[HISTORY: Adopted by the Municipal Council of the Borough of Hawthorne 5-7-1958 by Ord. No. 998 (Ch. 194, Art. II, of the 1989 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Board of Health — See Ch. 45, Art. V.
Uniform construction codes — See Ch. 185.
Municipal pool — See Ch. 350, Art. II.
Water — See Ch. 530.
Zoning — See Ch. 540.
[Amended 8-1-1962 by Ord. No. 1049]
A. 
The following words, when used in this chapter, shall have the following meanings:
BOROUGH
The Borough of Hawthorne.
BOROUGH CLERK
The Clerk of the Borough of Hawthorne or the Deputy Clerk of the Borough of Hawthorne.
BOROUGH ENGINEER
The Engineer of the Borough of Hawthorne or any person employed to perform engineering services for the Borough of Hawthorne.
COUNCIL
The Municipal Council of the Borough of Hawthorne.
[Amended 12-2-2009 by Ord. No. 2000-09]
PERSON
Includes a corporation, association, organization, firm and partnership, as well as an individual.
SWIMMING POOL
A private swimming pool or tank, artificially constructed, installed or maintained upon any premises, as the term swimming pool is defined by the International Residential Code, Chapter 41 and the International Building Code, Chapter 31. All private swimming pools shall be subject to the terms and conditions of those respective codes. A private swimming pool or tank, artificially constructed, installed or maintained upon any premises by any person for his own or his family's use or for the use of his guests or invitees, and shall also mean and include a wading pool or tank, artificially constructed or installed, not designed or used for swimming, with an area of more than 120 square feet and/or a water depth of more than 18 inches.
[Amended 12-2-2009 by Ord. No. 2000-09]
B. 
Whenever in this chapter any word importing the singular number or masculine gender is used in describing or referring to any person, party, matter or thing, the same shall include and apply to several persons or parties as well as to one person or party, to females as well as males and to several matters or things as well as one matter or thing.
[Amended 8-1-1962 by Ord. No. 1049; 12-20-1989 by Ord. No. 1510]
It shall be unlawful for any person to construct or install a swimming pool in the Borough without having first obtained a building permit.[1]
[1]
Editor's Note: Original § 102-16, Waterproof material, as amended 8-1-1962 by Ord. No. 1049, which immediately followed this section, was deleted 12-20-1989 by Ord. No. 1510.
[Amended 8-1-1962 by Ord. No. 1049]
The Borough, for the better preservation of its potable water supply, shall not be obligated to furnish any water for use in connection with any swimming pool, and no person shall, directly or indirectly, physically connect or permit or suffer any connection to exist between his swimming pool and the Borough's potable water supply system.
[Amended 8-1-1962 by Ord. No. 1049]
Every swimming pool hereafter constructed or installed shall be equipped with a discharge drain. Such drain shall be not over two inches in diameter and be of galvanized iron pipe or of an approved equal material, extending from said pool to either a brook or a storm sewer where capacity is adequate as determined by the Borough Engineer. Use of open fields, lawns or dry wells are acceptable, but water shall not be emptied onto adjoining land belonging to others or into the public streets. The cost and expense of making all connections and maintaining such drain between any swimming pool and the Borough's storm sewer shall be borne by the person constructing, installing or maintaining the swimming pool. No swimming pool shall be drained into the Borough's storm sewer more than twice a year, and then only after notifying the Borough and receiving a permit therefor.
[Amended 8-1-1962 by Ord. No. 1049]
There shall be maintained in connection with every swimming pool adequate equipment to properly recirculate the water in such pool and for filtering, chlorinating and disinfecting the same in accordance with approved bacteriological standards as may be promulgated by regulations issued by the Borough's Board of Health. Swimming pool water must be filtered and chemically treated, and the filtering and recirculation system must be capable of recirculating and filtering all water from the pool at least every 18 hours, and the same shall be so recirculated and filtered.
[Amended 10-20-1993 by Ord. No. 1592; 9-6-2000 by Ord. No. 1749]
No such swimming pool shall be constructed or installed nearer than 10 feet to any property line or nearer than 50 feet to the front of the property line of the lot on which the swimming pool is proposed to be located. The swimming pool also cannot be nearer than 10 feet to any structure on the property on which the swimming pool is located. All distances shall be measured from the nearest edge of the water in the pool. Decks attached to aboveground pools that are less than 20 square feet shall use the above setbacks. Decks over 20 square feet shall use the setbacks as per the location of the property in the latest Zoning Map.[1] Swimming pools that are attached to decks that are attached to homes shall abide by the setback as per the location of the property in the latest Zoning Map and have a four-foot barrier to separate the pool from the deck. All pools shall be considered in determining total lot coverage. In the event of a deviation from this section of the chapter (§ 456-6), the applicant seeking such deviation may make application to the Zoning Board of Adjustment of the Borough of Hawthorne, seeking a variance from the strict enforcement of the terms of this section pursuant to N.J.S.A. 40:55D-70c.
[1]
Editor's Note: The Zoning Map is located in a pocket at the end of this Code.
No artificial lighting shall be maintained or operated in connection with any swimming pool presently constructed or installed or hereafter to be constructed or installed in such manner as to be a nuisance or an annoyance to the neighboring properties or the occupants thereof.
[Amended 8-1-1962 by Ord. No. 1049; 9-6-2000 by Ord. No. 1749]
All fencing and enclosures shall be as per the requirements of the BOCA Code, as the same may be amended from time to time.
[Amended 8-1-1962 by Ord. No. 1049; 12-2-2009 by Ord. No. 2000-09]
Every swimming pool presently constructed or installed or hereafter constructed or installed shall be maintained at all times in such manner as never to constitute a hazard or menace to health or safety. Any hazard or menace to health or safety which may exist or develop in or in consequence of or in connection with any such swimming pool shall be forthwith abated and/or removed by the person in possession, owning or having jurisdiction over such pool, upon receipt of notice from the Municipal Council or the Borough's Board of Health. Police, Building and Health Officers shall have the right to inspect all pool areas.
[Amended 12-20-1989 by Ord. No. 1510; 6-6-2007 by Ord. No. 1902-07]
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to the payment of a fine not to exceed $2,000 or imprisonment for a term not to exceed 90 days or a requirement to perform community service for a period not to exceed 90 days.