[Adopted 12-20-60 by Ord. No. 3319 as Article 2 of Chapter 30 of the Revised Ordinances of
the City of Clifton, New Jersey, 1960]
[Added 8-16-88 by Ord. No. 5290-88[1]]
A.
There is hereby adopted as part of this article the
whole of the Swimming Pool Code of New Jersey-1970, as revised and
updated, prescribing regulations governing public swimming pools.
B.
Three copies of said Swimming Pool Code of New Jersey-1970
have been placed on file in the office of the City Clerk and in the
office of the Health Department and shall remain on file in each of
said offices for the use and examination of the public as long as
this article shall remain in effect.
As used in this article, the following terms
shall have the meanings indicated:
An enclosing barrier constructed in a durable manner of wood or metal or other firm building material which shall be not less than four feet in height and which shall conform in all respects to those provisions of the Zoning Ordinance of the City regulating fences and walls or not less than four feet in height which shall be so constructed and erected as to prevent any person from passing through the same by any means other than the use of a gate, except that any existing fence in compliance with the requirements of Chapter 403, Articles II and III, of the Code of the City of Clifton in effect at the time of its construction shall be deemed to comply with the fencing requirements of this article hereinbefore set forth in this section and in § 403-31.
Any device or contrivance designed to fasten and lock a gate
automatically upon the closing of such gate, and which can be released
or opened by means of a key or combination only.
Any private swimming pool situated above or below ground
level designed or constructed in such a manner that it cannot be emptied
and removed for storage whenever the same is not in use.
Any private swimming pool situated above ground level designed
or constructed in such a manner that it can be emptied and removed
for storage whenever the same is not in use.
Any artificially constructed permanently installed or portable
pool, tank or other similar structure situated above or below grade
level with a side water depth in excess of 12 inches designed, installed
or constructed to provide recreational facilities for swimming, bathing
or wading, which is maintained for such recreational purposes by an
individual for his use and the use of members of his household and
guests and which is situated on the premises occupied by such individual
as a residence and utilized as an accessory use thereto, and shall
include all buildings, structures and equipment used in connection
with and appurtenant to said pool.
It shall be unlawful for any person to:
A permit for a private pool shall be issued
by the Building Inspector to the owner or agent of any residence property
in the City upon compliance with the requirements for private pools
as set forth in this article.
A.
Any person owning or maintaining a private swimming
pool within the City shall obtain a permit therefor from the Building
Inspector. Application for such permit shall be made by the individual
owning or maintaining such pool or his authorized agent. The application
shall be accompanied by one set of plans and specifications or brochure
or other descriptive printed material. The application also shall
be accompanied by a plot plan of the lot on which the pool is to be
installed, certified by a licensed land surveyor or engineer showing
the existing contour lines of said lot and the proposed contour lines
resulting from the installation of such pool and the proposed location
of the pool on said lot.
B.
The Building Inspector shall issue a permit for the
setting up, construction, installation or alteration of a private
swimming pool if the same complies with the requirements of this article
and, in the case of a permanent pool, has been approved by the Plumbing
Inspector and the Board of Health.
There shall be no physical connection between
a potable public or private water system and such pools or their circulating
systems.
All permanent pools constructed after May 26,
1960, shall be provided with a drain. The drain shall not be over
six inches in diameter and shall extend from said pool to a brook,
adequate dry well, storm sewer or sanitary sewer.
A.
All private swimming pools within the City shall comply
with and be governed by the Zoning Ordinance of the City and shall
be regulated as an accessory building.
B.
No private swimming pool shall be permitted capable
of holding water having a surface area in excess of 25% of the yard
in which said pool is situate.
A.
Artificial lighting installed, maintained or operated
in connection with a private pool shall be so situated and shaded
as to direct any such lighting away from adjoining premises and shall
be situated, maintained and operated in such manner as not to constitute
a nuisance or an annoyance to occupants of adjoining premises.
B.
All electrical fixtures, lights and lighting, wiring
and electrical installations of any kind or character installed or
maintained and operated in connection with or as an incident to the
use, maintenance and operation of a private pool shall conform to
the standards set forth in the National Board of Fire Underwriters
Code and shall be inspected and approved by the inspector of the Middle
Department, Association of Fire Underwriters, designated to make inspections
of electrical installations for and on behalf of the City.
A.
Except as hereinafter expressly provided, every private
swimming pool shall be completely surrounded by a fence which shall
be situated not less than five feet distant from the edge of the pool
and contain a gate of the same height and material as the fence, which
shall have a lock installed thereon. Every such gate shall be kept
closed and securely locked at all times except during the actual ingress
and egress of any person going to or from the pool. The wall of a
residence or accessory building or an existing wall or fence may be
used as part of the fence surrounding the pool, provided that such
use of the same shall comply in all respects with the requirements
of this article and of the Zoning Ordinance of the City governing
the location of accessory uses.
B.
No fence shall be required for a portable pool the
side water depth of which does not exceed 12 inches; provided, however,
that the longest horizontal dimension thereof does not exceed seven
feet. Any such portable pool shall, however, be removed and stored
whenever the same is not in actual use and under the supervision of
a responsible adult.
[Amended 7-2-1985 by Ord.
No. 4988-85]
C.
No fence shall be required for any private swimming
pool having sides constructed of wood, metal or other firm building
material of a height of not less than six feet measured from ground
level or having sides with a fence or barrier around the top thereof,
said sides and fence or barrier combined having a height of not less
than six feet measured from ground level where the sole means of access
to said pool is by a ladder or stairway extending from ground level
to the top of the side of said pool; provided, however, that where
such ladder or stairway is removable or portable, it shall be removed
and stored whenever said pool is not in actual use and under the supervision
of a responsible adult or, where the ladder is not removable or portable,
there shall be installed across the top thereof a gate of not less
than four feet in height equipped with a lock, which gate shall be
closed and securely locked at all times except during the actual ingress
and egress of any person passing to or from the pool.
A.
No person shall make or permit or cause to be made
in or about any private pool any unnecessary, loud or unusual noise
or any noise which annoys, disturbs, injures or endangers the peace,
quiet and comfort of others. In the use, maintenance or operation
of a private pool, no person shall use or permit or cause to be used
any radio, receiving set, tape recorder, phonograph, musical instrument
or other machine, device or contrivance capable of producing or reproducing
sound in such a manner as to disturb the peace, quiet and comfort
of others or at any time with greater volume than is necessary for
the convenient hearing of any person in or about any private pool.
B.
No private pool shall be used at any time in such
a manner as to create a nuisance or disturbance to other properties
in the vicinity or to the inhabitants thereof.
A.
Every private pool shall at all times comply with
the requirements of all health authorities having jurisdiction in
the premises. Any nuisance or hazard to health which may exist or
develop in, or in consequence of, or in connection with, any such
pool shall forthwith be abated and removed by the person in possession
of such pool upon receipt of notice to that effect from the Building
Inspector, Health Inspector or other authority having jurisdiction
in the premises.
B.
The Fire Public Safety Department and the Health Department
may inspect and approve the manner and method of storage on any premises
whereon a private pool is situated of all chemicals or other similar
water-purifying agents used in connection with the maintenance and
operation of any such private pool.
[Amended 3-18-80 by Ord. No. 4557-80; 7-2-85 by Ord. No. 4988-85]
[Amended 11-14-66 by Ord. No. 3718; 5-9-69 by Ord. No. 3912; 3-17-70 by Ord. No. 3969; 318-80
by Ord. No. 4557-80]
A.
Any person who violates or causes, suffers or permits
the violation of any provision of this article shall, upon conviction
thereof, be punished by a fine not exceeding $200 or by imprisonment
for a term not exceeding 90 days, or both. A separate offense shall
be deemed committed on each day during or on which a violation occurs
or continues.
B.
The penalties provided for herein shall not apply
to renewal permits unless the Building Department gives to the permittee
at least 10 days' written notice to renew the permit and said permittee
fails to renew the permit within the time period provided.
[Amended 11-14-66 by Ord. No. 3718]
To the extent that this article or any provision
thereof may be inconsistent with any provision of any other ordinance
of the City of Clifton, this article and the several provisions thereof
shall govern in all matters pertaining to private pools and the use,
maintenance and operation thereof.
