[HISTORY: Adopted by the Township Committee of the Township of Boonton: Art. I, 5-13-1991 by Ord. No. 451. Amendments noted where applicable.]
Land use — See Ch. 102.
Article I Enclosures
[Adopted 5-13-1991 as Ord. No. 451]
Within 180 days of the effective date of this Article, every person owning land on which there is situated a private swimming pool which contains 24 inches or more of water in depth at any point shall erect and maintain thereon an adequate enclosure surrounding the pool area.
The enclosure shall be not less than four feet nor more than six feet in height and shall be constructed of chain link or such other material as may be approved by the Construction Official as adequate to protect the public safety against improper access to the pool.
Enclosure fences shall be constructed in accordance with the requirements of the BOCA Code in effect at the time of construction of the fence. A building may be used as part of the required enclosure.
[Amended 6-10-1991 by Ord. No. 453]
In no event shall the enclosure be constructed in such a manner or way as to be in violation of any existing ordinance or regulation of the Township, including § 102-151G.
All gates used in conjunction with the enclosure shall meet the same specifications as the enclosure, shall be self-closing and shall be equipped with a self-engaging lock or latch located at least four feet above the ground. The gate shall be locked when the pool is not in use or properly supervised.
Any private swimming pool of the portable above-surface type erected above the ground to a height of at least four feet and the sides of which are so constructed as not to permit access to the water by climbing, shall not be required to be enclosed as hereinabove described, provided that pool ladders shall be removed or rendered inaccessible for use when the pool is not in operation and no filter, piping or other climbable object shall be placed nearer than three feet from the pool.
A natural barrier, pool cover or other protective device approved by the Construction Code Official shall be an acceptable enclosure, as long as the degree of protection afforded by the substituted device or structure is not less than the protection afforded by the enclosure, gate and latch described herein.
The terms of this Article shall apply to all swimming pools in existence in the Township of Boonton on the effective date of this Article, as well as to all pools constructed hereinafter in the Township.
[Amended 4-9-2007 by Ord. No. 739]
Any person who violates any provision of this article shall be subject, upon conviction, to the penalties provided in § 1-15 of this Code.