[1982 Code § 196-1; Ord. No. 1061-20-01; Ord. No. 1438-46-15]
As used in this chapter:
AGE
Shall mean each individual's age on September 15 of each year.
POOL APRON
Shall mean the area on concrete immediately surrounding the pool.
POOL AREA
Shall mean the entire fenced area surrounding the pools and the bathhouse.
PRIVATE POOLS
Shall mean all artificially constructed swimming pools or tanks permanently or temporarily established or maintained upon any premises by an individual for own or family use or for the use of guests, which have a depth of twenty-four (24) inches or more, regardless of whether maintained above ground level or below ground level.
PUBLIC SWIMMING POOLS
Shall mean either outdoor or indoor pools which are either artificially constructed or natural and are intended to provide recreational facilities for swimming, bathing or wading for the use of the public or for the use of any private club, group or organization.
SNACK BAR AREA
Shall mean the area of the park designated for food consumption.
WADING POOL
Shall mean any artificially constructed pool or tank not designed or used for swimming which has a capacity for water depth of eighteen (18) inches or less, whether maintained above the ground or below ground level.
[1982 Code § 196-2]
Regulation of public swimming pools shall be as provided by the National Health Code and the NJ State Sanitary Code, Chapter IX, Public Recreational Bathing (N.J.A.C. 8:26-1 et seq.). No public swimming pool shall hereafter be constructed or installed in any residential zone of the Borough; however, the Borough itself may provide and maintain a public or private swimming pool for the benefit of the residents of the Borough in any zone in the Borough, with the approval of the Mayor and Borough Council, notwithstanding any other provision contained in this chapter.
[1982 Code § 196-3]
No person shall be permitted to construct, install or maintain a private swimming pool other than a wading pool without having first obtained a permit. Applications to construct permanent private swimming pools shall be accompanied by duplicate plans and specifications or descriptive brochures showing the manner of construction of the proposed pool, its size, shape, dimensions and capacity. Duplicate plot plans shall be submitted showing property lines of the premises upon which the swimming pool or wading pool is to be constructed or installed, together with all existing houses, structures, accessory buildings and paved areas thereon, abutting streets and properties and the location and horizontal plane dimensions of the proposed swimming pool and its auxiliary structures. The application shall also be accompanied by a description of the method of disinfection, treatment, circulation and disposal of the water to be used. At the time of filing the application with the Construction Official, the applicant shall pay a building permit fee in accordance with Chapter 13, Building and Construction. Such fee shall be in addition to license fees set forth in this chapter or in the Sanitary Code. The Construction Official shall, within thirty (30) days after the filing of the application, grant a permit for the construction of the pool or notify the applicant of his denial thereof.
[1982 Code § 196-4A]
All licenses for private swimming pools shall be issued only after full compliance with all the provisions contained in this chapter and shall remain in full force and effect for as long as the licensee complies with the regulations as herein set forth. A license may not be transferred from one location to another or from one individual to another.
[1982 Code § 196-4D; Ord. No. 1438-46-15]
A license to use or operate a swimming pool shall be issued by the Board of Health upon the payment of the following fees:
a. 
Wading pool, no fee.
b. 
Portable swimming pool, no fee.
c. 
Permanent private swimming pool, no fee.
d. 
Public swimming pool, one hundred ($100.00) dollars.
[1982 Code § 196-5]
a. 
The location at which a permanent private swimming pool may be constructed shall be limited to premises on which a residence building housing a maximum of two (2) families is located or premises appurtenant thereto.
b. 
A permanent private swimming pool shall not be constructed, erected, installed or maintained within fifteen (15) feet of any residential building or nearer than ten (10) feet to any side yard line or rear yard line or in the front yard of any premises.
c. 
In the case of a corner lot, a private swimming pool shall not be located closer to the side street line than the prevailing setback line on the street or the required setback line for front yards as set forth in Chapter 35, Land Use.
d. 
A permanent private swimming pool shall not occupy more than fifty (50%) percent of the rear lot of the premises on which it is erected after having deducted from the total area of the rear lot the area occupied by accessory buildings and paved portions of the premises.
[1982 Code § 196-6]
a. 
The interior surface of swimming pools shall be waterproof and easily cleaned and shall be of a light color, provided that aluminum paint shall not be used as a finish. Sand or earth bottoms shall not be permitted.
b. 
All construction shall comply with the applicable provisions of the State Uniform Construction Code, Chapter 35, Land Use, and the Sanitary Code as well as other pertinent codes, regulations and Borough ordinances.
[1982 Code § 196-7]
All permanent private swimming pools not existing or hereafter constructed, installed, established, altered, erected, used or maintained shall be enclosed by a permanent fence or barrier of durable material of not less than five (5) feet nor more than six (6) feet in height, constructed so as not to have holes or gaps larger than three (3) inches in the smaller dimensions. The fence shall have no openings except a gate built of the same material and of the same height as the fence, which gate shall be self-closing and self-latching. The gate shall be closed and latched at all times, except during ingress or egress. The gate shall be locked with a removable key-type lock when the swimming pool is not in use. The fence or barrier shall be erected not closer than five (5) feet from the interior surface of the respective walls of the swimming pool. Any access ladder or steps used in connection with an above-surface-type portable pool shall be removed when the pool is not in use.
[1982 Code § 196-8; Ord. No. 1061-20-01]
a. 
The water in all public swimming pools, tanks or plunges shall be kept, at all times, in a sanitary and safe condition for bathing purposes and shall be subject to any regulations now or hereafter provided in the Sanitary Code of the Borough and/or the New Jersey State Department of Health.
b. 
The water in all public swimming pools shall be so maintained as to comply with physical, chemical and bacterial standards established by the local Board of Health and the New Jersey State Department of Health as amended from time to time.
All public swimming pools, tanks or plunges now or hereafter constructed and maintained in the Borough shall be equipped with chlorinating equipment of acceptable capacity and design which will provide in the water, at all times when the pools, tanks and plunges are in use, free chlorine, combined chlorine, bromine and pH values which shall be continuously maintained within the ranges as set forth in N.J.A.C. 8:26-1 et seq. No swimming pool, tank and plunge shall have, when in use, a residual of excess chlorine or chloramine in the water above the maximum or below the minimum above set forth.
c. 
There shall be no cross-connection between a public or private water supply system and swimming pools or heating systems of such pools.
d. 
No person shall use any public swimming pool if he has any communicable skin lesions or is knowingly the carrier of any communicable disease.
[1982 Code § 196-8; Ord. No. 1438-46-15]
All permanent swimming pools and portable pools shall be emptied and discharged so as not to create a nuisance, shall not be discharged so as to flow onto adjoining property and shall not be discharged into the public sanitary sewerage system of the Borough.
[1982 Code § 196-9B; Ord. No. 1438-46-15]
Swimming pools shall be maintained and operated so that they do not cause noise, nuisances or annoyances to the owners or occupants of neighboring property or citizens and residents of the Borough. No lights shall be installed or used with private swimming pools.
[1982 Code § 196-9C]
The owner of any private swimming pool, whether permanent or portable, within the Borough shall allow the Construction Official, or other duly authorized person access to the pool and appurtenances for the purpose of inspection to ascertain compliance with this chapter at all reasonable times.
[1982 Code § 196-10; Ord. No. 1061-20-01]
a. 
Any nuisance or hazard to health which may exist or develop in or in consequence of or in connection with any swimming pool shall be abated and removed by the owner, lessee or occupant of the premises on which the pool is located within ten (10) days of receipt of notice from the Construction Official or the Board of Health.
b. 
Whenever any swimming pool, tank or plunge, by reason of mechanical defect, water impurity or failure to comply with the requirements of this chapter, is a hazard to the public health, the Construction Official or the Health Officer of the Borough is hereby authorized to order such pool, tank or plunge to be immediately closed until the same complies with the requirements of this chapter and until no further hazard to the public health exists.
[1982 Code § 196-11]
Whenever the Construction Official or Board of Health shall issue an order of compliance or refuses to issue a license, the party aggrieved shall have the right to appeal to the Mayor and Borough Council. The Mayor and Borough Council, after receipt of a written request for a hearing, shall hold a hearing within fourteen (14) days. The decision of the Mayor and Borough Council with respect to such appeal shall be final.