the horizontal dimension shall not exceed
four inches. All gates used in conjunction with a fence shall meet
the same specifications as the fence itself and shall be equipped
with approved locking devices which shall be self-closing. Fences
shall be locked at all times when the private swimming pool is not
in use.
B.
All portable pools, unless enclosed by a fence of the type and dimensions
hereinabove specified, shall be either emptied or covered with a suitable,
strong protective covering securely fastened or locked in place when
not in use or unattended.
No artificial lighting shall be maintained or operated in connection
with a private swimming pool, wading pool or portable pool in such
a manner as to be a nuisance or an annoyance to neighboring properties.
Such lighting shall not shine directly upon any abutting dwellings.
No unshielded lights shall be permitted. All wiring shall be approved
by the Board of Fire Underwriters.
A.
The installation, repair and control of plumbing facilities shall
comply with the plumbing and sanitary codes of the City when connected
to City facilities.
B.
All circulating units shall have sufficient capacity to recirculate
the entire contents of the pool within 24 hours or less. Any pools
not equipped with facilities for the recirculation and reuse of the
pool water shall be subject to closure by order of the Board of Health
during any period of emergency water shortage, if connected to the
City water system.
A.
All private swimming pools, wading pools or portable pools with a
water depth of more than one foot, hereafter constructed or installed
within the City, shall be provided with equipment necessary to completely
pump out or empty the pool or a drainage outlet installed at the lowest
point of the pool. The drainage outlet shall not be larger than three
inches in diameter extending from the pool to a storm sewer, lawn
sprinkling system, adequate dry well or filtering pit on the premises
on which the pool, wading pool or portable pool is located. The discharge
of water from such pools into a storm sewer shall be permitted where
the capacity is adequate as determined by the City Engineer.
B.
No pool drain, wading pool drain or portable pool drain shall be
connected into the sanitary sewer system. Pool water may not be discharged
at the curb or upon the surface of any street. The discharge of such
waters shall in no case cause or create a nuisance to the abutting
property or to the public.
Bacteriological standards shall comply with at least the minimum
standards as set forth by the local Board of Health and the State
of New Jersey.
Every private swimming pool, wading pool or portable pool over
three feet in depth and/or two-thousand-gallon content constructed,
installed, established or maintained in the City shall be registered
by the owners with the Board of Health within 10 days after first
use or operation of the pool.
[Amended by Ord. No. 11-2000]
A.
Enforcing agent. The Construction Official and/or his designee and
the County Health Department shall enforce the provisions of this
chapter.
B.
Compliance with ordinances; abatement of nuisances. Every private
swimming pool, wading pool or portable pool constructed, installed,
established or maintained in the City shall at all times comply with
the requirements of the local Board of Health. Any nuisance or hazard
to health which may exist or develop in consequence of, or in connection
with, any such 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 pool is located, upon receipt of notice from
the Construction Official or Health Officer.
C.
Inspection. The owner or operator of any pool within the City shall
allow the Construction Official and Health Officer, or other authorized
official, access to any swimming pool, wading pool or portable pool,
and appurtenances thereto, for the purpose of inspection to ascertain
compliance with this chapter and all other pertinent City ordinances
at all reasonable times after a complaint is registered.
D.
Pool closure. Whenever any pool, by reason of mechanical defects
or failure to comply with the requirements of this chapter, is a hazard
to the health of the users thereof, the Health Officer is authorized
to summarily close such pool and keep such pool closed until no further
hazard to uses of the same exists, subject to the right of appeal
to the Board of Health by the owner of such pool. An appeal, however,
shall not stay the action of the Health Officer.
