[HISTORY: Adopted by the Mayor and Council
of the Borough of Barnegat Light 6-10-1974 by Ord. No. 74-4 as
Ch. XII of the Revised General Ordinances. Amendments noted where
applicable.]
The installation, alteration, maintenance and
operation of all swimming pools in the borough shall comply with the
provisions of this chapter.
[Amended 8-28-1995 by Ord. No. 95-148]
As used in this chapter, the following words
shall have the meanings indicated:
Any pool installed either above or below the level of the
surrounding land, having a surface area of water of 75 square feet
or less and designed, used and maintained for bathing purposes.
[Amended 6-8-2022 by Ord.
No. 2022-08]
A plan prepared by a licensed engineer or licensed architect
of the State of New Jersey in accordance with the law of the State
of New Jersey.
Any private pool, whether permanently constructed or of the
portable type, having a depth of more than 18 inches below the level
of the surrounding land or having a depth of more than 24 inches when
partly or wholly aboveground or having a water surface area exceeding
75 square feet, designed, used and maintained for swimming or bathing
purposes by an individual for use by his guests and located on the
applicant's land or land under the applicant's control,
and shall include all buildings, structures, equipment and appurtenances
thereto.
[Amended 6-8-2022 by Ord.
No. 2022-08]
Any shallow pool, whether permanently constructed or of the
portable type, which is less than 18 inches below the level of the
surrounding land, less than 24 inches deep when partly or wholly aboveground
and less than 75 square feet in water surface area.
[Amended 6-8-2022 by Ord.
No. 2022-08]
The application of the provisions herein to
a permanently installed swimming pool constructed prior to September
11, 1972, shall be as follows:
A.
Such pools shall be exempt from the requirements of § 180-4D, pertaining to fees, unless an enlargement or change of facilities is sought.
B.
Such pools shall not be subject to the requirements of § 180-5A, pertaining to the distance of the pool from boundary lines, etc., unless an enlargement or change of facilities is sought.
C.
Such pools, however, shall be subject to all the provisions
and requirements relating to the safety and sanitation in the construction
and maintenance of the same as incorporated herein or as set forth
in any state and borough regulatory code pertaining thereto.
[Amended 6-8-2022 by Ord. No. 2022-08]
A.
Application. Before excavation or any other work is commenced on
the construction of a pool or the alteration, enlargement, remodeling
or other improvement thereof, an application shall be made to the
Construction Code Official which shall be accompanied by final plans,
specifications and reports in duplicate showing the following data:
(1)
Detailed plat plan of the entire property showing existing structures
on the premises and adjoining premises, the location of nearby septic
tanks, disposal fields and seepage pits and the proposed pool drawn
to scale, with pertinent dimensions and grade elevations shown at
pool, building and property lines.
(2)
Detailed plans to scale with dimensions and specifications for the
construction of the pool or other change in existing pools, including
piping arrangement; pumps; water treatment facilities, including operating
instructions therefor; source of water to be used and a report showing
quality thereof for potable purposes; provisions for emptying pool
and disposal of wastewater; and all other facilities proposed by the
applicant or required by this chapter.
B.
Exception. Neither an application nor a permit for construction or
installation of a wading pool is required.
C.
Issuance of permit. When the plans and specifications are filed in
a form complying with this chapter and they have been approved by
the Construction Code Official and the Zoning Officer, a permit to
construct the same shall be issued. Upon completion, no pool shall
be used until inspected by the Construction Code Official and the
Zoning Officer, and a certificate of occupancy has been issued by
the Construction Code Official. All pool construction and inspections
must be completed within 60 days of the issuance of the permit.
D.
Fees. Fees shall be as set forth in § 76-14A(1)(f) of the Code of the Borough of Barnegat Light.
[Amended 8-28-1995 by Ord. No. 95-148; 12-14-2016 by Ord. No. 2016-013; 6-8-2022 by Ord. No. 2022-08]
A.
No swimming pool shall be constructed or installed on any lot unless
a residential dwelling is located upon the lot or unless the lot is
located immediately adjacent to the owner's residence.
B.
No swimming pool shall be installed within 30 feet of any street
line or closer to the street than the existing building setback line,
whichever is greater.
C.
The distance from any side and the rear lot line to the inside face
of the closest swimming pool, wading pool or hot tub wall shall not
be less than the minimum building side and rear setback requirements
of the zone.
D.
All pumps and filtration systems shall be located not closer than
five feet to any property line, but not interfere with side property
setbacks.
E.
No swimming pool shall be constructed within 10 feet of the foundation
wall of any dwelling, whether such dwelling shall be on the same premises
on which the swimming pool is to be constructed or on adjacent premises.
[Amended 12-14-2016 by Ord. No. 2016-013; 3-11-2020 by Ord. No. 2020-05]
A.
All material used in the construction of a swimming pool licensed
hereunder shall be of durable quality and waterproof and so designed
as to facilitate its emptying and cleaning. Aluminum paint shall not
be used as a finish. The pool's side and bottom shall be smooth and
free from cracks and open joints. Inlets shall be so located and spaced
as to secure satisfactory dispersion of inflowing waters throughout
the pool and to permit the draining, cleaning and disinfection of
the bottom and sides. Sand or earth bottom shall not be used.
B.
Dewatering.
(1)
No dewatering shall be permitted between June 15 and September 15
of any calendar year.
(2)
Groundwater pumped to the surface either during construction or for
any other maintenance requirements must be directed via flex pipe
with a silt bag/filter (properly maintained) into the nearest storm
drain. No dirt, silt, sand or runoff debris of any kind shall be permitted
or caused to accumulate on the public streets.
(3)
Notice to the Borough Zoning Office shall be required at least 48
hours prior to the start of any pumping for dewatering of any swimming
pool project.
(4)
All dewatering for swimming pools, including excavation and seasonal
draining, shall be completed within 15 days from the start of the
pumping.
(5)
No rubbish, debris or litter of any kind shall be permitted to remain
or accumulate in or about the swimming pool during construction.
(6)
All swimming pools shall be maintained and operated so as to not
cause unreasonable noise, nuisance or annoyance to neighboring property
owners or residents.
In addition to the provisions in this chapter,
the construction, installation, maintenance and operation of any private
swimming pool within the borough shall be subject to the following
matters:
A.
The grade of the area surrounding the pool or its
construction shall not allow the flow of surface water into the pool.
B.
The water to be used for filling or makeup purposes
shall be of drinking water quality, and the pool shall not be filled
from other bodies of water not meeting these standards. No cross connection
between a pool and a public water supply is permitted.
C.
The pool shall be equipped with a pressure filter,
having a relief valve, a diatomaceous filter or an approved equal
having sufficient capacity to provide complete recirculation of the
pool water in 18 hours or less.
[Amended 12-14-1990 by Ord. No. 90-44]
A.
The drainage from a swimming pool may be drained into
the sanitary sewer system, with the prior permission of the borough.
[Amended 7-16-1997 by Ord. No. 97-8]
B.
Where a pool cannot be drained as provided in Subsection A, it may be drained in any other manner that the Health Officer may specify.
C.
In no case shall the drainage from a private pool
be permitted to flow onto any public street without the permission
of the borough or onto the premises of any abutting property owner.
A.
Every private swimming pool subject to the provisions
of this chapter shall be completely enclosed by a fence of durable
construction not less than four feet and not more than six feet in
height, notwithstanding the provisions of any ordinance, or by a wall
of a building or structure, provided that, in the case of a portable
pool, in lieu of such enclosure the pool may be covered with a suitable
strong covering, the covering to be secured in place when not in use.
The enclosure shall be provided with one or more substantial gates
or doors of at least the height of the fence, and the enclosure and
gates or doors thereof shall be so designed and constructed as to
reasonably prevent any person from gaining access beneath, through
or over the same. Every gate or door of such fence shall be kept securely
locked at all times when the pool is not in use. Any access ladder
or steps used in connection with a portable-type swimming pool shall
be removed from the pool when the same are not in use.
B.
Lights used to illuminate any swimming pool shall
be so arranged and shaded as to reflect light away from adjoining
premises.
C.
Electrical fixtures, wiring and the installation thereof
used in connection with the swimming pool shall conform to the standards
of the National Board of Fire Underwriters for electrical wiring and
apparatus.
[Added 7-16-1997 by Ord.
No. 97-8; amended 6-8-2022 by Ord. No. 2022-08]
B.
In addition,
the Borough Code Enforcement Officer shall have the power to revoke
any permit and issue a stop-work order where the requirements of this
chapter are being violated, and to issue violation notices assessing
a penalty of $200 per day until any such violation is abated and brought
into compliance.
