[HISTORY: Adopted by the Mayor and Council of the Borough of Mendham 11-4-1974 as Ch. 93 of the 1974 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — Ch. 90.
Sewers — See Ch. 168.
As used in this chapter, the following terms shall have the meanings indicated:
PRIVATE SWIMMING POOL
Any privately owned receptacle, container or other structure, either permanent or portable and located either in or above the ground, which is or was artificially or semi-artificially constructed for the containment of water so as to provide recreational facilities for private swimming, bathing or wading by adults and/or children, which is capable of holding water to a depth exceeding 18 inches and which is located upon a parcel of privately owned real property.
[Amended 6-7-1999 by Ord. No. 15-99]
A. 
Every private swimming pool now existing or hereafter constructed, installed, erected, established or maintained shall be completely enclosed by a permanent fence of durable material at least four feet in height, which fence shall be constructed so as to be in compliance with the BOCA Code. The fence shall be located a minimum of three feet from the outside edge of any portion of the private swimming pool. If the private swimming pool has a raised deck attached thereto, the fence shall be located a minimum of three feet from any portion of said deck. A dwelling house or accessory building may be used as part of the fence in compliance with the BOCA Code.
B. 
All gates or doors used in conjunction with the fence and giving access to the private swimming pool shall meet the same specifications of the fence itself and shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times in accordance with the BOCA Code when not in actual use, except that the door of any dwelling or accessory building which forms a part of the enclosure need not be so equipped.[1]
[1]
Editor's Note: Former Subsection C, pertaining to access ladders and steps, and former §§ 93-3, Existing private swimming pools, and 93-4, Exemptions, which immediately followed this subsection, were deleted 6-7-1999 by Ord. No. 15-99.
A. 
Any person constructing, installing or erecting; using, maintaining or operating; or allowing or permitting the construction, installation or erection, use, maintenance or operation of a private swimming pool which does not comply with the requirements and provisions of § 199-2 shall be guilty of a violation of this chapter.
[Amended 6-7-1999 by Ord. No. 15-99]
B. 
The Zoning Officer of the borough shall enforce the provisions of this chapter.
[Amended 6-7-1999 by Ord. No. 15-99; 4-2-2007 by Ord. No. 3-07]
Any person found guilty of a violation of this chapter shall be subject, upon conviction, to the penalties provided in § 1-15 of this Code. Each day that this chapter is violated shall constitute a separate offense.