Township of Clark, NJ
Union County
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Table of Contents
Table of Contents
[HISTORY: Derived from Ch. XVIII of the 2002 Revised General Ordinances, adopted by the Township Council of the Township of Clark 12-16-2002 by Ord. No. 02-27. Amendments noted where applicable.]
GENERAL REFERENCES
Swimming pools — See § 195-210.
Public health nuisances — See Ch. 227.
As used in this chapter, the following terms shall have the meanings indicated:
PORTABLE POOL
Any above-surface-type pool of more than one-hundred-cubic-foot capacity, not stationary or fixed, and capable of being removed for storage.
PRIVATE SWIMMING POOL
Includes any pool of water having a water depth in excess of 18 inches and an area greater than 120 square feet, designed, used and maintained for swimming purposes by an individual for use by his/her household and guests, without fees, and located on property owned, leased or otherwise used and maintained by the owner of such swimming pool.
SWIMMING POOL
As used herein, shall have the meaning for such term as found in N.J.A.C. 8:26-1.1 et seq.
WADING POOL
As used herein, shall have the meaning for such term as found in N.J.A.C. 8:26-1.1 et seq.
A. 
Private pools. All private swimming pools, now existing or hereafter constructed, installed, established or maintained, with the exception of wading and portable pools, shall be completely and continuously surrounded by a permanent durable wall, fence or barrier not less than four feet in height above grade. The wall, fence or barrier shall be so constructed as to have no opening, mesh, hole or gap larger than two inches in any dimension, except for doors and gates; provided, however, if a picket fence is erected or maintained, the horizontal dimension of any gap or opening shall not exceed 2 1/2 inches. A dwelling house or accessory building may be used as part of such enclosure. All gates used in conjunction with any of the above-described enclosures shall conform to the specifications required above as to height and dimensions of openings, mesh, holes or gaps in the case of fences. All gates and doors shall be equipped with self-closing and self-latching devices for keeping the gate or door securely closed at all times when not in actual use. Gates and doors shall be locked when the pool is not in use or is unguarded or unattended.
B. 
Outdoor wading pools or portable pools. Every outdoor wading pool or portable pool shall be enclosed by a durable wall, barrier or fence as described in the preceding subsection, unless such outdoor wading pool or portable pool is:
(1) 
Emptied when not in use or unattended; or
(2) 
Covered with a suitable, strong protective covering, securely fastened or locked in place, when not in use or unattended. A cover shall be considered to be of sufficient strength and securely fastened or locked in place if, when fastened or locked in place, it will support a minimum dead weight of 100 pounds.
C. 
Fence or barrier exemption; certificate of substantial compliance. Any person now owning or maintaining an outdoor swimming or wading pool presently enclosed by a fence or barrier which substantially complies with the requirements of this chapter may be exempted from the strict requirements hereof until such time as he/she may substantially alter, remove, replace or rebuild such fence, upon obtaining from the Bureau of Health a certificate of substantial compliance as hereinafter provided.
(1) 
"Substantial compliance," for the purposes of this chapter, shall mean and include any fence or barrier which now or hereafter shall be maintained at a minimum height of 42 inches above grade and have no opening, mesh, hole or gap larger than four inches in any dimension.
(2) 
A certificate of substantial compliance may be granted by the Bureau of Health upon written application and establishing, to the satisfaction of the Bureau of Health in such a manner as shall be prescribed by the Bureau of Health, that the applicant's fence is maintained in substantial compliance with the requirements of this chapter.
Every private, public or portable swimming pool which is constructed, installed, established or maintained in the Township shall be registered by the owners thereof with the Bureau of Health of the Township within 15 days of completion of construction or erection or, in the case of portable swimming pools, within 15 days of erection or re-erection.
Every private, public, wading or portable swimming pool which is constructed, installed, established or maintained in the Township shall at all times comply with the requirements of the Bureau of Health. Any nuisance or hazard to health which may exist or develop in consequence of or in connection with any such private or public swimming pool, wading pool or portable pool shall be forthwith abated and removed by the owner, lessee or occupant of the premises on which the pool is located, upon receipt of notice from the Health Officer and/or Sanitary Inspector of the Township.
It shall be the duty of the Health Officer and/or Sanitary Inspector to enforce the provisions of this chapter.
The owner or operator of any pool within the Township shall allow the Health Officer and/or Sanitary Inspector, or other authorized official, access to any public or private swimming pool, wading pool or portable pool and appurtenances thereto for the purpose of inspection to ascertain compliance with this chapter and all other pertinent Township ordinances at all reasonable times.
Chapter IX, Public Recreational Bathing, of the New Jersey State Sanitary Code (N.J.A.C. 8:26-1.1 et seq.) and Chapter 4A, Public Swimming Pools and Places, of Title 26 of the New Jersey Statutes (N.J.S.A. 26:4A-4 et seq.) are hereby incorporated into this Chapter 316 in their entirety by reference.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Article III, General Penalty.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).