[HISTORY: Derived from Ch. XX of the 1969 Revised General
Ordinances of the Borough of Spotswood (adopted by the Borough Council 5-11-1970 by Ord. No.
278, as amended through 9/94). Subsequent amendments
noted where applicable.]
For the purposes of this chapter, words and phrases used shall
have the meanings defined below.
Includes building or installing a new swimming pool or enlarging
an existing swimming pool or any of its facilities.
Any pool formed from a natural body of water of such an inadequate
flow that the quantity or quality of the water must be maintained
by artificial means and which is capable of being filled to a water
depth in excess of 18 inches and is designed and maintained for swimming
purposes and used as an accessory to a residence by the persons living
therein and their guests.
Any above-surface-type of swimming, bathing or wading pool
with a side depth in excess of 18 inches, not designed or intended
to be stationary or permanently fixed to the premises and capable
of being removed for storage.
Any permanently installed or portable outdoor swimming pool
with a side depth in excess of 18 inches designed and maintained for
swimming purposes and used as an accessory to a residence by the persons
living therein and their guests, without fee or charge. Unless otherwise
qualified, the term "private swimming pool" shall be construed as
including both artificial and partly natural pools capable of being
filled to a water depth in excess of 18 inches.
Includes fill and draw, flow-through and recirculation pools
outdoor or indoor which are artificially constructed to provide recreational
facilities for swimming, bathing or wading and all buildings, equipment
and appurtenances thereto.
A.
Registration. All permanently installed private swimming pools constructed
prior to August 14, 1967, shall be registered with the Building Inspector
within 60 days after August 14, 1967. Registration forms and whatever
supplementary information as may be required shall be filed in duplicate.
B.
Exemptions. Permanently installed private swimming pools constructed
prior to August 14, 1967, shall be exempt from the following provisions
of this chapter unless enlargement of facilities is sought:
A.
Permit required. 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 Building Inspector.
B.
Application. Application for the construction and/or installation
of a private swimming pool shall be made in writing in duplicate to
the Building Inspector, 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 the pool.
(2)
Water volume.
(3)
Location of 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 Building Inspector.
C.
Issuance. 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 as hereinafter specified,
a permit will be issued for the location and construction requested.
A private swimming pool is a structure and an accessory building and must be planned to comply with the provisions of Chapter 120, Land Development, applicable thereto; but no private swimming pool shall be constructed or installed nearer than five feet from any property line constructed on a lot or plot unless there is a residence thereon; and no property shall be subdivided if the result will be that the pool will be separated in ownership from the residence property to which it was originally attached.
A.
Permit required. No person shall install a portable private swimming
pool without having first obtained a permit from the Building Inspector.
B.
Information required for application. All applications for permits shall be filed in duplicate on such form or forms as may be required by the Building Inspector. In addition to such other information as may be required by the Building Inspector, the application shall include a clear description of the enclosure or fence required in § 182-7, describing the type of material to be used, the height and the number of gates or doors.
Private swimming pools shall be constructed and installed to
be waterproof and readily cleaned. Sand or earth bottoms shall not
be permitted. Bottoms and sides shall be white or a light color, but
no aluminum paint may be used as a finish.
A.
Specifications. 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 in excess of 18 inches in depth
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 and not exceeding six feet in
height which shall be so constructed as not to have openings, mesh,
holes or gaps larger than four square 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.
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. 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.
C.
Exceptions. 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. All other
aboveground pools greater than 18 inches in depth, unless enclosed
by a fence of the type and dimensions hereinabove specified, shall
be either:
D.
It shall be deemed that there is sufficient compliance with this
section when the owner's entire property or entire yard in which
the pool is located is completely enclosed by a fence and gate of
the type above mentioned.
Provision shall be made for drainage of the pool and for backwash
water disposal. No nuisance shall be created by virtue of disposal
of such wastewater from any pool.
All electrical services for pool operation shall be installed
according to the Electrical Code of the National Underwriters Association
current at the time of said pool construction and shall be shielded
from the direct view of neighboring properties.
The Building Inspector and the members of the Police Department
shall have access to and be permitted to inspect the licensed premises
for violation of this chapter at all reasonable hours without interference.
