[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Editor's Note: This ordinance also repealed former Ch.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:
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.
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.
A unit of land upon which exists a residence building.
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.
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.
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:
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.
