Borough of Milltown, NJ
Middlesex County
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Table of Contents
Table of Contents
[1984 Code § 162-1]
This chapter shall be known and may be cited as the "Swimming Pool Ordinance of the Borough of Milltown."
[1984 Code § 162-2]
As used in this section:
COMMERCIAL POOL
Shall mean a body of water in an artificial or semi-artificial receptacle or other container, whether located indoors or outdoors, used or intended to be used for public or semipublic for swimming by adults or children or both adults and children, whether or not any charge or fee is imposed upon such adults or children, operated and maintained by any person, whether he is an owner, lessee, operator, licensee of concessionaire, exclusive of the various family pools as defined herein, and shall include all structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of a swimming pool, and also all swimming pools operated and maintained in conjunction with or by clubs, motels, hotels and community associations.
PERMANENT FAMILY POOL
Shall mean a swimming pool which is constructed above or below grade or partially above and below grade, is not dismantled and stored away each winter, has a depth greater than 24 inches, has a water surface of at least 100 square feet and is used and intended to be used solely by the owner or lessee thereof, his family and friends invited to use the pool without any charge or payment of fee.
PORTABLE FAMILY POOL
Shall mean a swimming pool which is fabricated of plastic or other lightweight materials and can be readily dismantled and stowed or transported, which has no permanent or fixed connections to the Borough's water and/or sewer lines, which contains at least 1,000 gallons of water and has a depth greater than 24 inches, a water surface area of at least 100 square feet and is used or intended to be used solely by the owner or lessee thereof and his family and by friends invited to use the pool without payment of any charge or fee.
WADING POOL
Shall mean a swimming pool which meets all of the specifications and requirements set down for the portable family pools, except that it contains less than 1,000 gallons of water, has a water, has a water depth of less than 24 inches and has a water surface area of less than 100 square feet.
[1984 Code § 162-3; Ord. No. 08-1283]
a. 
Before any work is commenced on the construction of a permanent family pool or commercial pool, or on any alteration, addition, remodeling or other improvement to a permanent family pool or commercial pool, a permit must be obtained from the Construction Official, which permit shall be approved and countersigned by the Plumbing Subcode Official before delivery to the applicant. An application for such permit shall be filed with the Construction Official on forms to be provided by the Construction Official. The Construction Official shall file a copy of the application with the Secretary of the Board of Health and the Plumbing Subcode Official, together with plans and specifications for all plumbing work to be used for filling, recirculating and disposing of the water and any and all plumbing connections to the municipal water and/or sewer lines.
b. 
The location of the permanent family pool or commercial pool shall comply in all respects with the requirements of the Zoning Regulations.[1]
[1]
Editor's Note: See Chapter 34, Section 34-19, Zoning.
[1984 Code § 162-4]
Plans, specifications and pertinent explanatory data required to be submitted in connection with an application for a permit to construct a new commercial pool shall comply with the following requirements and include the following plans and information, as well as such other data as may be reasonably requested by the Construction Official and/or the Board of Health:
a. 
Plans shall be drawn to scale indicating all dimensions, including the length, width and depth of the pool and width of the pool deck.
b. 
A profile plan showing the same information shall also be required.
c. 
A cross section of scum gutters and/or skimmers.
d. 
Pipe diagrams showing the size of all pipes, inlets, outlets, makeup waterlines, vacuum lines, waste and discharge lines, circulation and other piping.
e. 
The pool equipment room layout, showing filters, their locations, pumps, chlorinators, chemical feeders, flow meter gauges, sight glass, strainers, hair and lint interceptors, dimensions of filter room, its location, floor drain, sumps and other pertinent information.
f. 
The liquid capacity of the pool.
g. 
The liquid capacity of dry wading pool.
h. 
The kind, number and size of filters, including the square footage of the filter area in each unit.
i. 
Top capacity in gallons per minute.
j. 
A description of chemical feeders for soda ash and alum.
k. 
The type, kind and description of chlorinator.
l. 
A description of the gauges and water flow meter.
m. 
A description of the skimmers and/or scum gutters.
n. 
The type and range of testing equipment, including chlorine.
[1984 Code § 162-5]
Plans, specifications and pertinent explanatory data submitted to the Construction Official and/or the Board of Health in connection with the application for a permit to build a permanent family pool may be similar in form and content to those required to be submitted under Section 18-4, but as a minimum shall be a sketch plat or descriptive brochure drawn to scale showing the location of the pool on the applicant's property, dimensions of the pool, the location and size of all pipes required for filling and recirculating the water in the pool, and for discharging of the water from the pool, the pool equipment room layout showing the location of all water treatment facilities, the liquid capacity of the pool, the filters and the capacity and the size and kind of chlorinator and other chemical feeds.
[1984 Code § 162-6]
For portable family and wading pools, no plans need be submitted and no building permit will be required prior to location of such pool on the owner's property.
[1984 Code § 162-7]
The Construction Official shall not issue a permit to construct or approve the construction of any new swimming pool unless the following design and construction requirements are observed in such construction and swimming pools shall be constructed and maintained in conformity with the following requirements:
a. 
Commercial Pools.
1. 
Material. The material used for lining artificial swimming pools shall be one which is light in color, is impervious to water and will provide a tight tank with smooth and easily cleaned surfaces. Sand or dirt bottoms are prohibited.
2. 
Walls, Markings and Slope. Conspicuous markings shall be provided showing the location and depth of the shallow and deep portions, and the location and depth of the points where the slope of the bottom of the pool changes. Special markings shall be necessary for large and odd-shaped pools as prescribed by the Board of Health.
3. 
Overflow Gutters. Overflow gutters shall be provided, extending completely around the pool, having adequate drainage of the overflow water to the recirculation system or away from the pool.
4. 
Inlets and Outlets. All pools shall be provided with adequate outlets at the deepest point and be of sufficient size to permit the pool to be completely drained or emptied. The outlet openings in the floor of the pool shall be designed and located to reduce suction currents and shall be covered with a proper grating. Inlets for repurified water shall be submerged and located so as to produce as nearly as possible a uniform circulation of water throughout the entire pool.
5. 
Heating. All indoor pools which are to be used when the outside temperature is below 60° F. shall be provided with facilities for uniform and adequate heating of the pool room, dressing rooms and water in the pool.
6. 
Water in the Pool. The water in the swimming pool shall meet the requirements of the Board of Health for a safe drinking water supply.
7. 
Recirculation. For new pools, provision shall be made for complete circulation of water through all parts of the pool. The system shall be designed and constructed so that a turnover of at least once in each eight-hour period shall be provided. A satisfactory recirculating system for the swimming pool shall be installed consisting of circulatory pumps, chemical dozing equipment (alum and alkali) or surge tank, float valve control on water supply, hair and lint catcher, chlorinator, indicator, recording and totalizing instrument, flow meters, pressure gauges and piping connections to inlet and outlets, and all other necessary fixtures and connections.
8. 
Shower Baths. Adequate shower facilities with hot and cold water and adequate in number for both males and females shall be provided. All persons entering the pool shall be required to take a cleansing shower bath.
9. 
Cross-connections. No cross-connections shall be constructed between the Borough water supply or the sewer system.
10. 
Hair and Lint Interceptors. Hair and lint interceptors shall be installed so that all water drawn from the pool for recirculation shall pass through the interceptors before reaching the filter.
11. 
Drinking water. Lavatory and drinking water supplies shall be adequate in quality and quantity.
12. 
Walks. Walks providing ingress and egress to the swimming pool must be constructed of bituminous cement or other suitable masonry material and must be at least eight feet wide and satisfactorily drained The pool itself shall be completely surrounded by a walkway at least four feet in width.
13. 
Lighting. Satisfactory lighting must be provided for all accessory and appurtenant facilities.
14. 
Hose. Hose connections and hose must be of ample size and pressure to clean all of the pool area.
15. 
Steps. Steps and ladders must be made of material easily cleaned and must be so designed so as not to collect water when the level is lowered in the swimming pool.
16. 
Disinfecting Equipment. Disinfecting equipment adequate for the purpose must be provided as an integral part of the swimming pool.
17. 
Accessibility of Equipment. All equipment must be readily accessible, and every pool shall be provided with the necessary equipment for the measurement of acidity or alkalinity and for residual determination.
18. 
Dressing Rooms and Toilets. Dressing rooms and toilet facilities shall be provided and shall be adequately designed, located, lighted and ventilated, with separate facilities for men and women.
19. 
Underwater Lighting. Lighting equipment shall be of such type as approved by the National Electrical Code.
b. 
Permanent Family Pools.
1. 
Material. The material used for lining a permanent family pool shall be one which is light in color, is impervious to water and will provide a tight tank with smooth and easily cleaned surfaces. Sand or dirt bottoms are prohibited.
2. 
Pool Marking. Rope markings shall be provided locating the deep and shallow portions of the pool and the points where the slope of the floor of the pool changes appreciably.
3. 
Overflow Gutters. Overflow gutters shall be provided extending completely around the pool having adequate drainage of the overflow water to the recirculation system or away from the pool.
4. 
Inlets and Outlets. When outlets are installed in pools falling within this category, such outlets shall be at the deepest point and be of sufficient size to permit the pool to be completely drained or emptied. The outlet openings in the floor of the pool shall be covered with a proper grating. Inlets for repurified water shall be submerged and located so as to produce as nearly as possible a uniform circulation of water throughout the entire pool.
5. 
Water in Pool. The water in the pool shall meet the requirements of the Board of Health for a safe drinking supply.
6. 
Recirculation. Provisions shall be made for complete circulation of water through all parts of the pool. The system shall be designed and constructed so that a turnover of at least once in each twelve hour period shall be provided. Properly designed filters, hair and lint catcher and disinfecting equipment shall also be required.
7. 
Cross-connections. No cross-connections between the borough water supply and/or the sewer system shall be constructed.
8. 
Underwater Lighting. Lighting equipment shall be of such type as approved by the National Electrical Code.
c. 
Portable Family and Wading Pools.
1. 
All new portable family or wading pools shall be entirely fabricated of or lined with a material which is light in color, is impervious to water and will provide a tight tank with smooth and easily cleaned surfaces.
2. 
All new portable family pools shall be equipped with facilities to completely circulate the water through all parts of the pool. Properly designed and constructed pumps, filters and disinfecting equipment shall be required. All wading pools which are of such size that they cannot be frequently emptied and refilled and which are used by individuals other than the owner and his immediate family shall also be equipped with properly designed and constructed pumps, filters and disinfecting equipment so that proper water purification and recirculation shall be achieved.
[1984 Code § 162-8; Ord. No. 13-1381 § 7]
No pool shall be connected to the sanitary sewer system, either by means of a rigid permanent connection or by some temporary arrangement, for purposes of draining the pool unless permission is obtained from the Superintendent or Supervisor of Public Works. Permission to connect to the sanitary system will not be granted if the pool can be drained onto the property owner's surrounding ground area without running onto neighbor's property or if a storm drain is reasonably accessible to the premises upon which the pool is located. Where, however, the sanitary sewer system is the only available means for discharging the pool water, permission for such discharge into the sanitary sewer system will be granted, provided that the discharge pipe or hose is not over two inches in diameter, the pool shall not be drained more than once each year, the pool is drained only after obtaining a permit from the Superintendent or Supervisor of Public Works and the pool is drained only on the date and at the time designated within the permit.
[1984 Code § 162-9]
a. 
Alterations, modifications or additions made to existing commercial or permanent family pools only shall be carried out as follows:
1. 
Where an existing pool is constructed in such a manner that it essentially complies with the design and construction requirements set down in Section 18-7, then all alterations, modifications or additions shall also be made so that they comply with the requirements of that section.
2. 
Where an existing pool is constructed in such a manner that it differs considerably from the design and construction requirements set down in Section 18-7, any alterations, modifications or additions made shall be such that the performance of the pool is improved or at least maintained. In all cases, it shall be required, however, that the requirements pertaining to recirculation, disinfecting equipment, safety of the pool water and cross-connections with borough utilities be observed when any modifications or additions are made to these facilities.
b. 
Plans as required for construction of new pools, detailed in Section 18-7, shall be submitted to the Construction Official and/or Board of Health and shall be approved and a permit obtained before any alteration, modification or addition is made to any commercial or permanent family pool.
[1984 Code § 162-10]
Outdoor public or commercial pools of any type shall be permitted only in commercially zoned, park or garden apartment areas, and must be so located so that they and/or their accompanying facilities are at least 100 feet from the nearest residential property line.
[1984 Code § 162-11]
No family swimming pool shall be constructed or installed nearer than 10 feet to any property line or nearer to the street line on which the property fronts than the main front wall of the dwelling erected thereon. No swimming pool shall be constructed or installed on any lot unless the owner's residence shall be located upon that lot or an adjoining lot.
[1984 Code § 162-12]
a. 
It is required that fences or walls shall be installed around outdoor swimming pools as described in this section.
1. 
Commercial Pools. All commercial pools shall be surrounded by a fence not less than six feet nor more than eight feet in height.
2. 
Permanent Family Pools. All permanent family pools shall be surrounded by a fence which shall have a height of not less than four feet nor more than is allowed by the Zoning Chapter of this Code.
3. 
Portable Family and Wading Pools. Fences shall be required around all pools of the portable family or wading type where an aid, stool, step, steps, ladder or any other similar device is needed to enter the pool, and where such an entry aid is not regularly manually or automatically removed, folded out of reach or caused to be unusable at all times when the pool is not under the direct supervision of an adult. The height of the fence then required shall not be less than four feet nor more than that allowed by the Zoning Chapter of this Code.
b. 
The fences or walls, when and as required above, shall be so constructed as not to have openings, holes or gaps larger than four inches in any direction except for doors and gates. A dwelling house or accessory building may be used as part of such an enclosure. All gates or doors through such an enclosure shall be equipped with a self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.
c. 
This section shall be applicable to all new and existing swimming pools falling into these categories, as limited and described in this section which require fences. Fences shall be installed around new pools where required when they are constructed or erected. Fences shall be installed around existing pools where required.
[1984 Code § 162-13]
a. 
Bathers with Communicable Diseases. No person having skin eruptions or abrasions, sore or infected eyes, a cold, nasal or ear discharge or any communicable disease shall be permitted to use the pool. Spitting, spouting water or blowing the nose in the pool shall be strictly prohibited. The operator of the pool shall post suitable signs embodying such personal regulations and instructions.
b. 
Sanitation of Premises. The buildings, ground, dressing rooms and all other pools facilities shall be kept clean and in a sanitary condition and maintained free from garbage, trash and other refuse.
c. 
Consumption of Food in or in the Immediate Vicinity of the Pool. The eating of food of any type or form in the pool or within 20 feet of the edge of the pool shall be prohibited.
d. 
Cleaning the Pool. Visible dirt on the bottom of the pool and visible scum or floating matter on the surface of the pool shall be removed as often as necessary to maintain good sanitary conditions.
e. 
Operation and Maintenance. The water in the pool shall show a neutral or alkaline reaction at all times when the swimming pool is in use in order to ensure an adequate chlorine level. Chlorination plants shall be operated in such a manner that the amount of excess or residual chlorine in all parts of the pool at all times when the pool is in use shall not be less than zero and 0.4 parts per million nor more than zero and 0.6 parts per million. The chlorinator and tanks shall be installed in a special closet with vent to the exterior of the building and with a fan, unless considered unnecessary by the Board of Health. A sufficient number of daily tests for available chlorine shall be made by the pool operator and a record kept.
[1984 Code § 162-14]
The premises around the pool shall be kept reasonably clean to prevent contamination of the pool water. Visible dirt on the bottom of the pool or floating on the surface of the water shall be removed as often as necessary to maintain good sanitary conditions, and the chlorine and/or disinfecting chemical concentrations shall be high enough to keep bacteria counts within the limitations set by the Board of Health and to prevent infestation by algae and/or insects.
[1984 Code § 162-15]
All reasonable precautions shall be taken to protect the users of and bathers in commercial pools from injury or accident.
a. 
Convenient means of ingress and egress shall be provided and the depth of the water and any irregularities of the bottom shall be clearly indicated.
b. 
Safety appliances shall be provided and be readily accessible.
c. 
Attendants who shall be capable swimmers and competent in lifesaving methods and artificial resuscitation shall be on duty whenever the pool is in use. Their number shall be such that all persons within the pool shall be under constant unobstructed observation.
[1984 Code § 162-16]
Lights used to illuminate any pool shall be so arranged and shaded as to reflect light away from adjoining properties.
[1984 Code § 162-17]
a. 
The carrying on of any commercial undertakings at a swimming pool which entails the sale of food, drinks, novelties or other merchandise in a manner unreasonably disturbing to neighboring property owners and inhabitants in the enjoyment of their property shall be prohibited.
b. 
Swimming pool signs and placards shall be of such type and so affixed as not to prejudice or unreasonably disturb the enjoyment of neighboring property owners of their property.
c. 
No swimming pool shall be so located, designed, operated or maintained as to interfere unduly with the enjoyment of their property rights by owners of property adjoining the pool or located in the neighborhood.
[1984 Code § 162-18]
Commercial pools shall keep such records of operation as follows:
a. 
pH: every two hours when the pool is in operation.
b. 
Residual chlorine: every two hours when pool is in operation.
c. 
Bacteriological counts: once each week when pool is operating normally; more frequently when ordered to do so by the Board of Health because the pool is experiencing operational difficulties.
d. 
Reports of the pool performance shall be submitted to the Board of Health weekly.
[1984 Code § 162-19]
a. 
The Board of Health shall inspect or cause to be inspected all commercial, permanent family and portable family pools within the Borough at such times as it may deem necessary to carry out the intent of this chapter. The Board of Health is authorized to enter upon any premises, private or public, to take such samples of water from such pools at such times as it may deem necessary and to require the owner, proprietor or operator to comply with the rules and regulations pertaining to pools in accordance with this chapter.
b. 
The Board of Health shall have the power to abate or cause a suspension of the use of such pool until such time as the same is, in the opinion of the Board of Health, no longer a menace or a hazard to health or safety.
[1984 Code § 162-20]
No person shall operate or maintain a commercial pool until a license therefor shall have been issued by the Board of Health, which license shall not be valid for longer than one year from the date of issuance. A renewal of the license must be secured on or before June 1 of each year, which will permit operation or maintenance until the following May 31. All licenses shall be in writing and shall state the conditions thereof and the term for which the license is granted. It shall be unlawful for any person to conduct, maintain or manage any commercial pool without complying with the requirements herein. The Borough Clerk shall be the license issuing agent.
[1984 Code § 162-21]
It shall be required that all permanent or portable family pools be registered with the Board of Health yearly on or before June 1 on forms to be provided by the Board of Health. Registration forms shall be obtainable from and returnable to the Borough Clerk.
[1984 Code § 162-22; Ord. No. 939 § 1; Ord. No. 1015]
a. 
The fee for a permit to construct a pool or make any additions, improvements or alterations thereto shall be in accordance with the fees enumerated in Chapter 15, Building and Housing.
b. 
The yearly fee for a license to conduct, operate and maintain a commercial pool shall $25.
c. 
Municipally owned public pools shall be exempted from payment of the license fee.
d. 
There shall be no charge for registration of family pools.
[1984 Code § 162-23]
a. 
The Construction Official and Plumbing Inspector shall be responsible for enforcing all of the zoning, construction and fencing provisions within this chapter.
b. 
The Sanitary Inspector, or a representative of the Board of Health, shall be responsible for enforcement of all of the pool health, sanitary, conduct and safety provisions of this chapter.
[1984 Code § 162-24]
If, for failure to comply with the rules and regulations of this chapter, a license to operate commercial pool is revoked or the right to use a family pool for swimming purposes is suspended by the Construction Official, the Plumbing Inspector or Sanitary Inspector, the owner or operator of the pool may appeal such use suspension or license revocation to the Borough Council and may have the Borough Council determine the legality or reasonableness of the enforcing agent's action. No appeal under this section, however, shall entitle the owner or operator of the pool to continue its operation pending action of the Borough Council.