[HISTORY: Adopted by the Township Committee of the Township of Washington
12-8-1981. Amendments noted where applicable.]
The purpose of this chapter shall be to provide rules, regulations and
standards for the maintenance of swimming pools in the township in order to
promote the public health, safety, convenience and general welfare of the
township.
The provisions of this chapter shall be administered by the Building
Inspector or Zoning Officer.
As used in this chapter, the following terms shall have the meanings
indicated:
Any above-surface type of swimming pool constructed of canvas, rubber,
plastic or other material not designed or intended to be stationary or permanently
fixed, but designed and intended to be removed and stored.
Any private pool, whether permanently constructed or the portable
type, having a depth of more than 18 inches below the level of the surrounding
land, or any above-surface pool having a depth of more than 18 inches, and
in each case a surface area exceeding 100 square feet, designed, used and
maintained for swimming or bathing purposes by an individual for use by members
of his household and guests.
Any shallow pool not included under the definition of "private swimming
pool."
[Amended 7-16-1996 by Ord.
No. 96-9]
An outdoor, private swimming pool, including an in-ground, abovegound
or on-ground pool, shall be provided with a barrier, which shall comply with
the following:
A.Â
The top of the barrier shall be at least 48 inches (1,219
millimeters) above finished ground level measured on the side of the barrier
which faces away from the swimming pool. The maximum vertical clearance between
finished ground level and the barrier shall be two inches (51 millimeters)
measured on the side of the barrier which faces away from the swimming pool.
Where the top of the pool structure is above finished ground level, such as
an aboveground pool, the barrier shall be at finished ground level, such as
the pool structure, or shall be mounted on top of the pool structure. Where
the barrier is mounted on top of the pool structure, the maximum vertical
clearance between the top of the pool structure and the bottom of the barrier
shall be four inches (102 millimeters).
B.Â
Openings in the barrier shall not allow passage of four
inches (102 millimeters) in diameter.
C.Â
Solid barriers shall not contain indentations or protrusions,
except for normal construction tolerances and tooled masonry joints.
D.Â
Where the barrier is composed of horizontal and vertical
members and the distance between the tops of the horizontal members is less
than 45 inches (1,143 millimeters), the horizontal members shall be located
on the swimming pool side of the fence. Spacing between vertical members shall
not exceed 1Â 3/4 inches (44 millimeters) in width.
E.Â
Where the barrier is composed of horizontal and vertical
members and the distance between the tops of the horizontal members is 45
inches (1,143 millimeters) or more, spacing between vertical members shall
not exceed four inches (102 millimeters). Decorative cutouts shall not exceed
1Â 3/4 inches (44 millimeters) in width.
F.Â
Maximum mesh size for chain-link fences shall be a one-and-one-fourth-inch
(thirty-two-millimeter) square, unless the fence is provided with slats fastened
at the top or the bottom which reduce the openings to not more than 1Â 3/4
inches (44 millimeters).
G.Â
Access gates shall comply with the requirements of Subsections A through F of this section and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outward away from the pool and shall be self-closing and have a self-latching device. Gates, other than pedestrian access gates, shall have a self-latching device. Where the release mechanism of this self-latching device is located less than 54 inches (1,372 millimeters) from the bottom of the gate, the release mechanism shall be located on the pool side of the gate at least three inches (76 millimeters) below the top of the gate, and the gate and barrier shall not have an opening greater than 1/2 inch (13 millimeters) within 18 inches (457 millimeters) of the release mechanism.
H.Â
Where a wall of a dwelling serves as part of the barrier,
one of the following shall apply:
(1)Â
All doors with direct access to the pool through the
wall shall be equipped with an alarm which produces an audible warning when
the door and its screen, if present, are opened. The alarm shall sound continuously
for a minimum of 30 seconds immediately after the door is opened. The alarm
shall have a minimum sound pressure rating of 85 dBA at 10 feet (3,048 millimeters),
and the sound of the alarm shall be distinctive from other household sounds
such as smoke alarms, telephones and doorbells. The alarm shall automatically
reset under all conditions. The alarm shall be equipped with manual means,
such as touchpads or switches, to deactivate temporarily the alarm for a single
opening from either direction. Such deactivation touchpads or switches shall
be located at least 54 inches (1,372 millimeters) above the threshold of the
door.
(2)Â
The pool shall be equipped with an approved power safety
cover.
I.Â
Where an aboveground pool structure is used as a barrier
or where the barrier is mounted on top of the pool structure and the means
of access is a fixed or removable ladder or steps, the ladder or steps shall
be surrounded by a barrier which meets the requirements of all the items herein.
A removable ladder shall not constitute an acceptable alternative to enclosure
requirements.
J.Â
Barriers shall be located so as to prohibit permanent
structures, equipment or similar objects from being used to climb the barriers.
This chapter shall apply to all new and existing private pools, except
where otherwise indicated herein, and shall take effect as provided by law.
Any person, firm or corporation who shall violate any of the provisions
of this chapter shall, upon conviction thereof, be liable to punishment by
a fine of not more than $500, or, in the case of individuals, may be imprisoned
in the County Jail for not more than 90 days, or both such fine and imprisonment,
for each offense, at the discretion of the Judge before whom such conviction
is had. Each day the violation thereof shall be allowed to continue shall
be considered a new and separate offense.
