[HISTORY: Adopted by the Board of Health of the Township of Andover 2-8-1978 (Chapter BH-XI of the 1973 Code); as amended through Ord. No. 88-17. Subsequent amendments noted where applicable.]
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:
- Building or installing a new swimming pool or enlarging an existing swimming pool or any of its facilities.
- NONPORTABLE POOL
- Any above-surface pool in excess of 75 cubic feet capacity considered stationary and not capable of being removed or dismantled for storage.
- PERMANENT BUILT-IN-GROUND POOL
- Any pool in excess of 75 cubic feet capacity considered to be constructed in such a manner as to require the excavation of the ground.
- PORTABLE POOL
- Any above-surface type pool of more than 75 cubic feet capacity, not stationary or fixed, and capable of being removed for storage.
- PRIVATE SWIMMING POOL
- Any pool of water having a water depth in excess of 12 inches and an area greater than 7.5 square feet, designed, used and maintained for swimming purposes by an individual for use by his household and guests without fees, and located on property owned, leased or otherwise used and maintained by the owner of such swimming pool; 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
- Any artificially constructed pool intended for use by children, not designed or used for swimming, with a maximum area of 75 square feet and a maximum water depth of 12 inches.
Construction and maintenance. All materials used in the construction of swimming pools, wading pools, portable pools, nonportable or permanent built-in-ground pools shall be waterproof and so designed and constructed as to facilitate emptying and cleaning, and shall be maintained and operated in such a 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.
Electrical connections. No person shall use any temporary electrical connections in or about any swimming pool, portable pool or wading pool. All electrical connections shall be of waterproof type and shall bear the Underwriter's Laboratory seal of approval and shall be effectively grounded. Underwater pool lighting fixtures must be inspected and approved by the Electrical Underwriter's Inspection Agency.
Water supply pipe, pump, filters and disinfecting equipment.
There shall be no physical connection between a potable public or private water supply system and such swimming pools, wading pools, or portable pools below the maximum water line of the pool or to a recirculating or heating system of such pool. The piping system shall be designed to circulate the pool water through filtering equipment. All water used shall be potable and subject to inspection by the Health Department of the Township. Potable water shall feed the pool overflow level. Potable water siphons shall not be permitted to drain the aforesaid pools. The installation, repair, and control of the plumbing facilities shall comply with the plumbing codes of the Township. All circulating units shall have sufficient capacity to recirculate the entire contents of a pool within 24 hours or less. Any pool having capacity in excess of 750 gallons shall have pumps, filters, and disinfecting equipment.
Discharge systems. All swimming pools, wading pools or portable pools with a water depth of more than one foot, hereafter constructed, installed, established or maintained within the Township, shall be provided with the necessary equipment to completely pump out or empty such pool, or shall be emptied by providing one drainage outlet, to be installed at the lowest point of such pool not in excess of three inches in diameter, extending from the pool to either a storm sewer catch basin, lawn watering system, adequate dry well or sand filtering pit on the premises on which such pool is located. The discharge of water from such pools into a storm sewer shall be permitted only where the capacity is adequate as determined by the Township Engineer. No pool drain, wading pool drain, or portable pool drain shall be connected into the sanitary sewer system. The discharge of such waters shall in no case cause or create a nuisance to the abutting property, and the discharge of waters, either directly or indirectly, upon the property of others shall be deemed a nuisance under the terms of this chapter.
Fencing of pools.
All swimming pools hereafter constructed, installed, established or maintained shall be completely and continuously surrounded by a permanent durable wall, fence or barrier which shall be no more than six feet nor less than four feet in height above grade, and shall be so constructed as to have no opening, mesh, hole, or gap larger than two inches in any dimension, except for doors and gates; provided that if a picket fence is erected or maintained, the horizontal dimension of any gap or opening shall not exceed 2 1/2 inches. No fence of any kind or material shall be constructed or maintained which shall contain projections of any kind at any point on the outer surface of such fence. A dwelling house or accessory building may be used as part of such enclosure. All gates used in conjunction with any of the above-described enclosures shall conform to the specifications required above as to height and dimensions of openings, mesh, holes or gaps in the case of fences, and all gates and doors shall be equipped with self-closing and self-latching devices for keeping the gate or door securely closed at all times when not in actual use. Gates and doors shall be locked when the pool is not in use or is unguarded or unattended; provided that nothing herein contained shall be construed to require the construction of an additional wall, fence or barrier where, in lieu thereof, the entire premises or a part thereof wherein the pool is contained shall be fully enclosed by a wall, fence or barrier which meets the specifications set forth herein.
Every outdoor wading pool or portable pool shall be enclosed by a durable wall, barrier or fence as described in the preceding subsection, unless such outdoor wading pool or portable pool be:
Emptied when not in use or unattended.
Covered with a suitable, strong, protective covering fastened or locked in place when not in use or locked in place when not in use or unattended. A cover shall be considered to be of sufficient strength and securely fastened or locked in place if, when fastened or locked in place, it shall support a minimum dead weight of 200 pounds.
All pools considered as aboveground type having a height above ground level of not less than four feet shall be exempt from perimeter fencing only when the pool is provided with a retractable or swing-up ladder or steps or having additional fencing above the 48 inches or four-foot minimum and be supplied with a gate and lock to deny access when pool is not in use.
In-ground pools. All pools requiring excavation and having variable depth shall be placed no less than 10 feet from the back property line and no less than 10 feet from the side property line. In the case of corner property, the front setback shall be no less than the minimum setback for the principal structure of the zone in which it is, on both streets. Pools shall be placed with the shallow end closest to the foundation and a distance of no less than 10 feet. All in-ground pools shall be placed a distance of no less than 10 feet from a septic tank, and a distance of no less than 15 feet from a disposal field and a distance of no less than 20 feet from a seepage pit. The front setback shall be no less than the minimum setback for the principal structure of the zone in which it is located.
Aboveground pools. Setbacks for this type of pool shall be the same as in-ground pools.
Any nuisance which may exist or develop in, or in consequence of or in connection with, any swimming pool shall be abated and/or removed by the owners.
Whenever any swimming pool, by reason or mechanical defects or lack of supervision, is, in the opinion of the Board of Health, polluted and detrimental to health, it shall be summarily closed.
Owners or persons in possession of swimming pools shall allow the Sanitary and Health Officer and the Building Inspector access to inspect such pool and the appurtenances at any time it may be required by the Board of Health.
Any accessory building, such as locker rooms, toilets, runways, 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 both the Board of Health and the building codes of the Township.
Disinfection of pools. All swimming pools, wading pools or portable pools with a water depth of more than one foot shall be disinfected by the use of disinfecting agents with disinfecting qualities equal to that 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 subsection, 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 subsection.
Lighting, noise and nuisances.
No artificial lighting shall be maintained or operated in connection with the swimming pool, wading pool or portable pool in such a manner as to be a nuisance or any annoyance to neighboring properties. Such lighting shall not shine directly upon any abutting property. No unshielded lights shall be permitted.
No excessive noise or other nuisance which annoys or disturbs the comfort of anyone on neighboring properties shall be permitted in connection with the operation or maintenance of any swimming pool, wading pool or portable pool.
Application requirements. Application for permits for the construction and maintenance of any swimming pool or portable pool, as defined in § 223-1 hereof, shall be made to the Building Inspector by the owner of the property upon which it is to be constructed or by the contractor who shall 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 together with the type and height of fencing or enclosure as may be required by this chapter.
Fees. Applicants shall pay a fee to the construction official for a permit to erect a swimming pool or portable pool, as defined in this chapter, which permit fee shall be exclusive of the permit fee required for the erection of any accessory structure or structures to be used in connection with such swimming pool, and which shall be at the same rate as is provided for other improvements in the Township.
The following fees and charges are herewith established for all pools classified as private, public or semipublic, regardless of ownership:
No permit for a swimming pool or portable pool as defined in this chapter shall be issued by the construction official until the plans, specifications and plot plan have been approved.
Portable pools that are dismantled at the end of the usable season and erected prior to the swimming season shall pay the permit fee only for the initial erection, provided that a signed affidavit is given to the construction official indicating intent.
Compliance with Board of Health requirements. Every swimming pool, wading pool or portable pool constructed, installed, established or maintained in the Township shall at all times comply with the requirements of the local Board of Health. Any nuisance or hazard to health which may exist or develop in, or in consequence of or in connection with, such swimming pool, wading pool or portable pool shall be forthwith abated and removed by the owner, lessee or occupant of the premises on which the pool is located upon receipt of notice from the Board of Health of the Township.
Access to pools; inspecting officials. The Sanitary and Health Officer and/or the Building Inspector shall enforce the provisions of this chapter. The owner or operator of any pool within the Township shall allow the Sanitary and Health Officer and/or the Building Inspector access to any swimming pool, wading pool or portable pool and appurtenances therein for the purpose of inspecting to ascertain compliance with this chapter and all other pertinent Township ordinances, at all reasonable times.
Water shortage. All pools supplied by a public or quasi-public water supply system and not equipped with facilities for the recirculation and reuse of the pool water shall be subject to closure by order of the Board of Health during any period of emergency water shortage declared by a duly authorized public official.
Pools constituting health hazard. Whenever any pool is a hazard to the health of the public, the Sanitary and Health Officer shall be 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 § 223-6 hereof, and keep such pool closed until no further hazard to the public exists, subject to the right of appeal to the Board of Health by the owner of such pool. Such appeal, however, shall not stay the action of the Sanitary and Health Officer.
Abandoned pools. In the case of abandoned pools of any type and when the Health Officer determines if such pool is a hazard he shall then request the Mayor and Township Committee to take such necessary action to have such pool drained or covered, or both, at the owner's expense.
Change of use. An existing pool used for swimming or bathing or accessory equipment or part thereof shall not be altered or converted for any other use unless it shall comply with all provisions of this code applicable to the use intended.
Continuation of existing use. Existing swimming pools may be continued without change provided no unsafe or hazardous condition exists as determined by the building official. The building official may order safety changes on existing uses not in conformity with § 223-2E and determined to be unsafe or hazardous.
In connection with all appeals under this section it shall be the duty of the applicant to supply the Board of Health with sufficient information, by way of surveys, specifications, and plot plans showing salient locations, heights and types of all existing fencing, walkways, lighting and other improvements where appropriate to the individual application, to assist the Board of Health in ruling on all such applications.
Any person violating the provisions of this chapter, shall, upon conviction, be subject to such penalties as provided by § 223-2. Each day a particular violation continues may constitute a separate offense.