[HISTORY: Adopted by the Township Council of the Township
of Washington 5-28-1974 by Ord.
No. 74-7 (Ch. 205 of the 1985 Code). Amendments
noted where applicable.]
[Amended 5-16-1983 by Ord. No. 83-5]
For purposes of this chapter, the following terms shall have
the following meanings, unless the context clearly requires otherwise:
Any natural person, partnership, corporation or other entity.
Any swimming pool, wading pool, stream, plunge or other body
of water or portion thereof with a capacity of 750 gallons or more,
which is used or is suitable for use for swimming or bathing. This
term includes: natural and artificial structures, whether indoors
or outdoors; all buildings, structures, premises, beaches and other
appurtenances used in connection with a "pool"; and in-ground and
aboveground "pools."
Any fill-and-draw, flow-through and recirculation pool, outdoor
and indoor, which is artificially constructed to provide recreational
facilities for swimming, bathing or wading and all buildings, equipment
and appurtenances thereto. It shall not include naturally or artificially
constructed 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 guests of
his household.
[Amended 7-16-1974 by Ord. No. 74-15; 5-16-1983 by Ord. No. 83-5]
A.
It shall be unlawful for any person to establish, construct or install
any pool in the Township of Washington, in the County of Bergen and
State of New Jersey, without first having obtained a permit therefor
in the manner hereinafter provided.
B.
Application for permit.
(1)
An application for such a permit shall be made in writing by the
owner or operator of the pool to the Construction Code Official of
the said Township of Washington and shall consist of:
(a)
The name and address of the owner of the lands and premises.
(b)
The name and address of the owner of the pool.
(c)
A plot plan showing property lines of the premises, all existing houses and structures thereon, abutting streets and properties and the location and dimensions of the pool or proposed pool and its abutting structures. All pools hereafter constructed or installed shall be located within the property line in conformance with Chapter 580, Zoning, of the Code of the Township of Washington, and other existing ordinances of the said Township of Washington.
(d)
Plans and specifications for the proposed pool and all auxiliary
structures and appurtenances related thereto.
(e)
A description of the method of disinfection, treatment and disposal
of the water used or to be used by the owner or operator of the pool.
(f)
A statement of the maximum number of persons who will be allowed
to use the pool at any one time.
(2)
The said Construction Code Official shall, within 60 days after receiving
a properly executed application for such permit, act upon the application
in any of the following ways:
(a)
Approve the application as submitted and cause the permit to
be issued.
(b)
Approve the application subject to such additional sanitary
safeguards in respect to the particular premises to be so used as
the Health Officer deems that the public health may require and, upon
receipt of an amended application providing for the additional sanitary
safeguards prescribed, cause the permit to be issued.
(c)
Reject the application.
(3)
If, in the discretion of the Construction Code Official, it is desirable
that the Township Engineer review the pool site for grade or drainage
requirements, the applicant shall post with the Township Clerk a cash
guaranty in an amount equal to the estimate of the Township Engineer
for such review, against which guaranty actual fees shall be charged.
Should the actual fees exceed the guaranty, the applicant shall pay
any deficiency.
C.
No person shall make changes, alterations or modifications in any
pool, if such changes, alterations or modifications are of a nature
which may affect the public health, until such plans and specifications
therefor shall first have been submitted to and approved by the Construction
Code Official. When granting such approval, the Construction Code
Official may stipulate such changes, alterations, modifications or
conditions as he deems that the public health may require. The granting
of the permit shall be made subject to compliance by the applicant
with provisions of this subsection.
D.
The permit to be issued hereunder shall be issued and signed by the
Construction Code Official, to be issued subject to the provisions
of this chapter and such additional sanitary safeguards with respect
to the particular premises to be so used as the Construction Code
Official deems that the public health may require. The permit shall
be made available for inspection at the swimming pool and may be revoked
by the Construction Code Official for cause or for violation of the
terms of this chapter and the additional sanitary safeguards prescribed
by the Construction Code Official in granting the permit.
A.
Artificial pools shall be so designed and constructed as to facilitate
emptying and cleaning and shall be maintained and operated in such
manner as to be clean and sanitary at all times. Inlets shall be so
located and spaced as to secure satisfactory dispersion of inflowing
waters throughout the pool and to permit draining, cleaning and disinfection
of the bottom and sides.
B.
All pools hereafter constructed, installed, established or maintained,
with the exception of wading and aboveground pools, shall be completely
and continuously surrounded by a permanent durable wall, fence or
barrier which shall be no more than six feet nor less than four feet
in height above grade and shall be so constructed as to have no opening,
mesh, hole or gap larger than two inches in any dimension, except
for doors and gates; provided, however, that if a picket fence is
erected or maintained, the horizontal dimension of any gap or opening
shall not exceed 2 1/2 inches. No fence of any kind or material
shall be constructed or maintained which shall contain projections
of any kind at any point on the outer surface of said fence. A dwelling
house or accessory building may be used as part of such enclosure.
All gates used in conjunction with any of the above-described enclosures
shall conform to the specifications required above as to height and
dimensions of openings, mesh, holes or gaps in the case of fences,
and all gates and doors shall be equipped with self-closing and self-latching
devices for keeping the gate or door securely closed at all times
when not in actual use. Gates and doors shall be locked when the pool
is not in use or is unguarded or unattended; provided, however, that
nothing herein contained shall be construed to require the construction
of an additional wall, fence or barrier where, in lieu thereof, the
entire premises or a part thereof wherein the pool is contained shall
be fully enclosed by a wall, fence or barrier which meets the specifications
set forth herein.
C.
Every aboveground pool shall have access limited by either a removable
or fenced-in ladder and shall also be emptied when not in use or unattended
and covered with a suitable, strong protective covering fastened or
locked in place when not in use or unattended. A cover shall be considered
to be of sufficient strength and securely fastened or locked in place
if, when fastened or locked in place, it will support a minimum dead
weight of 200 pounds.
D.
Every pool shall have a ladder in the vicinity of the diving and
opposite shallow end of the pool. No ladders are permitted on pool
sides. Recessed steps or stairs in the inner walls shall be permitted
in lieu of ladders and may also be installed wherever desired.
E.
Pool water depth shall be marked on the inner walls of all pools.
F.
All pools shall be constructed of material that is durable, waterproof
and easily cleaned.
[Added 5-16-1983 by Ord.
No. 83-5]
[Amended 5-16-1983 by Ord. No. 83-5]
The water in all pools shall be of drinking water quality, except
for the presence of chemicals normally used for pool purification
and maintenance.
[Amended 5-16-1983 by Ord. No. 83-5]
Whenever any pool is hazardous to the users thereof for any
reason or is in violation of any ordinance of the Township of Washington
or any other applicable law, such pool shall be closed according to
the following procedures:
A.
The Health Officer and the Construction Code Official of the Township
of Washington are each empowered to close such pool immediately upon
discovering such condition, by posting a notice to that effect in
a prominent location in or about the pool. The officer ordering such
closure shall send a written notice to the owner of such closure,
specifying the reason or reasons for such closure, within three days
of ordering such closure.
B.
Any person aggrieved by such closure may, during any period of closure,
appeal to the Board of Health if closed by the Health Officer, or
to the Construction Code Board of Appeals if closed by the Construction
Code Official. Such appeal shall be perfected by filing a written
statement of the reasons for the appeal with the Clerk of the Township
of Washington. The filing of an appeal shall not stay or modify the
effect of the closure order appealed from.
C.
The Board of Health or the Construction Code Board of Appeals, as
the case may be, shall conduct such hearing as it deems appropriate
and shall determine the appeal within 14 days of the perfecting of
said appeal. If no determination is made within said time, the action
of closure shall be deemed affirmed. The Board of Health and the Construction
Code Board of Appeals shall have full power to continue or terminate
the closure pursuant to such appeal.
D.
Unless sooner terminated by an appeal as hereinabove provided, such
closure shall be terminated by the official originally taking such
measure, when such official is satisfied that no further hazard or
violation exists.
There shall be no physical connection between a potable (public
or private) water supply system and a pool at a point below the maximum
flow line of the pool or to a recirculating or heating system of a
pool unless such physical connection is so installed and operated
that no pool water can be discharged into such potable water supply
system.
A.
The discharge of any wastewater shall in no case cause a nuisance.
The drainage waste from any pool shall be discharged into a sand filtering
bed, or if not practicable, then with the approval of the Construction
Code Official, into a seepage pit or storm sewer if accessible, all
as the Construction Code Official shall require and specify.
[Amended 5-16-1983 by Ord. No. 83-5]
B.
Every pool having a capacity in excess of 750 gallons shall have
a filter system to be approved by the Construction Code Official.
[Amended 5-16-1983 by Ord. No. 83-5]
C.
All pools not equipped with facilities for recirculation and reuse
of the pool water shall be subject to closure by order of the Health
Officer during any period of emergency water shortage.
D.
The Construction Code Official may cause any pool subject to this
chapter to be inspected for compliance with the plumbing aspects of
this chapter and the New Jersey Uniform Construction Code, and any
violations shall be subject to the enforcement procedures of this
chapter or the New Jersey Uniform Construction Code, as the case may
be.
[Amended 5-16-1983 by Ord. No. 83-5; at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]]
[Amended 5-16-1983 by Ord. No. 83-5; at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
The provisions of the New Jersey State Sanitary Code Chapter
IX, Public Recreational Bathing, N.J.A.C. 8:26 (January 16, 2018),
are hereby adopted and incorporated herein in their entirety with
respect to all public pools. In the event that any provision of this
chapter conflicts with such code, the code shall govern. Copies of
the code shall be filed with such offices and in such numbers as required
by law.
[Amended 5-16-1983 by Ord. No. 83-5]
A.
No pool shall have artificial illumination which causes an annoyance
or disturbance to neighboring residents.
B.
No pool shall be operated in a manner which creates excessive noise
or otherwise disturbs or annoys neighboring residents.
C.
The provisions of this chapter shall be enforced by the Health Officer
and the Construction Code Official of the Township of Washington.
For this purpose, the owner or operator of each pool within the Township
of Washington shall allow the Health Officer and the Construction
Code Official reasonable access to such pool and its appurtenant area
to ensure compliance with the provisions hereof.
