[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.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any above-surface-type pool of more than one-hundred-cubic-foot
capacity, not stationary or fixed, and capable of being removed for
storage.
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.
As used herein, shall have the meaning for such term as found
in N.J.A.C. 8:26-1.1 et seq.
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.
