[HISTORY: Adopted by the Board of Health of the Township
of Barnegat as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-4-76 by Ord. No. 1976-5]
A code regulating and controlling the location and construction,
alteration and operation of swimming pools; the issuance of licenses
and/or permits to locate and construct, alter or operate swimming
pools; and declaring and defining certain swimming pools as nuisances
and fixing penalties for violations, is hereby adopted pursuant to
Chapter 188, 1950 (N.J.S.A. 26:3-69.1 to 3-69.6). A copy of said code
is annexed hereto and made a part hereof without inclusion of the
text thereof herein.
The said code established and adopted by this ordinance is described
and commonly known as the "Swimming Pool Code of New Jersey (1970)."
Three (3) copies of the said Swimming Pool Code of New Jersey
(1970) have been placed on file in the office of the Secretary of
this local Board of Health upon the introduction of this ordinance
and will remain on file in said office for the use of and examination
by the public.
No person shall locate and construct, alter or operate a swimming
pool until permits and/or licenses therefor shall have been issued
by this Board of Health.
The following fees and charges are herewith established.
A.
For the issuance or renewal of a license to operate a swimming pool:
fifty dollars ($50.).
Licenses issued for the operation of a swimming pool shall expire
annually on June 30 of each year and application for renewal thereof
shall be submitted, together with the required fee, prior to June
1 of each year.
Licenses and/or permits required by this ordinance may be denied
or suspended by this Board of Health for failure to comply with this
ordinance or code. This Board of Health shall afford the person whose
license and/or permit 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 the Board's decision.
Any person or persons, firm or corporation violating any of
the provisions of this ordinance or the Swimming Pool Code of New
Jersey (1970) made a part hereof shall, upon conviction thereof, pay
a penalty of not less than two dollars ($2) nor more than five hundred
dollars ($500) for each violation. Each day a particular violation
continues shall constitute a separate offense.
All ordinances, codes or parts of same inconsistent with any
of the provisions of this ordinance and the code established hereunder
are hereby repealed to the extent of such inconsistency.
In the event that any section, sentence or clause of this ordinance
or code shall be declared unconstitutional by a court of competent
jurisdiction, such declaration shall not in any manner prejudice the
enforcement of the remaining provisions.
This ordinance and the code herein established shall take effect
on final passage and publication as provided by law.
[Adopted 10-6-76 by Ord. No. 1976-6]
As used in this ordinance, unless the context otherwise indicates,
the following words and terms shall have the meanings given herein:
Any above-surface type of pool of more than one hundred (100)
cubic feet capacity, not stationary or fixed, and capable of being
removed for storage.
Any stationary pool of water having a depth in excess of
eighteen (18) inches and an area greater than one hundred twenty (120)
square feet, designed, used and maintained for swimming purposes by
an individual for use by his household and guests without fees and
located on property owned, leased or otherwise used and maintained
by the owner of said swimming pool. It shall further mean and include
fill-and-draw, flow-through and recirculation pools 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 pools, rivers or lakes, nor baths
used for cleansing of the body or practice of the healing arts.
Any artificially constructed pool intended for use by children,
not designed or used for swimming, with a maximum area of one hundred
twenty (120) square feet and a maximum water depth of eighteen (18)
inches.
A.
All pools supplied by a public or quasi-public water supply system
and not equipped with facilities for the recirculation and reuse of
the pool water shall be subject to closure by order of the Board of
Health during any period of emergency water shortage declared by a
duly authorized public official.
B.
Whenever any pool is a hazard to the health of the public, the Board
of Health is authorized to summarily close the pool upon the failure
of the owner, lessee or occupant of the premises upon which such pool
is located to take satisfactory or reasonable prompt action to abate
such hazard to the health of the public, within twenty-four (24) hours
of the receipt of the notice to do so by the Board of Health, and
keep such pool closed until no further hazard to the public exists,
subject to the right of appeal to the Board of Health by the owner
of such pool. Said appeal, however, shall not stay the action of the
Board of Health.
A.
All private swimming pools, wading pools or portable pools with a
water depth of more than one (1) foot hereafter constructed, installed,
established or maintained within the Township of Barnegat shall be
provided with the necessary equipment to completely pump out or empty
said pool or shall be emptied by providing one (1) drainage outlet,
to be installed at the lowest point of said pool, not in excess of
three (3) inches in diameter, extending from said pool to either a
storm sewer, storm sewer catch basin, lawn watering system, adequate
dry well or sand filtering pit on the premises on which said private
pool, wading pool or portable pool is located. The discharge of water
from such pools into a storm sewer shall be permitted only where the
capacity is adequate, as determined by the Township Engineer. No private
pool drain, wading pool drain or portable pool drain shall be connected
into the sanitary sewer system.
B.
Pool water may not be discharged at the curb or upon the surface
of any street. The discharge of said waters shall, in no case, cause
or create a nuisance to the abutting property or to the public.
Chlorine gas-bearing compounds in solution shall be required
as disinfecting agents for swimming pools, wading pools or portable
pools. The use of ozone, ultraviolet light or any other method wherein
a residual cannot be determined is prohibited. Not more than fifteen
percent (15%) of the samples of water taken from any private pool
shall contain more than two hundred fifty (250) pathogenic organisms
per cubic centimeter or shall show a positive test (confirmed) for
coliform in any of the ten-cubic centimeter portions of water at times
when the pool is ready for use; provided, however, that no less than
three (3) samples shall disclose the presence of a bacteria content
in excess of the above-described limits. For the purpose of this section,
any number of samplings of water on a single day shall be considered
as one (1) sample. The local Board of Health is hereby authorized
to take samples to ensure compliance with these requirements. Free
chlorine residuals and pH values shall be maintained within the ranges
indicated below:
|
pH
|
Free Chlorine Residual
(parts per million)
|
|---|---|
|
7.0 to 7.6
|
0.48-0.6
|
|
8.0 to 8.4
|
2.0 to 5.0
|
Any nuisance which may exist or develop in or in consequence
of or in connection with any private swimming pool shall be abated
and/or removed by the owners.
Whenever any private swimming pool, by reason of mechanical
defects or lack of proper maintenance, is, in the opinion of the Board
of Health, polluted and detrimental to health, it shall be summarily
closed.
A.
The Board of Health may cause any stationary private swimming pool,
as defined in this ordinance, to be inspected for compliance with
the plumbing standards of the Township of Barnegat, and any such pool
shall meet all requirements of the Township Zoning Ordinance.
B.
Operation and maintenance. Any accessory buildings, such as locker
rooms, bathhouses, cabanas, shower rooms, toilets, runways or any
other physical facility or equipment incident to the maintenance and
operation of any of the above described shall be in conformance with
the rules and regulations of both the Board of Health and the Township
Committee of the Township of Barnegat.
No private swimming pool shall be maintained within the township
without having first erected around its entire perimeter a fence at
least four (4) feet in height designed to limit access to such pool,
such fence to contain no more than two (2) gates, be capable of being
firmly secured and be placed in such a location as to discourage access
by trespassers.
[Amended 6-3-91 by Ord. No. 1991-20]
A.
Enforcement officials. It shall be the duty of the Board of Health
and/or Zoning/Code Enforcement Officer to enforce the provisions of
this ordinance.
B.
Compliance with health regulations. Every private swimming pool,
wading pool or portable pool constructed, installed, established or
maintained in the Township of Barnegat shall at all times comply with
the requirements of the local Board of Health. Any nuisance or hazard
to health which may exist or develop in or in consequence of or in
connection with any such private swimming pool, wading pool or portable
pool shall be forthwith abated and removed by the owner, lessee or
occupant of the premises on which the said pool is located, upon receipt
of notice from the Board of Health of the Township of Barnegat.
C.
Inspection. The owner or operator of any pool within the Township
of Barnegat shall allow the Board of Health and/or the Zoning/Code
Enforcement Officer access to any private swimming, wading or portable
pool and appurtenances thereto for the purpose of inspection to ascertain
compliance with this ordinance and all other pertinent township ordinances,
at all reasonable times. Such inspections will be made only upon the
filing of a complaint with the Secretary of the Board of Health or
the Zoning/Code Enforcement Officer.
Any person or persons, firm or corporation violating any of
the provisions of this ordinance shall, upon conviction thereof, pay
a penalty of not less than five dollars ($5) nor more than five hundred
dollars ($500) for each offense. Each day a particular violation continues
shall constitute a separate offense.
Any ordinance or part of any ordinance inconsistent with the
terms of this ordinance is hereby repealed to the extent of such inconsistency.
This ordinance shall take effect immediately after final adoption
and publication according to law.
