[HISTORY: Adopted by the Mayor and Board
of Aldermen of the Town of Boonton 12-17-1990 as Ch. XXI of the 1990 Code. Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Includes building or installing a new swimming pool or any
of its facilities.
Any private swimming pool of more than 100 cubic foot capacity
of permanent construction, and all equipment and appurtenances thereto,
used by any person for swimming or bathing.
Includes a corporation, company, association, society, firm
or partnership, as well as an individual.
Any above surface type pool of more than 100 cubic foot capacity,
not stationary or fixed and capable of being removed for storage.
Includes a permanently constructed pool not designed or used
for swimming with a maximum area of 100 square feet and a maximum
water depth of 12 inches.
A.
Application. Application for a permit to construct,
establish, or maintain, use or to alter, remodel or add to a permanent
swimming pool shall be made to the Construction Official by the owner
of the property.
(1)
The application for an existing permanent pool shall
be accompanied by two sets of plat plans showing property lines of
the premises, all existing houses and structures thereon, and the
location and dimensions of the existing permanent pool and its auxiliary
structures and all existing fences, barriers or walls, and showing
all opening and height thereof.
(2)
The application for a permanent pool shall be accompanied
by two sets of plans and specifications and plat plans, showing the
proposed permanent pool and all auxiliary structures and appurtenances
related thereto and the location, height and aperture dimensions of
the fence or barrier to be erected, together with the self-closing
gate and its locking devices.
B.
Fees. The fee for construction or alteration of a permanent pool shall be as provided in Chapter 130, Fees, Article III, General Penalty. Upon the completion of all construction work, the Construction Official is authorized to issue a certificate of compliance.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Approval of plat plan. No permit for a permanent swimming
pool shall be issued by the Construction Official until the plans,
specifications and plat plans have been reviewed and approved by the
Construction Official or the Zoning Officer and also the Health Officer,
and such approval has been properly certified on the plans.
A.
Construction and maintenance. All materials used in
the construction of permanent pools shall be so designed as to facilitate
the emptying and cleaning of the pool, and the maintenance and operation
of the same in a clean and sanitary manner at all times.
B.
Accessory buildings. Any accessory buildings that are to be constructed must comply with that portion of Chapter 300, Zoning and Land Use, pertaining to accessory buildings.
C.
Location of permanent pools.
(1)
A permanent pool shall not be constructed or installed
on any premises unless a residence building is also located on the
premises, or unless the premises are part of a residence curtilage.
(2)
No permanent pool hereafter constructed shall be nearer
than 10 feet to any lot lines of the premises.
D.
Filtration system. All permanent pools, now existing
or hereinafter constructed, shall be equipped with a filtration, circulation
and chlorination system to maintain the water in a clean and healthful
condition in accordance with the requirements of the Town Board of
Health. All portable and wading pools shall have filtration, circulation
and chlorinating system as may be required by the Board of Health.
E.
Discharging or emptying pools. The discharge pipe
leading from any permanent swimming pool shall not exceed two inches
in diameter, and the discharge pipe of all such pools which may hereafter
be constructed shall be composed of galvanized iron, or such other
standard and durable material as may be approved by the Construction
Official. No permanent, portable or wading pools shall be wholly or
partially emptied in any manner that will cause water to flow upon
the premises of another and no permanent, portable or wading pool
shall be wholly or partially emptied upon any land if a storm water
drain is readily accessible to the premises on which the pool is located.
No permanent, portable or wading pool shall be wholly or partially
emptied into any sanitary system, cesspool or septic tank.
F.
Use of water. No public water shall be used in connection
with the operation of any permanent, portable or wading pool during
any time when restrictions are imposed upon the use of public water.
G.
Water supply. Physical connections between potable
water systems and a permanent swimming pool or its circulation system
shall not be permitted. Potable water for make-up and filling purposes
shall be introduced into a permanent pool by means of a discharge
pipe or hose turned downward either over a flot-controlled surge tank
or over the pool itself, having in either case an air-gap of at least
six inches between the orifice of the discharge pipe or base and the
pool or tank overflow level.
H.
Fence or barrier required.
(1)
All permanent pools now existing or hereafter constructed,
installed, established or enlarged, used or maintained, shall be completely
enclosed with a permanent substantial fence with gate or gates, no
less than 40 inches in height above the ground level and close enough
to the ground or foundation to prohibit entrance to the pool under
the fence by children or animals. No opening in such fence or gate
shall be more than two inches in width. Such fence and any gate shall
be so designed, constructed and maintained as to prevent access to
the pool at any time except when the pool is in use under supervision
of the possessor of the pool or by his permission. All gates shall
be locked at all times when not in use.
(2)
All portable and wading pools now existing or hereafter
to be constructed, installed, established or enlarged, used or maintained,
whose sidewalls measure less than 40 inches above the ground level,
shall be enclosed with a permanent substantial fence with a gate or
gates of the type and dimensions herein specified for permanent pools.
All portable and wading pools whose sidewalls measure 40 inches or
more above the ground level shall, when not in use or unattended,
have all means of access removed or securely locked.
I.
Lighting. No artificial lighting shall be maintained
or operated in connection with a permanent pool, portable or wading
pool in such manner as to become a nuisance or annoyance to neighboring
properties. Such lighting shall not shine directly upon any abutting
property and no unshielded lights shall be permitted.
J.
Inspection. The owner or operator of any permanent,
portable or wading pool within the Town shall permit the Construction
Official and the Health Officer, or other authorized officer, to have
access to any such pool for the purpose of inspecting the same, at
all reasonable times.
Any person, partnership, association or corporation or any member or officer thereof who violates this chapter or part thereof, shall upon conviction be liable to the penalty stated in Chapter 1, General Provisions, Article III, General Penalty. Each and every day that a violation continues, and each and every day after notice thereof has been given without abatement of the violation, shall be considered a separate offense.
