[HISTORY: Adopted by the Mayor and Council of the Borough
of Red Bank as Ch. XIV of the 1987 Revised General Ordinances. Amendments
noted where applicable.]
[Amended by Ord. No. 9-65]
As used in this chapter, the following terms shall have the
meaning indicated:
Includes either outdoor or indoor, above or below grade level,
public or private pools which are installed or constructed to provide
recreational facilities for swimming, bathing or wading.
Includes a pool not designed for or capable of being used
for swimming, with a maximum area not exceeding 120 square feet and
a maximum water depth not exceeding 12 inches.
[Added by Ord. No. 81-65]
It shall be unlawful to establish or construct a swimming pool
without first obtaining a permit therefor from the Director of Public
Utilities in the manner hereinafter prescribed. No permit shall be
required for a wading pool.
Application for a permit to construct a swimming pool shall
be accompanied by four sets of plans and specifications, or in lieu
thereof, brochures sufficiently descriptive and detailed for the Construction
Official's purposes, and in addition to the foregoing, a detailed
description of the method of disposal and discharge of the water from
such swimming pool. The application shall also contain an affidavit
that the applicant is the owner of the premises whereon the pool will
be located and that no permission for the construction of such swimming
pool on the premises is required of any other persons having an interest
therein. Following receipt of the aforesaid by the Construction Official,
he shall thereafter examine and inspect the proposed site of the swimming
pool. If the Construction Official is satisfied with respect to the
structural features of the proposed pool and the proposed method of
drainage or discharge of the pool water, he shall submit a copy of
the application and the plans and specifications or brochures to the
Board of Health with a request that the Board review the same for
the purpose of assuring that the health and sanitary features and
equipment of the pool are in accordance with health laws, ordinances
and regulations. If the Board of Health approves the application,
it shall cause a statement to that effect to be endorsed on the application
and return the same to the Construction Official. The Construction
Official may then issue the permit; provided, however, he shall have
physically inspected the premises where the swimming pool will be
located and certify such inspection on the permit.
[Added 1-18-1965]
All material used in the construction of private swimming pools
shall be waterproof and easily cleaned. The bottom and sides of the
pool shall be either white or a light color, except that aluminum
paint shall not be used as a finish. Sand or earth bottoms shall not
be used.
There shall be no physical connection between a potable public
or private water supply system, and such pools at a point below the
maximum flow line of the pool or to a recirculating or heating system
of a pool unless such physical connection is so installed and operated
that no pool water can be discharged or siphoned into a potable water
supply system.
[Added by Ord. No. 81-65]
A.
No water from a swimming pool shall be emptied or discharged so that
the same flows into, on or along a public street or road.
B.
All private swimming pools hereafter constructed shall be provided
with not over one two-inch diameter galvanized iron pipe or approved
equal drain extending from the pool to a brook, other natural watercourse
or storm sewer; provided, however, that if the drain should be connected
to a storm sewer, the permit for the construction of the swimming
pool shall not be issued without the written approval of the Director
of Public Utilities having first been granted, which approval shall
not be granted by the Director of Public Utilities if, in his opinion,
the effectiveness of the storm drain would be impaired by the proposed
connection.[1]
C.
If such connection to the storm drain is permitted, it shall be made
under the supervision of, and in accordance with the specifications
approved by the Director of Public Utilities. The fee payable by the
applicant to the Borough for the supervision by the Director of Public
Utilities shall be $35, and no permit shall be issued until the fee
shall have been paid.[2]
D.
In the event that the proposed method of drainage or discharge of
the water from the pool is not into a brook or other watercourse or
into a storm sewer as hereinabove provided, facilities may be provided
so that such pool may be emptied, discharged or drained by spraying
the water therefrom upon the property of the owner on or in which
the pool is located, but only if such facilities and method of drainage
are practicable in that the owner's property is capable of absorbing
the water at the rate at which it is proposed to discharge the same
thereon and that such discharge or water thereon will not adversely
affect the operation of any sewage disposal system or run into or
affect any abutting property, public or private.
E.
The pool shall so be situated that former surface water shall drain
away from the pool.
All private swimming pools shall be so constructed, installed
and maintained as to provide necessary equipment for chlorination
and other disinfection and filtering to comply with approved bacteriological
standards as may be promulgated by regulations issued by the Board
of Health of the Borough of Red Bank. Such water treatment facilities
shall be located below grade; if above grade, be enclosed by a suitable
structure.
[Added by Ord. No. 335-74; amended by Ord. No.
356-74; 5-27-1981]
For the purpose of this chapter, a swimming pool or wading pool
shall be an accessory to a residential use within the meaning of the
Building Zone Ordinance of the Borough of Red Bank[1] and the size and location of such swimming pool or wading
pool shall be governed by the zoning ordinance as an accessory to
a residential use.
Every swimming pool shall have a non-swimming area constituting
not less than 25% of the entire pool area, which non-swimming area
shall not have a depth of more than four feet; in the event a diving
board or platform is used in conjunction with the swimming pool, the
depth of such swimming pool for diving purposes shall be as follows:
|
Height
(feet)
|
Diving Board or Platform
(meters)
|
Minimum Water Depth
(feet)
|
|---|---|---|
|
1 to 3
|
1
|
7
|
|
3 to 5
|
8
| |
|
5 to 8
|
9
| |
|
8 to 10
|
3
|
10
|
No artificial lighting shall be maintained or operated in connection
with the pool in such a manner as to be a nuisance to or an annoyance
to neighboring properties.
[Amended 10-7-1974]
All outdoor swimming pools shall be enclosed by a substantial
fence not less than 48 inches in height, so constructed as to prevent
within reason any person from gaining access beneath or through the
fence and which shall have a similarly substantial gate of the same
height as the fence, with facilities for locking the gate when the
pool is unguarded.
The swimming pool gate is to be kept closed at all times except
when opened for the purpose of ingress or egress.
Every private swimming pool constructed or to be constructed
in the Borough shall at all times comply with the requirements of
this chapter and all health authorities having jurisdiction in the
premises, and any violation, nuisance or hazard to health which may
exist or develop in consequence of or in connection with any such
swimming pool, shall forthwith be abated and removed by the person
in possession of such pool upon receipt of notice from the Health
Officer or other designated person so requiring.
