[HISTORY: Adopted by the Board of Commissioners (now Council) of the Town (now Township) of Montclair 4-15-1980 by Ord. No. 80-12 as Art. I of Ch. 200 of the 1979 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 121.
Health standards — See Ch. 186.
Fees for use of swimming pools — See Ch. 234.
Sewers — See Ch. 269.
Zoning — See Ch. 347.
As used in this chapter, the following terms shall have the meanings indicated:
PRIVATE SWIMMING POOL or POOL
An outdoor or indoor swimming pool or swimming tank, whether permanently installed, portable, collapsible or otherwise, having either an inside structural depth in excess of 24 inches or a surface in excess of 120 square feet or a capacity in excess of 1,400 gallons, constructed or maintained upon any premises by any person for use by himself or herself, his or her family or guests.
[Amended 5-23-2000 by Ord. No. 00-19]
No person shall construct a private swimminpool without first obtaining a permit from the Construction Code Official. The fee for a permit shall be in accordance with Chapter 121, Construction Codes, Uniform, § 121-4, which shall be paid upon filing the application therefor.
Application for a permit shall be made on a form prescribed by the Construction Code Official. There shall be filed with the application three sets of plans and specifications or proper descriptive brochures, together with a plot plan, drawn to scale, showing the entire lot upon which the pool is proposed to be constructed. The plot plan shall indicate the exact size, shape and location of the pool and its distance from the property lines and from all structures on the lot and shall show the location of any overhead electrical conductors in the pool area.
A. 
The Construction Code Official shall issue a permit for the construction or installation of the pool if the application therefor shows compliance with this chapter and with the requirements of Chapter 186, Health Standards, the Building Code,[1] Chapter 347, Zoning, and other pertinent ordinances and regulations of the township.
[1]
Editor's Note: See Ch. 121, Construction Codes, Uniform.
B. 
Upon receipt of an application, the Construction Code Official shall forthwith notify the Health Officer of the Township of Montclair of the receipt of the application, whereupon the Health Officer shall make an inspection to determine whether or not the proposed pool meets with the requirements of Chapter 186, Health Standards. After making such inspection, the Health Officer shall immediately notify the Construction Code Official, in writing, of his or her approval of the application or of his or her disapproval of the application and the reasons therefor.
No private swimming pool shall be constructed or installed on any lot unless there shall be located upon the lot a residence building as defined in Chapter 347, Zoning.
In the construction or installation of any private swimming pool, the location of the pool shall meet the following requirements:
A. 
The distance from any side lot line to the inside face of the pool wall shall be at least 15 feet; provided, however, that a pool may be located on a lot with a minimum distance of 10 feet between the side lot line and the inside face of the pool wall if a hedge or dense shrub planting at least four feet high is maintained between the area devoted to the pool and the side lot line.
B. 
The distance between the street on which the property fronts and the inside face of the pool shall not be less than the existing distance between the street line and the main front wall of any structure on such property.
C. 
The distance between the rear lot line and the inside face of the pool wall shall be at least 10 feet.
D. 
All pumps and filtration systems shall be kept at a maximum distance from all property lines and shall be at least 10 feet from any property line.
All outside lights for illumination of the pool and the area devoted to the pool shall be so installed and maintained as to eliminate glare and to prevent annoyance to persons on adjoining properties.
Pools shall be constructed and installed in such manner as to be waterproof and susceptible of being readily cleaned. Sand or earth bottoms shall not be permitted. The bottom and sides shall be either white or a light color. No aluminum paint may be used as a finish.
No physical connection shall be made or permitted between potable water systems and pool circulation systems. Potable water for makeup and filling purposes shall be introduced into a pool by means of a discharge pipe turned downward over a float-controlled surge tank or over the pool itself. In either case, there shall be an air gap of at least six inches between the orifice of the discharge pipe or hose and the pool or tank overflow level.
A. 
Every pool constructed after February 13, 1957, shall have one and only one discharge pipe for draining the pool. Such discharge pipe shall be of galvanized iron or other type pipe approved by the Construction Code Official not more than two inches in diameter, extending from the said pool to either a storm sewer, brook, dry well or other surface drainage. The discharge system shall be approved by the Township Engineer at the time application for a permit is made. In arriving at his or her determination, the Township Engineer shall have due regard for the capacity of storm sewers available to the lot on which the pool is to be constructed and the feasibility of dry wells and the availability of streams or brooks or other surface drainage. Surface drainage shall not be permitted where such disposal of wastewater will adversely affect any other properties.
[Amended 5-23-2000 by Ord. No. 00-19]
B. 
No such discharge pipe shall be extended to or connected with a sanitary sewer unless special permission shall first be obtained in writing from the Township Engineer. In cases in which such special permission is granted, no person shall discharge any water from a pool into a sanitary sewer unless at least 48 hours' advance notice in writing has been given to the Township Engineer and prior written permission has been obtained from him or her.
[Amended 5-17-1988 by Ord. No. 88-23; 5-23-2000 by Ord. No. 00-19]
Every outdoor pool shall be completely enclosed by a fence or barrier of durable construction, at least four feet high, otherwise complying with the fence standards of Chapter 347, Zoning, and the Uniform Construction Code.[1] Any opening or mesh in the fence as finally constructed shall not be greater than 16 square inches in area, except that a fence with rigid bars or pickets spaced no more than four inches apart shall be permitted. Every gate of such fence shall be kept securely locked at all times when the pool is not in use.
[1]
Editor's Note: See Ch. 121, Construction Codes, Uniform.
[Amended 5-23-2000 by Ord. No. 00-19]
All electrical wiring for light and power in connection with swimming pools shall be installed in strict accordance with the requirements of the current National Electrical Code. All equipment must carry the seal of approval of a nationally approved agency, and all wiring must be inspected and approved by the Montclair Electrical Subcode Official.
[Amended 12-30-1980 by Ord. No. 80-67; 5-23-2000 by Ord. No. 00-19]
The Board of Adjustment shall have the power to authorize, upon application in specific cases, variances from the terms of this chapter.
[Amended 5-23-2000 by Ord. No. 00-19; 4-10-2007 by Ord. No. 07-17]
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof as determined by the Municipal Court Judge. Each day on which a violation of an ordinance exists shall be considered a separate and distinct violation and shall be subject to imposition of a separate penalty for each day of the violation as the Municipal Court Judge may determine.