Township of Cedar Grove, NJ Chapter 237 Swimming Pools, Private

[HISTORY: Adopted by the Township Council of the Township of Cedar Grove 6-27-1957, Ch. 21, Art. 2, of the former Revised Ordinances. Amendments noted where applicable.]

GENERAL REFERENCES

Land use procedures — See Ch. 38.

Building construction — See Ch. 102.

Uniform construction codes — See Ch. 119.

Housing standards — See Ch. 158.

Hydrants and sprinklers — See Ch. 161.

Public health nuisances — See Ch. 179.

Plumbing — See Ch. 194.

Property maintenance — See Ch. 197.

Sewers — See Ch. 217.

Soil removal — See Ch. 226.

Public swimming pools — See Ch. 239.

Water — See Ch. 259.

Wells, cisterns and holes — See Ch. 265.

Zoning — See Ch. 268.

STATUTORY AUTHORITY

Authority to adopt general police regulations — See N.J.S.A. 40:69A-29.

§ 237-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

PRIVATE SWIMMING POOL

Includes artificially constructed swimming pools or tanks and portable pools, together with all walkways which are above ground level, railings, fences and other appurtenances forming an integral part of the pool or tank, established or maintained upon any premises by any individual for his own or his family's use or for use by guests of his household.

[Amended 11-4-1974 by Ord. No. 74-22]

WADING POOL

Includes artificially constructed pools not designed or used for swimming, with a maximum area of 120 square feet and a maximum pool depth of 24 inches.

§ 237-2 Permit required.

A. It shall be unlawful to establish or construct a private swimming pool without first having obtained a permit therefor in the manner hereinafter prescribed.

B. No permit shall be required for a wading pool.

§ 237-3 Application procedure.

[Amended 8-7-1961; 1-14-1974 by Ord. No. 74-22]

Application for a permit under this chapter shall be made to the Township Building Inspector by the owner of the property. The application shall be accompanied by two sets of plans and specifications or proper descriptive brochures.

§ 237-4 Review of application; issuance of permit.

[Amended 8-7-1961; 1-14-1974 by Ord. No. 74-22]

The Building Inspector shall not pass on the structural features or durability of the proposed private swimming pool but shall review the application for compliance with the rules and regulations hereinafter set forth. If the application complies with such rules and regulations, has been approved by the Department of Health and the proposed private swimming pool is one which is totally above ground, the Building Inspector shall issue a permit for the construction or installation of such pool. If the application complies with the rules and regulations, has been approved by the Department of Health and the proposed private swimming pool is one which is not totally above ground, the Building Inspector shall, within five days after receipt of the application, or following any additional length of time as agreed to by the applicant, file said application with the Planning Board which shall review the application in accordance with the site plan requirements for drainage and landscaping. If the proposed private swimming pool is one which is not totally above ground, the Building Inspector shall issue a permit for the construction or installation of such pool only after approval of the application by the Planning Board. The Planning Board shall take action in passing on the application within 45 days from receipt of the application or within any additional time as agreed to by the applicant. If the Planning Board fails to take action within such a time period, the application shall be deemed to have been approved by the Planning Board.

§ 237-5 Fees.

[Amended 8-7-1961; 11-7-1988 by Ord. No. 88-326]

A. The minimum fee for a permit issued under this chapter shall be $100. If the construction costs of the private pool shall be in excess of $1,000, there shall be charged an additional fee in accordance with the schedule of fees for a building permit prescribed in Section 118.2 of the Basic Building Code as changed and modified by the Building Code of the Township, as set forth in § 102-3 of the Code of the Township of Cedar Grove.

[Amended 11-4-1974 by Ord. No. 74-22]

B. Permit fees shall be collected by the Building Inspector at the time of the issuance of the permit.

§ 237-6 Construction materials.

All material used in the construction of private 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.

§ 237-7 Water supply.

There shall be no physical connection between a potable public or private water supply system at a point below the maximum flow line of the pool or to a recirculating or heating system of a pool unless such physical connection is so installed and operated that no pool water can be discharged or siphoned into a potable water supply system.

§ 237-8 Drainage system.

[Amended 11-4-1974 by Ord. No. 74-22; 11-7-1988 by Ord. No. 88-326]

All private swimming pools hereinafter constructed shall be provided with not over one two-inch diameter galvanized-iron pipe, or equal drain approved by the Township Engineer, extending from said pool to either a brook or storm sewer.

§ 237-9 Water supply standards; test equipment.

A. All private swimming pools, when open for use, shall at all times be maintained and operated so that the water quality shall meet the following standards:

(1) Bacterial. Free chlorine residual in excess of 0.3 parts per million, or not more than one positive confirmed coliform test in any fifty-cubic-centimeter portion.

(2) Chemical. The water shall be alkaline as measured by a pH test.

(3) Physical. The clarity shall be such that a black and white disk, six inches in diameter, is visible at the bottom of the pool at the deepest point.

B. Equipment necessary for daily chemical testing shall be kept on the premises at all times when the pool is in operation.

§ 237-10 (Reserved) [1]

[1] Editor's Note: Former § 237-10, Location requirements, amended 8-7-1961 and 11-4-1974 by Ord. No. 74-22, was repealed 3-6-1989 by Ord. No. 89-340.

§ 237-11 Lighting.

No artificial lighting shall be maintained or operated in connection with said pool in such manner as to be a nuisance or an annoyance to neighboring properties.

§ 237-12 Fencing requirements.

Every private swimming pool shall be completely enclosed by a fence not less than 48 inches high, of durable construction, with openings no greater than six inches and having at least one gate. Where possible, the fence should be located at least three feet from the edge of the pool. The gate or gates shall remain securely locked at all times when the pool is not in use.

§ 237-13 Compliance required; enforcement.

Every private swimming pool constructed or to be constructed in the Township shall at all times comply with the requirements of all health authorities having jurisdiction in the premises, and any nuisance or hazard to health which may exist or develop in or in consequence of or in connection with any such swimming pool shall forthwith be abated and removed by the person in possession of such pool, upon receipt of notice from the Building Inspector, Health Officer or other designated official named by the Department of Health.

§ 237-14 Violations and penalties.

[Amended 12-17-1962; 7-30-1984 by Ord. No. 84-222; 10-23-2006 by Ord. No. 06-656]

Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $2,000 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.