[HISTORY: Adopted by the Board of Health of the Borough of
Lindenwold as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-16-1976 (Ch. 232 of the 1981 Code)]
Chapter IX, Public Recreational Bathing, of the State Sanitary
Code, N.J.A.C. 8:26-1.1 et seq., is hereby adopted by reference in
its entirety.
[Amended 9-19-1988 by Ord. No. 789[1]]
Permits to locate, construct or alter swimming pools shall be applied for through the Municipal Building Inspector. Applications must comply with the provisions of the code adopted herein before said permit shall be issued. The fee accompanying an application or reapplication to locate, construct or alter swimming pools shall be as prescribed in Chapter 150, Fees, Article I, Fee Schedule, § 150-48, and is intended to defray the cost of processing the application and inspection of the site. This fee is not refundable in the event that said application is denied.
Licenses to operate swimming pools shall be applied for through the Lindenwold governing body. Said license shall be renewed annually and expire on the 31st day of March of the year following the issuance thereof. The fee for such license shall be as prescribed in Chapter 150, Fees, Article I, Fee Schedule, § 150-48, and is exclusive of any fee charged under § 398-2.
All hearings referred to in the state code adopted in § 398-1 shall be before the Lindenwold governing body. Any inspectors or other duly authorized officials who have knowledge regarding the substance of said hearings shall be in attendance on behalf of the Lindenwold governing body.
[Amended 10-20-1981[1]]
Three copies of Chapter IX, Public Recreational Bathing, of
the State Sanitary Code, N.J.A.C. 8:26-1.1 et seq., shall be placed
and remain on file in the office of the Borough Clerk pursuant to
N.J.S.A. 26:3-69.4.
[Adopted 5-4-1976 (Ch. 230 of the 1981 Code)]
Since the Lindenwold governing body has adopted N.J.A.C. 8:26-1.1
et seq., and said code only pertains to public swimming pools as defined
therein[2] it is the desire of the Lindenwold governing body to enact
the following provisions to regulate those swimming facilities which
must meet the State Uniform Construction Code, as adopted and in use
within the Borough.
This article is applicable to private swimming or wading pools
and to naturally or artificially constructed outdoor ponds, rivers
or lakes as defined below.
The words, terms or phrases hereinafter used in this article
shall be defined and interpreted as follows:
Accepted or acceptable under applicable specifications stated
in this article, or accepted or suitable for the proposed use under
the procedures and powers of administration outlined in this article.[1]
Includes the construction, building, erection, creation or
installation of a new swimming pool, portable pool or wading pool,
as herein defined, or the enlargement of an existing pool, as aforesaid,
or of any of its facilities.
The Building Inspector or his duly authorized representative.
The written authorization by the municipality or its agents
to use, maintain or operate a pool, as herein defined.
The maintaining, operating or using of a swimming pool after
its construction, if an artificial one, or its establishment as such,
if a natural pond, river or lake.
The Borough of Lindenwold.
The written authorization granted by the municipality or
its agents to any person to construct, install or alter a pool, as
herein defined.
Includes natural persons, corporations, companies, associations,
partnerships and joint-stock companies.
Any pool consisting of a watertight container open at the
top, made of fabric, plastic or any other material and supported by
a frame and resting on the ground, capable of being wholly or partly
filled with water and so constructed or erected that it may be taken
apart and stored when not in use. The term "portable pool" shall further
mean and include portable pools capable of being filled to a water
depth in excess of 15 inches, with sides higher than 24 inches, with
access made by ladder, ramp, step or steps or any other means.
Includes a pool, as herein defined, that is designed, used,
maintained and intended for swimming, bathing or wading by an individual
for use by himself and by the members of his household and guests
and which is located on such person's land as an accessory use
to a residence, and includes all buildings, structures, equipment
and appurtenances thereto. The term "guests" used above is not intended
to mean any person who directly or indirectly pays rent or other consideration
to the owner of the pool and is invited onto the owner's property
to use said pool. "Private pools" shall also mean pools restricted
to members of a club or association whose members pay a fee solely
for the right to use the swimming facilities and unconnected with
apartment pools.[2]
Includes either outdoor or indoor pools, above or below grade
level, including those which are artificially constructed as well
as natural outdoor ponds, rivers or lakes and which are installed,
constructed, established and used to provide recreational facilities
for swimming, bathing and wading, and all buildings, equipment and
appurtenances thereto, and the depth of which pool is more than 18
inches below the level of the surrounding land or rim of such pool,
or in the case of an above-surface pool, said pool has a depth of
more than 24 inches below the surrounding rim thereof and is capable
of being filled to a water depth in excess of 15 inches.
A.
This article shall not be applicable to those permanently installed swimming pools which have been constructed prior to the passage of this article, nor to natural outdoor ponds, rivers or lakes which have been in use as swimming pools prior to the passage hereof, except that as to such permanently installed pools they shall be subject to the requirements herein if an enlargement of such facilities is sought and to the requirements set forth in Subsection B hereof.
B.
Pools as mentioned in Subsection A herein shall be subject to all of the provisions and regulations relating to safety and sanitation as hereinafter set forth and those which may hereafter be enacted by the municipality or any of its agencies.
C.
The provisions of this article shall not apply to portable pools
and wading pools unless specific reference is made in any section
herein to such type of pool.
It shall be unlawful hereafter for any person to construct,
maintain, install or create a swimming or bathing pool or portable
pool in the municipality without first having complied with the provisions
of this article.
A.
No person hereafter shall construct or maintain any permanent or
stationary type of swimming or bathing pool or establish one at a
natural outdoor pond, river or lake without first having obtained
a permit therefor.
B.
Applications for a permit as required by this section shall be made
to the Building Inspector of the municipality or designee.
C.
The application shall be executed in duplicate and shall contain
the following information:
(1)
Plans and specifications for the proposed swimming or bathing pool,
showing and explaining all the details of such proposed pool and of
the auxiliary structures and appurtenances relating thereto.
(2)
A plot plan showing the property lines of the land upon which the proposed swimming or bathing pool is to be constructed, installed, established, located and maintained, and also showing all of the existing houses or structures thereon, the specific location and dimensions of the proposed pool and auxiliary structures, the distance of the pool from all existing or proposed buildings thereon and also the distance from the property lines and abutting streets. The distances referred to shall not be less than the minimum standards provided in § 398-15 of this article.
(3)
A clear description of the fence or other enclosure proposed to surround the swimming or bathing pool, the type of material to be used, the height thereof and the number of gates or doors therein; said fence or other enclosure shall conform to the minimum standards provided in § 398-19 of this article.
A.
Upon the filing of an application for a permit hereunder, properly
executed, the Building Inspector shall forthwith file the duplicate
application and accompanying plan with the governing body for its
recommendations and approval.
B.
The Building Inspector, after receiving the recommendations or approval
from the governing body, shall act upon the same in the following
manner:
(1)
Approve the application as submitted and cause a permit to be issued
therefor;
(2)
Approve the application subject to any correction, modification or
any additional information required to be furnished in order to assure
proper compliance with the provisions of this article, and upon receipt
of such amended application the Building Inspector shall issue such
permit; or
B.
The fees required in Subsection A of this section are intended to defray the cost of processing the application and the cost of inspection of the site before and after issuance of the permit.
C.
The permit issued and the fee paid hereunder shall be in addition
to any permits and fees which may be required by the governing body
for the location and operation of a swimming or bathing pool in a
sanitary manner and to defray the inspection and examination costs
incidental thereto.
A.
A swimming pool, bathing pool or wading pool of a permanent or stationary
type of construction, a portable pool or the swimming or bathing area
of any natural outdoor pond, river or lake shall not be constructed,
installed, located or established within six feet of any property
line nor nearer to any street line upon which a residence fronts than
the existing setback line of said residence building, but in no case,
regardless of the building setback line, shall a pool be located less
than 30 feet from the front and/or side street line.
[Amended 9-21-1990 by Ord. No. 864]
B.
A swimming or bathing pool or portable pool or wading pool shall
not be constructed, installed, located or maintained on any land unless
a residence building is also located thereon, except for land on,
in or at which a natural outdoor pond, river or lake is located.
All materials used in the construction of an artificial swimming
or bathing pool permitted hereunder shall be of a durable quality
and waterproof and shall be so designed as to facilitate the emptying
and cleaning thereof; the bottom and sides thereof shall be either
white or a light color, except that aluminum paint shall not be used
as a finish; the bottom thereof shall be smooth and free from cracks
and open joints; inlets shall be so located and spaced as to secure
satisfactory dispersion of inflowing waters throughout the pool and
to permit the draining, cleaning and disinfecting of the bottom and
sides; sand or earth bottoms shall not be used.
In addition to the provisions of this article, the construction,
installation, establishment and/or maintenance of any swimming pool,
bathing pool, portable pool or wading pool as aforesaid shall be subject
to the regulations and standards now or hereafter established by the
governing body of the Borough of Lindenwold regarding construction,
installation, establishment and maintenance of equipment for chlorinating,
disinfecting and filtering of such pools and the physical, chemical
and bacterial qualities of the pool water, and there shall be no physical
connection between a potable (public or private) water supply system
and such pools at a point below the maximum flow of the pool or to
a recirculating or treatment system of a pool unless such physical
connection is so installed and operated that no pool water can be
discharged or siphoned into a potable water system.
Swimming pools or wading pools as aforesaid shall not be connected
to the sanitary sewer system nor shall they be permitted to drain
into the sanitary sewer system nor into a public street. The drainage
waste from any pool shall be dispersed upon the premises wherein such
pool is located or into a sand filtering pit; if not practical to
do so, then, with the approval of the governing body, into a seepage
pit or storm sewer, if accessible, or as the governing body shall
otherwise require or specify. The discharge of any wastewater shall
in no case be done in such a manner as to cause or create a nuisance
to the abutting property or to the public.
A.
Every swimming pool or bathing pool and portable pool as defined in § 398-9 shall, within 30 days from the enactment of this article, be completely surrounded by a fence or wall of substantial construction not less than four feet in height, which shall be so constructed as to not have any openings, holes or gaps larger than two inches in dimensions, except for doors and gates; picket fences shall not be erected or maintained for such purpose; a dwelling or accessory building may be used and considered as part of such enclosure.
B.
Said fence or wall enclosure shall be so designed and constructed
as to reasonably prevent any person from gaining access beneath, through
or over the same and shall be provided with one or more substantial
gates or doors of the same height as the fence or wall enclosure.
C.
Every gate or door opening through such enclosure shall be equipped
with a self-closing and self-latching device capable of keeping such
gates and doors securely closed.
D.
It shall be deemed that there is sufficient compliance with this
section when the owner's entire property is completely enclosed
around said pool by a fence with a gate or gates of the type above
mentioned.
E.
Any municipal ordinance requiring the obtaining of a permit for the
erection of a fence shall not apply to the fence erected pursuant
to the provisions of this article except in those instances where
a fence is erected along a property line.
F.
Any access ladder or step used in connection with the above-surface
type of swimming pool, bathing pool or portable pool shall be removed
from the pool when the same is not in active use.
G.
Lights used to illuminate any swimming pool, bathing pool or portable
pool shall be so arranged and shaded as to reflect the light away
from the adjoining premises so as not to become a nuisance or source
of annoyance to adjacent property owners.
H.
Electrical fixtures, wiring and installation thereof used in connection
with the pools shall conform to the standards of the National Board
of Fire Underwriters for electrical wiring and apparatus.
A.
An appeal from the refusal by the Building Inspector to grant a permit
under this article may be made to the governing body, provided that
an appeal is filed with the Borough Clerk within 15 days from the
denial of a permit by the Building Inspector. Said appeal shall be
a written request signed by the applicant for the permit and filed
in duplicate.
B.
Appeals not filed within 15 days will be permitted only upon request
to the governing body for good cause shown.
Swimming, bathing, portable or wading pools shall also be subject
to any sanitary regulations now or hereafter established by the governing
body of Lindenwold or by the State Department of Health.
Any naturally or artificially constructed outdoor ponds, rivers
or lakes which are open to the public for swimming shall have at least
one senior lifeguard on duty at all times who holds, as a minimum,
a valid senior lifeguard certificate issued by the American Red Cross,
YMCA or other equivalent rating. There should be at least one lifeguard
for every 150 patrons in attendance.
A.
It shall be unlawful for any person to make, continue or cause to
be made or continued at any such family swimming pool any loud, unnecessary
or unusual noise or any noise which annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of others. In the operation
of a family swimming pool, the use or permitting the use or operation
of any radio receiving set, musical instrument, phonograph or other
machine or device for the producing or reproducing of sound in such
manner as to disturb the peace, quiet and comfort of the neighboring
inhabitants or at any time with louder volume than is necessary for
convenient hearing of the person or persons who are in the swimming
pool premises shall be unlawful.
B.
The reasonableness of said noise shall be determined by the Municipal
Judge of the Borough of Lindenwold, taking into consideration the
circumstances surrounding the incident.
