[HISTORY: Adopted by the Municipal Council of the Town (now
Township) of Irvington 1-13-1981 by Ord. No. MC 2622 as Ch. 180 of the 1981 Revised
Code. Amendments noted where applicable.]
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
The Department of Housing Services.
[Amended 1-13-1981 by Ord. No. MC 2622; 9-28-1982 by Ord. No. MC 2668; 2-13-1985 by Ord. No. MC 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No.
MC 3511]
Any major replacement or repair to any portion or unit of
any existing swimming pool.
Accepted or acceptable under applicable specifications stated
or cited in this article, or accepted as suitable for the proposed
use under procedures and powers of administration delegated in this
article.
A licensed Health Officer, Sanitary Inspector or any other
properly qualified and licensed person who is delegated to function
within specified limits as the agent of the administrative authority.
Building or installing a new swimming pool or enlarging an
existing swimming pool or any of its facilities.
Designating the site or place of a swimming pool.
To conduct, maintain or otherwise provide facilities for
bathing at swimming pools.
Includes fill-and-draw, flow-through and recirculation pools,
outdoor and indoor, which are artificially constructed to provide
recreational facilities for swimming, bathing or wading, and all buildings,
equipment and appurtenances thereto. It shall not include natural
outdoor ponds, rivers or lakes, nor baths used for cleansing of the
body or practice of the healing arts. It shall not include swimming
or wading pools established or maintained upon any premises by any
individual for his own or his family's use or the use of guests
of his household.
A shallow pool intended for use by children.
Swimming pools shall not be operated by any person until the
administrative authority has given formal approval therefor by issuance
of an appropriate license. This license or permit shall be displayed
in a conspicuous place on the premises where it may be readily observed
by all patrons. No person shall operate a pool whose license therefor
is suspended.
Licenses to operate a swimming pool shall not be issued until
a properly executed application containing information as requested
on a form supplied by the administrative authority has been submitted
and approved by that body.
Persons denied a license to operate a swimming pool shall be
notified in writing accordingly by the administrative authority. Such
notice shall specify the reason for such action and the remedial action
necessary to obtain approval for issuance of such license.
The license of any person to operate a swimming pool may be
suspended at any time when in the opinion of the administrative authority
or its authorized agent such action is necessary to abate a present
or threatened menace to public health.
The person whose license to operate a swimming pool has been
suspended or his representative in charge of the pool shall, at the
time such license is suspended, be informed that the license to operate
the pool is suspended, the reason for such action and the remedial
action to be taken before the suspension may be lifted. Thereafter
and within 24 hours, written notice of suspension containing the same
information given at the time a license is suspended shall be forwarded
by registered mail to the last known address of the person whose license
has been suspended.
A.
Persons whose licenses to operate a swimming pool have been suspended
shall be afforded a hearing before the administrative authority within
three days after such suspension, or thereafter at such person's
option, to show cause why the suspension should be lifted. The administrative
authority shall, within seven days after such hearing, render a written
decision confirming or rescinding the suspension and shall notify
the person whose license has been suspended, in writing, of its action
and reasons therefor.
B.
Persons whose licenses to operate a swimming pool have been denied
shall be afforded a hearing before the administrative authority within
seven days after such denial, or thereafter at such person's
option, to show cause why a license should be granted. The administrative
authority shall, within seven days after such hearing, render a written
decision confirming or rescinding the denial of a license and shall
notify the person whose license has been denied, in writing, of its
action and reasons therefor.
Reports of swimming pool operation shall be submitted to the
administrative authority or its authorized agent within 10 days after
the last day of the preceding month, upon report forms furnished by
the administrative authority.
The site of all proposed swimming pools shall be such that proper
and adequate water supply and waste disposal facilities will be available.
In the case of outdoor pools, topography, protection from prevailing
winds, the absence of trees in the near vicinity, distance from dusty
roads and smoke-producing industries shall be considered in determining
the suitability of proposed sites.
Swimming pool layout shall be such that bathers leaving the
dressing rooms will first have access to toilets and then shower facilities.
Exits and entrances shall be located at the shallow end of the pool.
The swimming pool area shall be proportioned as follows:
A.
Ten square feet shall be provided for each nonswimmer expected to
be present at the time of maximum load. Nonswimming sections shall
be less than 5 1/2 feet in depth.
B.
Twenty-four square feet shall be provided for each swimmer expected
to be present at the time of maximum load. Swimming sections shall
be greater than 5 1/2 feet in depth.
C.
Three hundred square feet shall be reserved around each diving board
or platform provided for diving purposes and such area shall not be
included in determining the area of the swimming section.
The minimum depth of water in the deep portion of a swimming
pool shall not be less than six feet. The depth of water reserved
for diving purposes shall be as follows:
|
Height of Diving Board or Platform
|
Minimum Water Depth
| |
|---|---|---|
|
(feet)
|
(meters)
|
(feet)
|
|
1 to 3
|
1
|
7
|
|
3 to 5
|
—
|
8
|
|
5 to 8
|
—
|
9
|
|
8 to 10
|
3
|
10
|
Critical depths of swimming pools are those at both ends and
also at change of slope locations of the pool. Such critical depths
shall be conspicuously marked in a permanent manner on both the horizontal
and vertical surfaces of the pool and shall be visible in or out of
the water. Markings at one-foot-depth intervals are considered desirable.
Sand areas for swimming pools are not recommended. If provided,
sand areas shall be separated from the pool and enclosed with a fence
having a separate entrance and exit. The exit or return gate shall
be provided with a shower and foot wash having continuous circulation.
At least six inches of sand shall be provided.
A continuous physical separation between the swimming pool walkway
and the spectator area shall be provided by means of a suitable railing
or partition sufficiently high to prevent the mingling of spectators
and bathers.
A complete system of artificial lighting shall be provided for
swimming pools operated at night. Arrangement and design of lights
shall be such that all parts of the pool and its appurtenances are
clearly visible to attendants. Overhead wires shall not be carried
across the swimming pool proper. Underwater pool lighting, when provided,
shall be designed, installed and grounded so as not to create a hazard
to bathers.
Diving stands, when provided, shall be rigidly constructed and
properly anchored with sufficient bracing to ensure stability under
the heaviest possible load. Slides and rope drops shall not be permitted.
Fixed platforms and floats shall not be permitted.
At least 13 feet of free and unobstructed headroom shall be
provided above diving boards and stands.
Diving boards or platforms available for use by the general
public shall not be more than 10 feet above water level.
Springboards and diving platforms shall be covered with cocoa
matting or other nonslip material. The use of canvas for such purposes
is prohibited.
Wading pools, if constructed adjacent to a swimming pool, shall
be separated therefrom by a fence or other partition sufficiently
high to prevent waders from entering the swimming pool area.
Wading pools shall not be designed or used for swimming or diving.
The maximum water depth allowed shall be 18 inches.
Wading pools may be approved only when used either in conjunction
with the regular swimming pool circulation and treatment units or
continuously wasted. The entire contents of the wading pool shall
be recirculated or wasted within at least one hour.
Swimming pool dressing rooms or bathhouses to be used simultaneously
by both sexes shall be entirely separated by partitions. Line of sight
shall be broken at entrances and exits of such dressing rooms.
Floors of all swimming pool dressing rooms and locker rooms
shall be constructed of smooth, finished material impervious to moisture.
Wood slats or floors shall not be permitted. Floors shall have sufficient
pitch and otherwise be constructed so as to permit proper drainage
after washing down. Walk areas used by patrons shall be of nonslip
construction.
Walls and partitions of all swimming pool dressing rooms and
bathhouses shall be of smooth, impervious material. If walls of wood
or other similar material are used, all cracks and joints shall be
filled and the surface kept finished with paint or other sanitary
waterproof coating. Partitions shall terminate a sufficient distance
above the floor to permit flushing of the entire floor area.
All furniture used in swimming pool dressing rooms shall be
of simple character and easily cleaned. Lockers, where provided, shall
be properly ventilated and be of verminproof construction with tight
joints.
Swimming pool dressing rooms or bathhouses shall be constructed
to provide ventilation at floor and ceiling levels.
The following minimum number of showers shall be required, based
upon the number of lockers, baskets or other clothing storage accommodation
provided by the swimming pool:
|
Showers
| ||
|---|---|---|
|
Lockers or Baskets
|
Male
|
Female
|
|
Less than 100
|
1
|
1
|
|
100 to 200
|
2
|
2
|
|
200 to 500
|
3
|
3
|
|
500 to 1,000
|
4
|
5
|
|
Over 1,000
|
Add 1 for every 500 lockers in excess of 1,000
|
Add 1 for every 300 lockers in excess of 1,000
|
Manually operated shower valves shall be provided by swimming
pools to ensure a satisfactory mixture of hot and cold water without
danger of scalding. Chain pulls shall not be permitted for hot-water
showers. Showers shall be fitted with nonremovable fixed spray heads.
Hot or warm water shall be provided for indoor showers.
Raised curbs or raised sills shall not be permitted between
showers and walkways or at the entrance to shower stalls. Shower stall
floors located adjacent to walkways shall be depressed below the level
of the walkways. Floor drains shall be provided in the shower rooms
or stalls and shall be at least twice the cross-sectional area of
the outlet pipe. Wood slats or floor material and slopes conducive
to slipping shall not be permitted.
Suitable soap dispensers readily accessible shall be installed
adjacent to each shower. The use of soap cakes shall not be permitted.
Swimming pools shall be equipped with the following minimum
facilities based upon the number of lockers, baskets or other clothing
storage accommodations provided:
|
Water Closets
|
Urinals
|
Lavatories
| |||
|---|---|---|---|---|---|
|
Lockers or Baskets
|
Male
|
Female
|
Male
|
Female
| |
|
Less than 100
|
1
|
1
|
1
|
1
|
1
|
|
100 to 200
|
2
|
2
|
2
|
2
|
2
|
|
200 to 500
|
3
|
3
|
2
|
3
|
3
|
|
500 to 1,000
|
4
|
5
|
3
|
3
|
3
|
|
Over 1,000
|
Add 1 for every 500 lockers in excess of 1,000
|
Add 1 for every 500 lockers in excess of 1,000
|
Add 1 for every 500 lockers in excess of 1,000
|
Add 1 for every 500 lockers in excess of 1,000
| |
Toilets required by the preceding section shall be of the flush
type and constructed of vitreous china. Urinals shall be constructed
so as to prevent splashing. Lavatories shall be of vitreous china
and shall be equipped with tamperproof spring valve controls.
Toilet stalls shall be enclosed with noncorrosive partitions.
There shall be sufficient space between the floor and walls to permit
washing. Doors, when provided, shall swing inward.
Swimming pools shall be equipped with at least two poles or
shepherd's crooks. There shall also be provided at least two
life rings at least 14 inches in diameter with a sufficient length
of one-quarter-inch manila line firmly attached to each ring. Such
equipment shall be properly stored and readily accessible.
A.
At least one senior lifeguard shall be on duty at every swimming
pool at all times who holds, as a minimum, a valid senior lifeguard
certificate issued by the American Red Cross, YMCA or other equivalent
rating. Other lifeguards required to be present and on duty while
the pool is open for business shall be based primarily upon the number
of patrons present at any time.
B.
As a guide, there should be at least one lifeguard for every 150
patrons in attendance at a pool. All persons acting as lifeguards
shall be capable swimmers proficient in lifesaving and artificial
respiration procedures. All lifeguards shall be so identified by distinguishing
apparel, emblems or signs.
Personal regulations covering admission, bathing and conduct
of patrons shall be conspicuously posted and strictly enforced by
the swimming pool management and shall include the following:
A.
Showers. All persons using a pool shall be directed to take a cleansing
shower in the nude, using warm water and soap, and shall thoroughly
rinse off all soapsuds before entering the pool proper. Bathers leaving
the pool area shall be required to take a second cleaning shower before
reentering.
B.
Skin diseases, etc. Any person showing evidence of skin disease,
sore or inflamed eyes, cold, nasal or ear discharges or any communicable
disease shall be refused admission.
C.
Excessive sunburn, open blisters, etc. Persons with excessive sunburn,
open blisters, cuts or bandages shall be refused admission.
D.
Bathing caps. Women and girls shall be required to wear bathing caps.
E.
Animals. No dogs or other animals shall be allowed in the pool area,
dressing rooms or other parts of the pool enclosure.
F.
Food, etc. No food or drink shall be used or consumed within the
pool enclosure.
G.
Street shoes. Persons in street shoes or other spectators shall not
be permitted in the pool area.
H.
Spitting, rowdyism, etc. Unnecessary expectoration, spouting of water,
roughness, rowdyism or other conduct affecting the safety and comfort
of others shall not be permitted.
Bathing suits or towels rented or otherwise furnished by the
swimming pool management shall be laundered after each use with soap
and hot water, thoroughly rinsed and dried before reuse. Clean suits
and towels shall be stored separately from those unlaundered and shall
not be issued from the same counter to which used suits or towels
are returned.
Swimming pools, when open for use, shall at all times be under
the supervision of a competent director who shall be responsible for
all phases of pool operation, including the applicable provisions
of this article.
All dressing rooms, toilets, showers, the swimming pool proper
and its surroundings shall be kept clean and orderly at all times.
A suitable disinfectant shall be used daily on floors, walls, mats
and the interior portions of dressing rooms. Toilets, lavatories and
shower rooms shall be cleaned with soap and water, disinfected daily
and kept in good repair. Toilets shall be kept supplied with a sufficient
amount of toilet tissue. Lavatories shall be supplied with soap and
suitable receptacles for disposal of paper towels. Common towels shall
not be permitted.
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Any swimming or bathing pool or tank, whether permanently
installed, portable, collapsible or otherwise designed, used and maintained
for swimming purposes, having an inside structural depth in excess
of 24 inches or a surface area in excess of 100 square feet or a capacity
in excess of 1,800 gallons, established or maintained by any person
upon any premises as an appurtenance to a residence occupied by not
more than three families for use of the occupants of such residence
and their guests invited to use it without payment of any fee or other
consideration.
All contiguous property of the same ownership.
All family swimming pools, as defined in this section, which
are permanently installed.
All family swimming pools, as defined in this section, which
are not permanently installed.
[Amended 7-14-1970 by Ord. No. MC 2255]
A.
No family swimming pool shall be constructed, installed or maintained
on any lot unless upon such lot there shall be located a residence
building or unless such lot is a part of the resident curtilage. Such
pool shall be used only as an accessory use incidental to the main
use of such premises.
B.
No family swimming pool shall be constructed, installed or maintained:
(1)
Nearer to the street line on which such premises front than a line
10 feet to the rear of the building line established by Town ordinances.
(2)
Less than three feet from the rear property line.
(3)
With less than a one-inch setback on each side line for each one
foot of property width. Such side line need not be greater than three
feet from each side property line.
[Amended 1-13-1981 by Ord. No. MC 2622; 8-11-1987 by Ord. No. MC 2834; 12-12-1995 by Ord. No. MC 3027; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No.
MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord. No. MC 3413]
A.
No person
shall construct, operate or maintain a family swimming pool until
a license therefor shall have been issued by the Division of Licensing
of the Town, which license shall not be valid for longer than one
year from the date of issuance. A new license shall be secured on
or before May 1 of each year, which will permit operation or maintenance
of such family swimming pool until the following April 30.
B.
All licenses
and renewals thereof shall be in writing and shall state the conditions
thereof and the term for which the license is granted.
C.
Fees.
A.
No person shall install, construct or alter a family swimming pool within the Town without first having obtained a permit from the Department of Housing Services and paid a permit fee as set out in Chapter 240, Construction Code, Uniform.
B.
All applications for a permit to install a portable family swimming
pool shall be made on such forms as may be required by the Department
of Housing Services and shall be accompanied by a description giving
the size, shape, capacity and materials of construction and the location
on the lot.
C.
The Department of Housing Services shall issue a permit for the construction
or installation of a family swimming pool, provided the same complies
with the provisions of this article, the Building Code, the Plumbing
Code[2] and Chapter 650, Zoning, and after payment of the permit fees hereinbefore specified as well as the license fee herein provided.
[2]
Editor's Note: The local Building Code and Plumbing Code
were superseded by the adoption of the State Uniform Construction
Code Act, L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.).
Any license or any renewal thereof granted under this article
for the construction, operation or maintenance of a family swimming
pool may be revoked by the Municipal Council for failure to comply
with rules and regulations promulgated or to be hereafter promulgated
pursuant to this article, or with this article, or whenever in the
determination of the Council further operation under such license
creates a menace to the health, safety or morals of the users of the
family swimming pool or to the occupants of the neighboring properties.
All lights for illumination of a family swimming pool in the
area devoted to the pool shall be so installed and maintained as to
eliminate glare and annoyance to adjoining properties. All such illumination
shall be extinguished during those hours when the pool is not in use.
All areas surrounding a family swimming pool shall be made and
kept neat and attractive, and no rubbish, debris, filth or litter
shall be permitted to remain or accumulate in or about such pool.
All family swimming pools shall be so located, designed, maintained
and operated as not to interfere with the enjoyment of the property
rights by owners of properties adjoining the pool or located in the
neighborhood.
It shall be unlawful for any person to make, continue or cause
to be made or continued at any family swimming pool any loud, unnecessary
or unusual noise which annoys, disturbs, injures or endangers the
comfort, repose, health, peace or safety of others. In the operation
of any such 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 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 persons who are in the pool premises shall be unlawful.
No family swimming pool shall be used between the hours of 11:00
p.m. and 7:00 a.m. on any day of the week.
A.
The Building Inspector, Plumbing Inspector, Health Officer, Sanitarian
or any police officer shall have authority to make such inspections
of the construction and maintenance of any family swimming pool and
surrounding area as are necessary from time to time to ascertain that
there is compliance with this article.
B.
No person shall obstruct or interfere with any Building Inspector,
Plumbing Inspector, Health Officer, Sanitarian or police officer in
the performance of any duties imposed by this article.
[Added 7-14-1970 by Ord.
No. MC 2255]
A.
Enforcement. Every family swimming pool constructed or to be constructed
in the Town shall at all times comply with the requirements of the
Building, Plumbing, Public Safety and Health Departments, and any
hazard or nuisance which may exist or develop in or in consequence
of or in connection with any such pool shall be forthwith abated or
removed by the owner upon receipt of notice from such authority so
requiring.
[Amended 10-14-2015 by Ord. No. MC 3553]
B.
Water supply. Potable water for filling the pool shall be introduced
into the pool in such a manner as to have at all times an air gap
of at least six inches between the orifice of the filling pipe and
the surface of the water in the pool so as to prevent back siphonage.
Physical connections between the potable water system and the family
swimming pool or its circulating systems shall not be permitted. All
connections with potable water lines or waste lines shall be made
only by a duly licensed plumber and in accordance with the Plumbing
Code.
C.
Discharge systems. Surface drainage of a family swimming pool shall
not be permitted where such disposal of wastewater will adversely
affect any other properties. No pool drain shall be connected directly
to the sanitary sewer system, but shall utilize the storm sewer where
available and only upon the written approval of the Town Engineer.
It shall be unlawful for any person to conduct, operate, maintain
or manage any family swimming pool without complying with the requirements
of this article and the rules and regulations promulgated pursuant
thereto.
Should the owner abandon any family swimming pool, he shall
remove the depression and return the surface of the ground to its
original grade and approximately the same condition as before the
pool was constructed.
[Added 7-14-1970 by Ord.
No. MC 2255]
A.
Every outdoor permanent family swimming pool shall be enclosed by
a fence of durable construction not less than four feet nor more than
five feet in height. Such enclosure shall be provided with substantial
gates of at least the height of the fence, and such enclosure and
gates shall be so designed and constructed as to reasonably prevent
any child or person from gaining access. Every gate shall be kept
securely locked at all times when the pool is not in use.
B.
In case of a portable family swimming pool, the pool may be covered
with a suitable strong covering, such covering to be secured in place
when not in use, and any access ladder or steps used in connection
with a portable pool shall be removed when the pool is not in use.
