[HISTORY: Adopted by the Borough Council
of the Borough of Eatontown 7-23-1969 as Ch. 70 of the 1969 Code.
Amendments noted where applicable.]
A.
SWIMMING POOL
WADING POOL
The words, terms or phrases listed below, for the
purpose of this chapter, shall be defined and interpreted as follows:
Includes either outdoor, above or below grade level pools
which are installed or constructed to provide recreational facilities
for swimming, bathing or wading.
Include a pool not designed for or capable of being used
for swimming, with a maximum area of 120 square feet and a maximum
water depth of 12 inches.
B.
Unless otherwise provided herein, the words, terms
and phrases herein shall be interpreted and construed in a manner
consistent and in conformity with the Swimming Pool Code of New Jersey
(1955), as approved by the State Department of Health and as amended
and supplemented.
It shall be unlawful to establish or construct
a swimming pool without first obtaining a permit in the manner hereafter
prescribed. No permit shall be required for a wading pool.
[Amended 5-27-1987 by Ord. No. 14-87]
Application for permits for the construction
and maintenance of any swimming pool, as defined, 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 will construct the same.
The application shall be accompanied by duplicate sets of plans, specifications
and plot plans of the property. The plot plan shall show the location
of the proposed pool on the property, together with any proposed accessory
buildings. The plot plan shall also show the location, type and height
of fencing or enclosure as may be required by this chapter. Applicants
shall enclose with each application a fee of $10 for an aboveground
pool or $35 for an in-ground pool, to be paid to the Building Inspector
for a permit to erect or construct a swimming pool as defined in this
chapter. No permit for a swimming pool shall be issued by the Building
Inspector until the plans, specifications and plot plan have been
approved by the Board of Health and the Borough Engineer.
All material used in the construction of swimming
pools shall be waterproof and easily cleaned. The bottom and sides
of the pool shall be either white or a light color, except that aluminum
paint shall not be used as a finish. Sand or earth bottoms shall not
be used.
There shall be no physical connection between
a potable public or private water supply system and swimming pool
below the maximum waterline of the pool or to a recirculating or heating
system of said pool. The piping system shall be designed to circulate
the pool water through filtering equipment. Potable water shall feed
the pool with a downspout with an air gap not less than six inches
from the pool overflow level. Potable water siphons will not be permitted
to drain the pools. The installation, repair and control of plumbing
facilities shall comply with the Plumbing[1] and Sanitary Codes of the Borough of Eatontown. All circulating
units shall have sufficient capacity to recirculate the entire contents
of the pool within eight hours or less.
All swimming pools with a water depth of more
than one foot, hereafter constructed, installed, established or maintained
within the Borough of Eatontown, shall be provided with the necessary
equipment to completely pump out or empty said pool to either a storm
sewer, storm sewer catch basin, lawn-watering system, adequate dry
well or sand-filtering pit on the premises on which the 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
Borough Engineer. No pool drain shall be connected into the sanitary
sewer system, nor may water from said pool be discharged at the curb
or upon the surface of any street. The discharge of said waters shall
in no way cause or create a nuisance to the abutting property or to
the public.
All swimming pools shall be so constructed,
installed and maintained as to provide necessary equipment for chlorination
and other disinfection and filtering to comply with the following
approved bacteriological standards. Chlorine gas-bearing compounds
in solution shall be required as disinfecting agents for swimming
pools. Not more than 15% of the samples of water taken from any pool
shall contain more than 250 pathogenic organisms per cubic centimeter
or shall show positive test (confirmed) for coliform in any of ten-cubic-centimeter
portions of water at times when the pool is ready for use. The local
Board of Health is hereby authorized to take samples to insure compliance
with these requirements. Free chlorine residuals and pH values shall
be maintained within ranges indicated below:
|
pH
|
Free Chlorine Residual
|
|---|---|
|
7.0 - 7.6
|
0.4 - 0.6 ppm
|
|
8.0 - 8.4
|
2.0 - 5.0 ppm
|
All outdoor swimming pools shall be enclosed
by a substantial fence not less than 48 inches in height, so constructed
as to prevent within reason any person or animal from gaining access
beneath, over or through said fence and which shall have a similarly
substantial gate of the same height as the fence. Said gate shall
be equipped with self-latching devices for keeping gate closed when
not in actual use. Gate shall be kept locked when the pool is not
in use or is unguarded or unattended. Wading pools shall be:
A swimming pool shall be as an accessory to
a residential use as set forth in the Zoning Ordinance of the Borough
of Eatontown and shall be governed by said Zoning Ordinance.
No artificial lighting shall be maintained or
operated in connection with said pool in such a manner as to be a
nuisance to or an annoyance to the neighboring properties.
A.
Nuisance. 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.
B.
Mechanical defects and supervision. Whenever any swimming
pool by reason of mechanical defects or lack of supervision is, in
the opinion of the Board of Health, polluted and detrimental to health,
it shall be closed to use.
C.
Operation and maintenance. Any accessory buildings
or any other physical facility or equipment incident to the maintenance
and operation of any swimming pool shall be in conformance with the
rules and regulations of both the Board of Health and the Building
Inspector of the Borough of Eatontown.
[Added 1-28-2004 by Ord. No. 2-2004; amended 6-9-2010 by Ord. No.
12-2010; 8-10-2011 by Ord. No. 11-2011; 10-14-2020 by Ord. No. 15-2020]
Public swimming pools as defined by the Monmouth County Board
of Health and the New Jersey State Statute and Regulations shall be
required to be subject to an annual health permit to be obtained through
the Office of the Borough Clerk or the Monmouth County Board of Health
for a term commencing April 1 of each year and ending April 30 of
the following year. The fee for such a permit, payable no later than
March 31 for the following year term, shall be $200 per year payable
to the Borough of Eatontown to cover the cost of pool inspection performed
by the Monmouth County Board of Health. A late fee of $25 will be
charged if the application fees are received after April 30.
[Amended 1-28-2004 by Ord. No. 2-2004; 8-10-2011 by Ord. No.
11-2011]
It shall be the duty of the Monmouth County Board of Health
and/or the Building Inspector or other official designated by the
governing body of the Borough of Eatontown to enforce the provisions
of this chapter. It shall also be the duty of the owner of any pool
to allow the local or County Board of Health or delegated authority
and/or the Building Inspector or other designated official access
to any swimming pool or wading pool and appurtenances thereto for
the purpose of inspection and to ascertain compliance with the chapter
and all other pertinent ordinances, at all reasonable times.
[Amended 1-28-2004 by Ord. No. 2-2004]
Any person, partnership, association or corporation
or member thereof or officer of the same who violates this chapter
or any part thereof shall, upon conviction in the municipal court,
be subject to a fine not exceeding $1,250, imprisonment for a term
not exceeding 90 days and/or a period of community service not exceeding
90 days, or combination of the aforesaid sanctions.
