[HISTORY: Adopted by the Borough Council of the Borough of Caldwell 9-18-2012 by Ord. No. 1259-12.[1]Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 81.
Swimming pool contractors — See Ch. 83.
Zoning — See Ch. 250.
Fees — See Ch. A270.
[1]
Editor's Note: This ordinance also repealed former Ch. 214, Swimming Pools, which comprised Art. I, Private Swimming Pools, adopted 11-16-1964 by Ord. No. 452 as Ch. 22A of the 1964 Code, as amended; and Art. II, Public Swimming Pools, adopted 5-8-2001 by Ord. No. 1103-01.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
APPROVED
Accepted or acceptable under applicable specifications stated in this chapter or accepted or suitable for the proposed use under the procedures and powers of administration delegated in this chapter.
CONSTRUCT
The construction, building, erection, creation or installation of a new private swimming pool as designed or the alteration or enlargement of an existing pool or its accessory buildings, structures or facilities.
LOT OF LAND
A unit of land upon which exists a residence building.
PORTABLE POOL
Any aboveground surface swimming, bathing or wading pool that is constructed of canvas, rubber, plastic or other material that is not designed or intended to be stationary or permanently fixed, but one which is so designed and intended as to be removable and stored each year at the end of the normal summer season.
PRIVATE SWIMMING POOL
All swimming pools, bathing pools, wading pools or tanks of artificial construction, whether permanently installed or portable, collapsible or otherwise, having a depth of 24 inches or greater, or having a volume in excess of 150 cubic feet, established or maintained by any person upon any premises occupied by not more than two families for the use of the occupants of such residence and their guests.
PRIVATE SWIMMING POOL (Public Pool)
A pool, other than a residential pool, that is intended to be used for swimming or bathing and is operated by an owner, lessee, operator, licensee, or concessionaire, regardless of whether a fee is charged for use. Public pools shall be further classified and defined as follows: a pool intended for public recreational use.
[Added 11-19-2019 by Ord. No. 1371-19]
[Amended 11-19-2019 by Ord. No. 1371-19]
A. 
It shall be unlawful to establish or install or alter a private swimming pool, or public swimming pool other than a portable pool, within the Borough without first having obtained a permit therefor in the manner hereinafter prescribed.
B. 
It shall be unlawful for any person to maintain or use a private swimming pool or public swimming pool that is not in conformity with the requirements of this chapter.
Application for a permit shall be made on a form prescribed by the Construction Official, by the owner of the property or his duly authorized agent. The application shall be filed with the Building Department and shall be accompanied by the following:
A. 
Plans and specifications, including method of construction in detail, drawn to scale and including all dimensions.
B. 
A plot plan drawn to scale, depicting the property lines of the premises within which the swimming pool is to be installed or constructed, the location of the proposed swimming pool, the existing house and other structures, and the location of all proposed accessory buildings or structures.
C. 
Any other information that may be required by the Borough Plumbing Inspector or the Borough Health Officer.
A. 
The Construction Official shall issue a permit for the construction, installation or alteration of a pool when the application, plans and specifications and other information have been approved by the Borough Plumbing Inspector and the Borough Health Officer, and further provided that the plans and specifications and other information filed are found to be in compliance with the Borough Building Code and with all other rules and regulations of this chapter.
B. 
Upon completion of construction in accordance with this chapter, the owner of the private swimming pool or public swimming pool shall be issued a permit to use and operate the pool. Thereafter, the owner of the private swimming pool or public swimming pool shall be allowed to operate the private swimming pool or public swimming pool, provided that the pool meets all of the requirements of this chapter and of any other chapter contained in the Borough Code in any way governing private swimming pools.
[Amended 11-19-2019 by Ord. No. 1371-19]
The fees set forth in Chapter A270, Fees, shall be paid for each permit indicated, and such fee shall accompany the application for such permit.
All materials used in the construction of swimming pools shall be of a durable quality and waterproof and shall be so designed as to facilitate the emptying and cleaning of such pools. The bottom and sides of all pools shall be either white or of a light color, except that aluminum paint shall not be used as a finish. Sand or earth bottoms shall not be permitted.
A. 
No private swimming pool or wading pool shall be constructed or installed on any lot unless upon said lot there exists a residence building. No private swimming pool or wading pool or part thereof, other than a portable pool, shall be constructed or installed:
(1) 
Nearer to the street line of which said premises front than a line 10 feet to the rear of the building setback line as established by the Zoning Ordinance of the Borough of Caldwell.[1]
[1]
Editor's Note: See Ch. 250, Zoning.
(2) 
Nearer than 10 feet to the rear property line.
(3) 
Nearer than 10 feet to any side property line.
(4) 
Nearer than 10 feet to any exit door of the residence building.
B. 
Bathhouses, sun decks, buildings or structures to house mechanical equipment or for storage purposes shall be considered as accessory buildings and shall be located in accordance with the Borough Zoning Ordinance.
C. 
The minimum rear yard area of any lot as required by the Zoning Ordinance shall not be occupied or have built upon it any swimming pool or any accessory buildings or structures in excess of 30% of the required yard area.
The Borough Zoning Board or Planning Board, as the case may be, shall have the power to grant variance approval to the regulations in this section where, by reason of exceptional narrowness or shallowness or shape of a specific lot or by reason of exceptional topographic conditions or extraordinary or exceptional conditions of such lot, the strict application of the terms of this chapter would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of such lot; provided, however, that no exception shall be granted under this section unless such exception can be granted without substantial detriment to the public good and unless such exception will not substantially impair the intent and purpose of this chapter.
A. 
There shall be no physical connection between a potable public or private water supply system and such pools or their circulating systems. Potable water for makeup and filling purposes shall be introduced into a pool by means of a discharge pipe or hose turned downward either over a float-controlled surge tank or over the pool itself, having in either case an air-gap of at least six inches between the orifice of the discharge pipe or hose and the pool or the tank overflow level.
B. 
No water for the operation of a pool furnished by the Borough shall be drawn for such operation and use during any time when restrictions are enacted against use of water for any purpose other than normal domestic use.
[Amended 11-19-2019 by Ord. No. 1371-19]
All private swimming pools or public swimming pools other than portable pools shall be provided with not over one two-inch-diameter galvanized iron pipe or approved equal drain extending from such pool to either a brook, adequate dry well, storm sewer or sanitary sewer where capacity is adequate as determined by the Borough Engineer, or, in the instance of small portable pools, by a suitable method approved by the Borough Engineer and Health Officer. No pool drain shall be connected directly to the sanitary sewer system at a point or in such a manner as could cause a backup of water within the house sewer line system itself or cause a cross connection. Where only a sanitary system is available for the discharge of pool water, such discharge will be permitted into such sanitary sewer only upon a permit from the Borough Engineer and at such time or times as designated by such Engineer.
Until such time as the Board of Health of Caldwell promulgates rules and regulations concerning pools, all pools other than portable pools shall be constructed, installed and maintained so as to provide necessary equipment for chlorination and other disinfection, filtering and recirculation of the pool water so as to comply with the following approved bacteriological standards. Testing samples shall be taken at the discretion of the Health Officer:
A. 
Not more than two samples, when less than 20 samples have been examined, shall contain more than 200 bacteria per cubic centimeter, or shall show positive test (confirmed) for Bacillus Coli, also zero coliform by plating technique of any of five ten-cubic-centimeter portions of water at times when the pool is in operation.
B. 
All private swimming pools or public swimming pools constructed within the Borough shall have chlorinated materials or equipment of acceptable capacity and design which will provide in the water at all times when the pool is in use a residual of not less than 4/10 parts per 1,000,000 or more than 6/10 parts per 1,000,000 or an excess residual of chloramine of not less than 7/10 parts per 1,000,000 or more than one part per 1,000,000. Equipment necessary for daily chemical testing shall be kept on the premises at all times when the pool is in operation.
[Amended 11-19-2019 by Ord. No. 1371-19]
A. 
No overhead current carrying electrical conductors shall cross swimming pools or be located within 10 feet of such pools.
B. 
All metal fences, enclosures or railings near or adjacent to swimming pools, which might become electrically alive as a result of contact with broken overhead conductors or from any other cause, shall be effectively grounded.
C. 
Lights used to illuminate any swimming pool shall be so arranged and shaded as to reflect light away from adjoining premises or streets so as not to cause a nuisance or an annoyance to occupants of neighboring properties or to create traffic hazards.
D. 
Underwater lights shall be prohibited unless they are of the low-voltage type.
All areas surrounding a pool shall be made and kept neat and attractive so as to be in conformity with surrounding property, and no rubbish, debris or litter shall be permitted to remain or accumulate in or about the pool.
[Amended 11-19-2019 by Ord. No. 1371-19]
Before water is permitted to flow into a private swimming pool or public swimming pool, other than a portable pool, a permanent fence constructed of durable material of not less than four feet nor more than six feet in height shall be installed so as to effectively exclude small children and so as to completely enclose the pool. A dwelling house or accessory building may be used as part of such enclosure. The fence shall be provided with a gate or gates which shall be kept locked at all times when the pool is not in use or attended. The type of fence shall be such that no opening in the same shall exceed four inches in width. All access ladders and steps used in connection with a portable type of swimming pool shall be removed from the pool when the same is not in use.
[Amended 11-19-2019 by Ord. No. 1371-19]
A. 
The owner of a private swimming pool or public swimming pool or any other person in charge of the premises upon which such pool is located shall not use or permit such pool to be used by bathers except during daylight hours unless such pool while in use is adequately lighted by artificial means so that all portions thereof may be clearly seen by a person with ordinary vision stationed adjacent to the edge of such pool.
B. 
The owner of a public swimming pool or any other person in charge of the premises upon which such pool is located shall not be used by bathers except during daylight hours from 9:00 a.m. to 4:00 p.m., Monday through Friday, the last week of June to the first week of August.
All pools shall be maintained and operated so that they do not cause noise, nuisances or annoyance to neighboring property owners or citizens and residents of the Borough.
The provisions of this chapter are in addition to those contained in Chapter 81, Construction Codes, Uniform, and any conflict between the two will be decided in favor of the more stringent regulations.
The owner of any private swimming pool within the Borough shall allow the Construction Official, Health Officer, Plumbing Inspector or other official authorized by the Borough Council access to the pool, and all accessory buildings, structures and equipment, for the purpose of inspection to ascertain compliance with this chapter at all reasonable times. Any nuisance or hazard to health which may exist or develop in or in consequence of or in connection with any such swimming pool or any violation of this chapter shall forthwith be abated and removed by the person in possession of such pool upon receipt of notice from the Construction Official, Health Officer or other designated official so requiring.
Any person who violates any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $2,000, imprisonment for a term not exceeding 90 days, a period of community service not exceeding 90 days, or a combination thereof. Each day that the violation is permitted to exist or continue or occur shall constitute a separate offense.