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Atlantic City, NJ
Atlantic County
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Table of Contents
Table of Contents
Code
New Laws (11) Index
[HISTORY: Adopted by the Board of Commissioners (now City Council) of the City of Atlantic City 2-11-1971 by Ord. No. 4-1971. Amendments noted where applicable.]
A code regulating and controlling the location and construction, alteration and operation of swimming pools, the issuance of licenses or permits to locate and construct, alter or operate swimming pools, and declaring and defining certain swimming pools as nuisances and fixing penalties for violations is hereby adopted, pursuant to Chapter 188, 1950 (N.J.S.A. 26:3-69.1 to 69.6). A copy of said code is annexed hereto and made a part hereof without inclusion of the text thereof herein.
Said code established and adopted by this chapter is described and commonly known as the "Swimming Pool Code of New Jersey (1970)."
Three copies of said "Swimming Pool Code of New Jersey (1970)" have been placed on file in the office of the Clerk of the City of Atlantic City upon the introduction of this chapter and will remain on file in said office for the use and examination by the public.
No person shall locate, construct or alter a swimming pool until approval has been obtained from the Board of Health of Atlantic City and a permit issued by the Building Department of said City. A license to operate a swimming pool must be obtained from the Mercantile Department after approval by the Board of Health.
The following fees and charges are herewith established:
A. 
For the issuance of a permit to locate and construct a swimming pool; $50, payable to the Building Department.
B. 
For the issuance of a permit to alter a swimming pool: $50, payable to the Building Department.
C. 
For the issuance or renewal of a license to operate a commercial swimming pool: $50, payable to the Mercantile Department after approval by the Board of Health.
[Amended 4-20-2016 by Ord. No. 20-2016]
Licenses issued for the operation of a swimming pool shall expire annually on June 30 of each year, and application for renewal thereof shall be submitted together with the required fee prior to June 15 of each year.
A. 
Licenses or permits required by this chapter or code may be denied or suspended by the proper officer of the City of Atlantic City for failure to comply with this chapter or code.
B. 
This proper officer shall afford the person whose license or permit to locate and construct, alter or operate has been denied or suspended, an opportunity to be heard in public hearing on not less than three days' notice of said hearing nor more than five; and following this, to be informed of the officer's decision as provided by Section 2 of this code.
[Amended 11-25-2008 by Ord. No. 104-2008]
A. 
Any person or persons, firm or corporation violating any of the provisions of this chapter or the Swimming Pool Code of New Jersey (1970) made a part hereof shall, upon conviction thereof, pay a penalty of not less than $5 nor more than $2,000 for each violation, at the discretion of the Municipal Judge of the City of Atlantic City.
B. 
Each day a particular violation continues shall constitute a separate offense.
[Added 5-18-2022 by Ord. No. 19-2022]
As used in this article, the following terms shall have the meanings indicated:
WADING POOL
Artificially constructed pools not designed or used for swimming, with a maximum area of 100 square feet and a maximum water depth of 12 inches. This article shall not cover wading pools which are portable.
A. 
No person shall establish or construct or alter a wading pool without first having obtained a permit therefor in the manner prescribed in this article.
B. 
No permit shall be required for any portable pool or wading pool less than 12 inches in water depth at any point and with a water surface area of less than 100 square feet.
A. 
No private swimming pool or wading pool shall be constructed or installed on any lot unless a residence building is located on the lot, as permitted in the Zoning Chapter.[1]
[1]
Editor's Note: See Ch. 163, Land Use Development, Part 4, Zoning.
B. 
This article shall not apply to or prevent the installation of portable swimming pools which can be set up wholly above the ground, without the construction of a foundation or permanent extensions to the water or sewer systems of the City.
C. 
Portable and wading pools shall be maintained in a safe and sanitary manner and shall not be an annoyance or nuisance to adjacent property owners or a hazard or danger to the persons using the pool or to any members of the general public likely to come upon the premises where the portable pool is erected and in operation. The owner of the pool shall provide facilities and appliances to render the pool safe and sanitary at all times.