As used in this chapter, the following terms shall have the
meanings indicated:
PORTABLE POOL
Any above-ground-level swimming pool which is not designed
to be permanently fixed in one place but which is intended to be capable
of being removed and stored.
PRIVATE POOL
A pool which is constructed or installed to provide swimming, bathing or wading facilities for the recreation of the owner or occupant of a house and his family and guests and which is so located as to be an accessory use to a residence. This definition includes all buildings, structures and equipment constructed or used in connection with a private swimming pool. Swimming pools which are subject to the provisions of Chapter
197, Swimming Pools, Public, are specifically excluded from this definition.
WADING POOL
A private pool which is not capable of being used for swimming.
It includes portable pools having a capacity of less than 500 gallons
and all pools, portable or otherwise, with a maximum depth of 12 inches
or less.
No person shall construct, install or maintain a private pool
without first obtaining a permit from the Division of Construction
Inspection.
[Amended 6-28-76 by Ord. No. 76-69-D]
The Division of Construction Inspection shall forward one copy
of the application, together with the plans and specifications accompanying
it, to the Chief Construction Official, who shall, within five days,
return it with his findings and recommendations. No permit shall be
issued unless the Chief Construction Official approves the application.
[Amended 6-28-76 by Ord. No. 76-69-D]
The Division of Construction Inspection shall act on the application
within five days after receiving the findings and recommendations
of the Chief Construction Official. The Division of Construction Inspection
may either approve or disapprove the application as submitted or approve
it conditionally, subject to modifications or changes in the plans
and specifications. If it is approved conditionally, no permit shall
be issued until an amended set of plans and specifications has been
filed with the Division of Construction Inspection, except that, where
the modifications or changes are minor, the Division may issue the
permit upon the applicant consenting in writing to the required modifications
or changes.
Fees shall be paid upon the filing of the application. Fees
for a permit required by this chapter shall be as follows:
A. Construction of new permanent swimming pool or the enlargement of
an existing pool: Fifty Dollars ($50.00) for inground pool and Twenty-five
Dollars ($25.00) for above ground pool.
[Amended 1-26-81 by Ord. No. 81-326]
B. Installation of portable swimming pool: two dollars and fifty cents
($2.50).
There shall be no physical connection between a private pool
or its recirculating and treatment system and a public or private
water supply system which is a source of water used or usable for
drinking purposes unless the connection is designed and installed
so as to make impossible the siphoning or discharge of pool water
into the water supply system.
[Amended 9-30-74 by Ord. No. 74-8-MM]
A. All pools shall be surrounded by a fence or wall of substantial construction
not less than four (4) feet in height with no openings larger than
three (3) inches except for gates or doors. The fence or wall shall
be so constructed as to prevent any person from gaining access to
the pool beneath or over it.
B. For the purposes of Subsection
A, a dwelling or accessory building may be used as part of the enclosure.
C. Every fence or wall shall be provided with one (1) or more gates
or doors of the same height as the fence or wall equipped with a self-closing
or self-latching device capable of keeping them securely closed. Gates
or doors must be locked when the pool is not in use.
D. Wading pools not provided with a fence or wall as required by this
section shall be either emptied or covered with a suitable strong
protective covering fastened securely in place when the pool is not
in use.
E. This section shall not apply to above-ground pools forty-eight (48")
inches or more in height, provided that all steps, ladders or other
means of access to the pool are removed when the pool is not in use,
nor to cases where the entire premises on which the pool is located
are surrounded by a fence which meets the requirements of this section.
[Amended 4-12-82 by Ord. No. 82-448]
Lights used to illuminate any private pool shall be located
and shaded so as to reflect the light away from adjoining premises.
[Added 11-18-2019 by Ord. No.
19-32]
A. Swimming pools shall be maintained in a clean and sanitary condition,
without stagnant water, and in good repair.
B. During the off-season and when not in use, pools should either be
drained or covered.
C. Every private swimming pool shall at all times comply with the requirements
of the Middlesex County Board of Health. Any nuisance or hazard to
health which may exist or may develop as a consequence of the condition
of the pool shall be abated and removed by the owner upon receipt
of notice from the Health Officer or the Code Enforcement Officer.