[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:
PERSON
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.
PRIVATE SWIMMING POOL
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.
WADING POOL
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.
RESIDENTIAL SWIMMING POOL (RESIDENTIAL POOL)
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:
A. 
All private dwelling pools shall be located as set forth in Chapter 600, Land Use, § 600-151I.
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.
B. 
The fees for each license shall be as set forth in Chapter 245, Fees, Rates and Charges, of this Code.
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)]