[HISTORY: Adopted by the Mayor and Council of the Borough
of Edgewater 10-6-1981 by Ord. No. 703-81 (Ch. 224A of the 1975
Code). Amendments noted where applicable.]
The words, terms or phrases listed below for the purposes of
this chapter, except when the context requires a different meaning,
shall be defined as follows:
Building or installing a new swimming pool or enlarging an
existing swimming pool or any of its facilities.
Borough of Edgewater in the County of Bergen and State of
New Jersey.
The holder or holders of the title to the premises in fee
simple, or having charge, care or control of any dwelling unit as
owner or agent of the owner, or as executor, executrix, administrator,
administratrix, trustee, receiver or guardian of the estate, or as
mortgagee in possession, regardless of how such possession was obtained.
Any person who is a lessee subletting or reassigning any part or all
of any building shall be deemed to be a co-owner with the lessor and
shall have joint responsibility over the portion of the premises sublet
or assigned by said lessee.
Any individual, corporation, company, association, society,
firm, agency or partnership or any other type of entity.
Any facility used for swimming or bathing, having a depth
of at least 24 inches or having a surface area of 250 or more square
feet; provided, however, that where such facility is permanently equipped
with a water recirculating system or constructed with structural materials,
such facility shall be classified as a pool, notwithstanding that
the depth and area are less than the aforementioned dimensions.[1]
A.
A swimming pool or appurtenances thereto shall not be constructed,
installed, enlarged or altered until a permit has been obtained from
the Construction Official of the municipality. The approval of all
municipal, county and state agencies, if necessary, having jurisdiction
over the swimming pools shall be obtained before applying to the Construction
Official for such permit. Any such approvals required shall be filed
with the application for the permit.
B.
Applications for pool permits shall be accompanied by duplicate sets
of the following:
(1)
Permit, plan and specifications or proper descriptive voucher.
(2)
Proper plans showing dimensions and construction of the pool and
appurtenances and properly establishing distances to lot lines, buildings,
walks and fences or existing houses and structures thereon abutting
streets and properties.
(3)
A description of the water supply system, drainage and water disposal
system and the method of water treatment.
C.
The Construction Official shall file one set of plans and specifications
with the Board of Health of the municipality prior to the issuance
of the permit.
E.
The Construction Official shall issue the permit for the construction
and installation of such swimming pool if the same complies with the
regulations set forth in this chapter, as well as the provisions of
the Uniform Construction Code (N.J.A.C. 5:23), the provisions of which
are hereby incorporated by reference.[2]
Any swimming pools hereafter constructed or installed shall
comply with all the requirements of the Zoning Ordinance of the Borough
of Edgewater.[1]
A.
Every person owning land whereon is situated a swimming pool shall
erect and maintain thereon an adequate enclosure either surrounding
the property or pool area sufficient so as to make such body of water
inaccessible to small children. Such enclosure shall be not less than
four feet in height, and all gates or door openings through such enclosures
shall be kept securely closed and shall be equipped with a self-closing
and self-latching device designed at least four feet above the underlying
ground or otherwise made inaccessible to the outside by small children.
B.
A natural barrier or other protective device may be used, subject
to the approval of the Construction Official, so long as the degree
of protection afforded by such natural barrier or other protective
device is no less than the protection afforded by the enclosure, gate
and latch described herein.
C.
At least one or more means of egress shall be provided from the pool.
The treads of steps or ladders shall have nonslip surfaces and handrails
on both sides, except that handrails may be omitted when there are
not more than four steps.
D.
Any access ladders or steps used in connection with the above-surface-type
swimming pools shall be removed when such pool is not in use.
A.
All swimming pools, including the above-surface-type portable swimming
pools, shall be so constructed, installed or maintained so as to provide
for all necessary equipment for the chlorination and other disinfection
and filtering to comply with the approved bacterial standards as may
be promulgated by the Board of Health of the municipality and the
New Jersey State Board of Health.
B.
Any pool maintained in the municipality shall furthermore be so constructed
and installed so as to provide a water treatment system of the kind
set forth in the Uniform Construction Code (N.J.A.C. 5:23).
All swimming pools shall be equipped to be completely emptied
of water and to provide for the discharge thereof in a manner that
will not create a nuisance to adjoining property or any other street
or public place. No private pool drain shall be connected with the
Edgewater sanitary sewer system except upon the approval of the Mayor
and Council, which such approval shall be in writing. Upon application
being made for such approval, the superintendent of the sewer treatment
plant of the municipality or his designated agent shall inspect the
premises on which such pool is planned to be constructed in order
to determine the proper location and type of connection necessary
and shall, thereafter, make a recommendation to the Mayor and Council.
A.
All swimming pools may be inspected by the Health Officer of the
municipality or any agent of the Board of Health of the municipality
or by the Construction Official of the Borough of Edgewater.
B.
The owners of any premises having situated thereon a pool shall permit
such agents of the municipality access thereto for the purposes of
inspection to ascertain compliance with the provisions of this chapter
at all reasonable times.
Whenever the provisions of this chapter impose a higher standard
than that set forth in any other local ordinance or under the laws
of the State of New Jersey or under the Uniform Construction Code
(N.J.A.C. 5:23), then the standard as set forth herein shall prevail,
but if the provisions of this chapter shall impose a lower standard
than the higher standards contained in any such other ordinance or
state law or the Uniform Construction Code, then the higher standard
contained in any other such ordinance, law of the State of New Jersey
or under the Uniform Construction Code shall prevail.
