[HISTORY: Adopted by the Township Council of the Township
of Denville as indicated in article histories. Amendments noted where
applicable.]
[Adopted by Ord. No. 13/64 (Ch. 18 of the 1978 Revised General Ordinances)]
As used in this article:
Any individual, firm or corporation having an interest in
the premises on which a private swimming pool or wading pool is located
as owner, tenant, occupant or the agent, servant or employee of such
owner, tenant or occupant.
Any artificially constructed basin or other structure for
the holding of water for use by the possessor, his family or guest,
for swimming, diving and other aquatic sports and recreation. "Private
swimming pool" shall not mean any plastic, canvas, or rubber pool
upon the ground have the capacity of less than 500 gallons of water
and temporarily erected or installed upon the ground.
Any artificially constructed basin or other structure for
the holding of water for use by the possessor, his family, or guest,
but not designed for swimming, and diving and having a capacity of
less than 500 gallons of water.
A pool intended for use which is accessory to a residential
setting and available only to the household and its guests. All other
pools shall be considered public pools for purposes of this article.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. III)]
No person shall construct, erect, install, alter or repair a
private swimming pool within the Township without first obtaining
a building permit therefor from the Building Inspector of the Township.
No private swimming pool hereafter erected, installed, altered or
repaired shall be used before a certificate of final inspection is
issued by the Township Building Inspector.
An application for a building permit for the construction, erection,
installation, alteration or repair of a private swimming pool within
the Township shall be made in writing to the Township Building Inspector
upon forms provided by him and shall be accompanied by such fee as
is established by the Township building code.
Building permits for private swimming pools shall be issued
only if the following requirements are met:
B.
All private swimming pools shall be equipped with a filtration, circulation,
clarification and chlorination system adequate to maintain the water
in a clean and healthful condition in accordance with the requirements
of the Township Board of Health.
C.
No private swimming pool shall be wholly or partially emptied in
any manner that will cause water to flow upon the premises of another,
and no private swimming pool shall be wholly or partially emptied
on any land if a storm water drain is readily accessible to the premises
on which such pool is located. No private swimming pool shall be wholly
or partially emptied into any sanitary sewer system, cesspool or septic
tank.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
D.
No public water shall be used in connection with the operation of
any private swimming pool during any time when restrictions are imposed
upon the use of public water.
E.
All private swimming pools now existing or hereafter constructed
or installed shall be enclosed by a permanent fence of durable material
at least five feet in height and shall be so constructed so as not
to have openings, mesh, holes, or gaps larger than four inches in
any dimension except for doors and gates. The horizontal dimension
of all picket type fences shall not exceed four inches. All gates
used in conjunction with said fences shall meet the same specifications
as said fences, shall be self-closing and shall be equipped with approved
locking devices. All gates shall be locked at all times when such
private swimming pools are not actually in use. All existing private
swimming pools shall be fenced in accordance with the provisions of
this chapter, and the International Swimming Pool and Spa Code as
adopted by the State Uniform Construction Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
F.
All electrical
lighting constructed or erected to illuminate private swimming pools
shall be placed in locations approved by the Township Building Inspector
and shall be so located that the light therefrom shall neither be
directed nor reflected upon the adjacent properties.
[Amended by Ord. No. 9-85]
All wading pools, unless enclosed by a fence of the type and dimensions provided for in § 507-4E, shall either be emptied when unattended or not in use or shall be protected by a strong covering securely fastened or locked in place.
No private swimming pool or wading pool shall be constructed,
erected or installed on any premises within the Township unless a
residential dwelling is also located upon the premises or unless the
premises are part of a residence curtilage.
[Adopted 3-20-2012 by Ord. No. 3-12 (Ch. 26, Sec. 26-2, of the 1978 Revised
General Ordinances)]
Pursuant to N.J.S.A. 26:3-69.1 et seq., a code regulating and
controlling the location and construction, alteration and operation
of public recreational bathing facilities, the issuance of licenses
to locate and construct, alter or operate public recreation bathing
facilities and declaring and defining certain public recreational
bathing facilities as nuisances and fixing penalties for violation
is hereby adopted by reference.
The code established and adopted by this article is described
and commonly known as the "New Jersey State Sanitary Code, Chapter
IX, Public Recreational Bathing" as codified at N.J.A.C. 8:26-1 et
seq.
Three copies of said Public Recreational Bathing Code have been
placed on file in the Township Department of Health and Social Services
upon the introduction of this article and will remain on file in said
office for the use and examination by the public.
A.
No person shall locate and construct, alter or operate a recreational
bathing place or facility regulated under the provisions of N.J.A.C.
8:26-1 et seq. until a license therefor shall have been issued by
the Township Department of Health and Social Services.
Licenses issued for the operation of a recreational bathing
place shall expire annually on December 31 of each year, and renewal
thereof shall be submitted, in writing, on forms promulgated and supplied
by the Township Department of Health and Social Services.
A.
Licenses may be denied or suspended by the Township Health Officer
for failure to comply with this article or the provisions of N.J.A.C.
8:26-1 et seq.
B.
The Township Health Officer shall afford the person whose license
to locate and construct, alter or operate has been denied or suspended
an opportunity to be heard in public hearing and, following this,
to be informed of a decision as provided by N.J.A.C. 8:26-1 et seq.
A.
The provisions of this article shall be enforceable by the Township
Health Officer or his designee.
B.
Any person who violates or neglects to comply with any provision
of this article, or notice issued pursuant thereto, shall, upon conviction
thereof, be punished by a fine of not less than $5 and not more than
$500.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
