[1971 Code § 47-1; Ord. No. 03-31, § I]
The words, terms or phrases listed below, for the purpose of
this chapter, except when the context requires a different meaning,
shall be defined as follows:
CONSTRUCTION
Shall mean building or installing a new swimming pool or
enlarging an existing swimming pool or any of its facilities.
PERSON
Shall mean and include corporation, companies, associations,
societies, firms and partnerships as well as individuals.
PORTABLE POOL
Shall mean any above surface type of swimming pool not designed
or intended to be permanently affixed to the ground, and which is
capable of being removed for storage.
PRIVATE SWIMMING POOL
Shall mean any artificially constructed swimming pool, permanent
or portable in nature, having a depth of 24 inches or more and having
a surface area of 250 square feet or more, which is designed, used
or intended for swimming, bathing or wading purposes, and which is
established or maintained upon any premises by any person for his
own use or for the use of his family or for the use of guests of his
household. 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 ponds, rivers or lakes, nor baths used for cleansing of the
body or practice of the healing arts.
WADING POOL
Shall mean any artificially constructed pool intended for
use by children, not designed or used for swimming, with a maximum
surface area of 75 square feet and a maximum water depth of 18 inches.
[1971 Code § 47-4; Ord. No. 03-31, § I]
a. It shall be unlawful hereafter to establish or construct or alter
a private swimming pool without first having obtained a permit therefor
in the manner hereinafter prescribed; provided, however, that no permit
shall be required for any portable pool less than 18 inches in water
depth at any point and with a water surface area of less than 75 square
feet.
b. It shall be unlawful to establish, construct, alter or maintain a
private swimming pool which is not in accordance with the provisions
of this chapter.
[1971 Code § 47-5; Ord. No. 03-31, § I]
a. Application for permits for the construction, remodeling, altering and maintenance of any private or portable swimming pool, as defined in Section
15-1 hereof, shall be made to the Construction Department by the owner of the property upon which it is to be constructed or by the contractor who will construct the same. The application shall be accompanied by duplicate sets of plans, specifications and plot plan and shall also show the location, height and type of all existing fencing or walks on the boundary lines of the property, location of septic systems, together with the type and height of fencing or enclosures as may be required by this section. No permit is required for wading pools.
b. No permit for a private swimming pool, as defined in this section,
shall be issued by the Construction Official until the plans, specifications
and plot plan have been approved by the Zoning Officer, Building Subcode
Official, Electrical Subcode Official and Plumbing Subcode Official.
[1971 Code § 47-6; Ord. No. 03-31, § I]
Upon filing of the aforesaid application the fee stated in Section
5-15 shall be paid to the Construction Official.
[1971 Code § 47-2; Ord. No. 94-08, § I; Ord. No. 03-31, § I]
a. All private swimming pools, or additions thereto shall be completely
surrounded and enclosed by a substantial self-supporting fence or
wall of the type and dimensions hereinafter specified.
b. Whenever a fence or wall is required to be erected under the terms
of this chapter, it shall be so constructed and erected in the following
manner:
1. The fence shall form a barrier and be a minimum of 48 inches above
ground level. Openings shall not be greater than four inches for vertical
balusters with horizontal concentrated load of 200 pounds applied
on a one square foot area at any point offence. Maximum mesh size
for chain link fencing shall not exceed 1 1/4 inches square.
Where their barrier is composed of horizontal and vertical members
and the distance between the tops of the horizontal members is less
than 45 inches (1,143 mm), the horizontal members shall be located
on the swimming pool side of the fence. Spacing between vertical members
shall not exceed 1 3/4 inches (44 mm) in width.
Pedestrian gates shall open outward only, away from the pool,
and shall be self-closing with a self-latching device. If the self-latching
device is located less than 54 inches from the bottom of the gate,
then the release mechanism shall be located on the pool side of the
gate at least three inches below the top of the gate. The gate and
the barrier shall not have an opening greater than 1/2 inch within
18 inches of the release mechanism.
2. A side of a building may be deemed to be part of a fence or wall,
as the case may be.
3. In no event shall said fence or wall be constructed in such a manner
or way as to be in violation of any existing ordinances or rules or
regulations of the Township.
[1971 Code § 47-8; Ord. No. 03-31, § I]
a. There shall be no physical connection between a potable public or
private water supply system and such private swimming pools, wading
pools or portable pools below the maximum waterline of the pool or
to a recirculating or heating system of said pool. The piping system
shall be designed to circulate the pool water through filtering equipment.
Potable water shall feed the pool overflow level. Potable water siphons
will not be permitted to drain the aforesaid pools. The installation,
repair and control of plumbing facilities shall comply with the plumbing
and sanitary standards of the current adopted version of the National
Standard Plumbing Code.
b. All circulating units shall have sufficient capacity to recirculate
the entire contents of a pool within 24 hours or less.
c. All pools not equipped with facilities for the recirculation and
reuse of the pool water shall be subject to closure by order of the
Township Committee during any period of emergency water shortage declared
by a duly authorized public official.
d. Whenever any pool is a hazard to the health of the public, the Health Officer is authorized to summarily close such pool upon the failure of the owner, lessee or occupant of the premises upon which such pool is located to take satisfactory action to abate such hazard to the health of the public within 24 hours after the receipt of the notice required by subsection
15-7g hereof, and keep such pool closed until no further hazard to the public exists, subject to the right of appeal to the Township Committee by the owner of such pool. Said appeal, however, shall not stay the action of the Health Officer.
[1971 Code § 47-9; Ord. No. 03-31, § I]
All private swimming pools, wading pools or portable pools within
a water depth of more than one-foot shall be disinfected by the use
of disinfecting agents with disinfecting qualities equal to those
obtained from chlorine-bearing compounds. No water shall be used for
swimming purposes which, when tested, shall show coliforms contained
therein. For the purposes of this section, the use of disinfecting
agents approved by the National Swimming Pool Institute or such disinfecting
agents as shall meet the same or higher standards shall be deemed
compliance with this section.
[Ord. #03-31, § I]
All materials used in the construction of swimming pools shall
be waterproof and so designed and constructed as to facilitate emptying
and cleaning and shall be maintained and operated in such manner as
to be clean and sanitary at any time when any such pool shall be in
use or at such times as the same shall be subject to use. Inlets of
the treated water shall be so located and spaced as to secure satisfactory
dispersion of the water throughout the pool and not to interfere with
draining, cleaning and disinfecting of the bottom and sides. Sand
or earth bottoms shall not be used.
[1971 Code § 47-7; Ord. No. 03-31 § I]
Applicant shall comply with all setback requirements for auxiliary
buildings or structures contained in the Zoning Ordinance of the Township.
[1971 Code §§ 47-10, 47-11; Ord. No. 03-31, § I]
The following miscellaneous provisions shall apply:
a. Any nuisance which may exist or develop in or in consequence with
any private swimming pool shall be abated and/or removed by the owners.
b. Whenever any private swimming pool, by reason of mechanical defects
or lack of supervision, is, in the opinion of the Health Officer,
polluted and detrimental to health, it shall be summarily closed.
c. Owners or persons in possession of private swimming pools shall allow
the Health Officer and the Building Officials access to inspect said
pool and the appurtenances at any time it may be required in the reasonable
opinion of such officials.
d. Any accessory building, such as locker rooms, toilets and runaways,
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 the Township of Millstone.
e. Every private swimming pool, wading pool or portable pool constructed,
installed, established or maintained in the Township of Millstone
shall at all times comply with the ordinances and State laws or regulations
governing same. 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
said pool is located upon receipt of notice from the Health Officer
of the Township of Millstone.
f. It shall be the duty of the Health Officer and/or the Building Officials
and such other officials as designated by the Township Committee to
enforce the provisions of this section.
g. The owner or operator of any pool within the Township shall allow
said Health Officer and/or Building Officials access at all reasonable
times to any private swimming pool or wading pool or portable pool
and appurtenances thereto for the purpose of inspecting to ascertain
compliance with this section and all other pertinent Township ordinances.
[1971 Code § 47-12; Ord. No. 03-31, § I]
Any person violating any provision of this chapter shall, upon conviction thereof by the Municipal Judge, be liable to the penalty stated in Chapter
1, Section
1-5 and every day that such a violation exists shall be constituted a separate offense.