There is hereby adopted by the borough for the purpose of establishing
rules and regulations for the construction, alteration, addition,
repair, removal, demolition, use location, occupancy and maintenance
of all buildings and structures and their service equipment, including
permits, licenses and penalties, that certain building code titled
the Standard Building Code of New Jersey, Basic Code and Manual, 1968
revision, 1974 printing, administered by the State Department of Community
Affairs, being particularly parts A and B of the code embracing administration,
definitions, structural, fire and general safety requirements. As
required by R.S. 40:49-5.1, et seq., not less than three copies of
the abovementioned regulations have been and are now filed in the
office of the borough clerk, save and except such portions as are
hereinafter modified to set forth a certain fire district, permit,
license and other fees, penalties, posting of indemnity bonds, and
are hereby adopted and incorporated as fully as if set forth at length
herein.
It is hereby stated that wherever the name "Standard Building
Code of New Jersey" appears in the text of the code, it shall be understood
that the code is the building code of the borough, or as the case
may require, is inserted therein as though printed in the original.
Wherever the word "municipal" or "municipality" is used in the code,
it shall be held to mean the Borough of Hopewell.
Nothing in this chapter or in the code hereby adopted shall
be construed to affect any suit or proceeding now pending in any court,
or any rights acquired, or liability incurred, nor any cause or causes
of action accrued or existing, under any act or ordinance repealed
hereby. Nor shall any right or remedy of any character be lost, impaired
or affected by the provisions of this chapter.
The provisions of this section shall apply to all private swimming
pools used and maintained for swimming or bathing purposes. A swimming
pool shall be any pool which is constructed, used or maintained to
provide recreational facilities for swimming, bathing or wading, and
which is capable of containing water to a depth exceeding two feet,
and all buildings and equipment and appurtenances thereto.
It shall be unlawful to construct or establish a private swimming
pool, as herein defined, within the borough, without first having
obtained a permit.
a. Application Details. Application for a permit for the construction
and maintenance of a private swimming pool shall be made to the building
inspector by the owner of the property or by the contractor who will
construct the swimming pool. The application shall be accompanied
by a certificate of approval issued by the board of health to ensure
that the proposed pool is located in such a manner so as not to interfere
with or adversely affect existing or proposed sanitary sewerage facilities
and is constructed and drained in such a manner so as not to flood
the immediate or adjacent properties. The application is accompanied
by a duplicate set of plans showing:
1. Proposed location of the pool on the property.
3. Any proposed accessory structures.
4. The proposed method for draining the pool and for filtering the water.
5. The location and dimensions of all buildings existing on the property
and the location, height and type of existing fencing or walls on
the property.
6. The proposed fencing or enclosure as required by subsection 4-3.4.
b. Fees. The application shall be accompanied by a permit fee based
on the valuation of the pool, fencing and appurtances. The cost of
permits shall be $3 for $500 or less valuation; $5 for $501 to $1,000
valuation; $10 for $1,001 to $5,000 valuation, and $20 for $5,001
and up in valuation. After final inspection and approval by the building
inspector, a certificate of occupancy for the pool shall be issued
to the owner.
Above-ground pools taken down each year need only apply for
the permit once, provided the pool is located in the same position
on the property each time it is raised.
Private swimming pools shall be constructed of material such
that they may be maintained in a sanitary and safe condition at all
times.
It shall be the responsibility of the owner of the private swimming
pool to maintain the pool in such a condition as to prevent breaks
in the structure or water from overflowing onto adjacent public or
private property.
The yard requirements for structures as described in the zoning
chapter shall apply to private swimming pools.
All private swimming pools now existing or hereafter constructed
or installed within the borough shall be enclosed by a substantial
fence or building wall not less than 36 inches in height.
The fence shall be so constructed as to prevent, within reason,
any person from gaining access beneath or through it and shall have
similarly substantial gates or doors of the same height as the fence,
with facilities for locking the gates or doors at all times when the
pool is unattended, or not in actual use. The gates of doors shall
be locked when the pool is not in actual use.
Pools with sidewalls 36 inches higher than the ground level
at the pool wall need not be fenced.
Ladders for ingress shall be removed when the pool is not being
used.
[Ord. 199]
Any person violating any of the provisions of this chapter or
of the Standard Building Code of New Jersey made a part hereof shall,
upon conviction, pay such penalty or penalties as set forth in the
code sections A-107.3 and A-107.4.