[HISTORY: Adopted by the Township Council of the Township of North Brunswick 8-7-2017 by Ord. No. 17-07. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 427, Swimming Pools, adopted by the Board of Health 4-3-1961, as amended.
- PRIVATE POOL
- A pool which is constructed or installed to provide swimming, bathing or wading facilities for the recreation of the owner or occupant of a house and his family and guests and which is so located as to be an accessory use to a residence. This definition includes all buildings, structures and equipment constructed or used in connection with a private swimming pool.
- PUBLIC POOL
- A pool which is constructed or installed to operate as a commercial swimming pool as part of a swim club, hotel, motel, health club, or other commercial facility, or as part of a multifamily housing complex, homeowners' association, condominium association or townhouse association. This definition includes all buildings, structures and equipment constructed or used in connection with a public swimming pool.
No person shall locate and construct, alter or operate a swimming pool until applications are made and approvals have been obtained pursuant to the provisions of § 205-138, Certificates and permits.
All swimming pools shall be maintained in good working order and in a safe and sanitary condition at all times. The area surrounding the pool and its enclosure shall be kept neat and in good order and attractive so as to be in conformity with surrounding properties. No rubbish, debris or litter of any kind shall be permitted at any time.
Pools shall not be left in disrepair or unmaintained to provide for stagnant conditions defined as water that is murky or unclear, providing for plant growth or mosquito breeding, or causing a foul odor.
All swimming pools shall be provided with proper covering when not in use in order to prevent the breeding of mosquitoes. A proper covering shall refer to a permanent cover that shall properly fit the pool and not a tarp (tarpaulin) or other loosely fitted covering that is inadequately fitted and deteriorates with weather conditions. Covers shall also not allow for the pooling of water or rain water on the top. Covering frames may be utilized if they:
Aboveground permanent pools.
Aboveground permanent pools may also be drained if not in use. Draining may only occur when no water quality chemicals are present in the water. Aboveground permanent pools that are drained must be removed or dismantled, or covered in a manner as to not provide for pooling water or mosquito breeding conditions. Those pools that are drained must also be maintained as to protect from and prevent bodily injury or harm and must be enclosed or protected as per the provisions of this chapter.
As such, the definition of "not in use" shall not refer to or include preparations for use where chemicals or treatment methods are being applied to water to provide for recreational bathing as such methods are not conducive to mosquito breeding.
Owners may elect to permanently fill underground pools with sediment or soils approved by the Township of North Brunswick in a manner so as not to cause environmental pollution or harm.
Standard code adopted by reference. Chapter IX, Public Recreational Bathing, of the New Jersey State Sanitary Code (N.J.A.C. 8:26-1.1 et seq.) and Chapter 4A, Public Swimming Pools and Places, of Title 26 of the New Jersey Statutes (N.J.S.A. 26:4A-4 et seq.) are hereby incorporated into this Chapter 427 in their entirety by reference. A copy of the code is annexed to and made part of this chapter without the inclusion of the text herein. The code adopted by this chapter is commonly known as the "New Jersey State Sanitary Code Chapter IX Public Recreational Bathing 2004" and is sometimes referred as the "Swimming Pool Code."
Copy on file. A copy of the Swimming Pool Code has been placed on file in the office of the Township Clerk and shall remain on file there for use and examination by the public.
An annual permit shall be required for the operation of a public pool and obtained from the Township Clerk. Annual permits shall be effective May 1 of each year and expire April 30 of each year.
The fee for the issuance and renewal of an annual permit to operate a public swimming pool shall be $50.
Permits shall also be secured from the Construction Official as required by the Uniform Construction Code for an annual pool inspection.
All swimming pools, bathing areas and enclosures shall be subject to inspection at any time by the Health Official or his designated representative.
The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the Township Health Official, and the Director of Community Development, or his designated representative, who shall have such powers as are conferred upon him by this chapter, and as reasonably may be implied.
It shall be the duty of the Health Official, and the Director of Community Development, or his designated representative, to inspect and remedy any conditions found to exist in violation of this chapter, and he shall have the right to enter any building or premises during the daytime in the course of his duties.
Whenever a nuisance as declared by this chapter is found, notice in writing shall be given to the owner thereof to remove or abate the same within such time as shall be specified therein but not less than 10 days from the date of service thereof. A copy of such notice shall be mailed to such owner by certified mail, return receipt requested.
If the owner, upon being notified as provided in § 427-5 hereof, shall not comply with such notice within the time specified therein and fails to remove or abate such nuisance, the Township Health Official or the Director of Community Development, or their designated representative(s), shall proceed to abate the nuisance or may cause it to be removed or abated in a summary manner by such means as the Township Health Official or Director of Community Development shall deem proper.
In any case where the aforesaid nuisances are required to be removed or abated from any lands as provided for in § 427-5B hereof:
The Township Health Official or the Director of Community Development shall certify the cost thereof to the Mayor and Council who shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against said lands; the amount so charged shall forthwith become a lien upon such lands and shall be added to and become a part of the taxes next to be assessed and levied upon such lands, to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.
The Director of Community Development or the Township Health Official may, in the alternative, certify the costs of abatement of the nuisance to the Mayor and Council with a request that the Mayor and Council institute suit in civil court against the property owner to recover all costs of abatement, together with interest, reasonable attorneys' fees and court costs, as the court shall allow from said property owner.
Any person or entity who shall violate any of the provisions of this chapter or any order promulgated hereunder shall, after a summons is issued under the terms hereof, be punished as follows:
For a first offense, by a fine of not less than $100 and not to exceed $250. The continuation of such violation on each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuance of the violation may be punished as provided above for each separate offense.
For a second offense within two years of any prior conviction under this chapter, by a fine not less than $250 and not to exceed $500.
For a third offense or any subsequent offenses within 10 years of any prior conviction under this chapter, by a fine of not less than $500 and not to exceed $2,000 or by imprisonment in the county jail for a period not to exceed 90 days, or both fine and imprisonment. Each violation of any of the provisions of this article and each day that each such violation shall continue shall be deemed to be a separate and distinct offense.