[HISTORY: Adopted by the Township Council of the Township
of East Brunswick 7-24-62, as amended 4-26-65 by Ord.
No. 65-16, and as Sec. 19-3 of the Revised General
Ordinances. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any above-ground-level swimming pool which is not designed
to be permanently fixed in one place but which is intended to be capable
of being removed and stored.
A pool which is constructed or installed to provide swimming, bathing or wading facilities for the recreation of the owner or occupant of a house and his family and guests and which is so located as to be an accessory use to a residence. This definition includes all buildings, structures and equipment constructed or used in connection with a private swimming pool. Swimming pools which are subject to the provisions of Chapter 197, Swimming Pools, Public, are specifically excluded from this definition.
A private pool which is not capable of being used for swimming.
It includes portable pools having a capacity of less than 500 gallons
and all pools, portable or otherwise, with a maximum depth of 12 inches
or less.
A.
No permit shall be required to maintain a permanent pool which was
in existence as of July 24, 1962, unless the facilities are expanded
or enlarged, but such pools shall comply with all other provisions
of this chapter.
B.
Except where it is specifically provided otherwise, the provisions
of this chapter shall not apply to wading pools.
No person shall construct, install or maintain a private pool
without first obtaining a permit from the Division of Construction
Inspection.
A.
Applications for permits under this chapter shall be made to the
Division of Construction Inspection and shall contain the following
information:
(1)
The name and address of the applicant.
(2)
The street address of the property where the pool is to be constructed
or installed, if other than the address of the applicant.
(3)
A set of plans and specifications of the proposed pool which indicate
the type, location and purpose of all structures and equipment to
be used in connection with it, including filtration, chlorination
and testing equipment.
(4)
A plot plan, drawn to scale, showing the property lines of the lot
upon which the pool is to be constructed or installed, all existing
structures on the lot, the location of the pool and its distance from
the house, the property line and the street abutting the property.
(5)
A description of the fence or other enclosure to be constructed around
the proposed pool, including type, height and the number and location
of gates or doors. The information required by this subsection may
be included as part of the plot plan.
(6)
A statement as to the method to be used to dispose of wastewater
from the swimming pool.
B.
The application and all required plans and specifications shall be
in duplicate.
[Amended 6-28-76 by Ord. No. 76-69-D]
The Division of Construction Inspection shall forward one copy
of the application, together with the plans and specifications accompanying
it, to the Chief Construction Official, who shall, within five days,
return it with his findings and recommendations. No permit shall be
issued unless the Chief Construction Official approves the application.
[Amended 6-28-76 by Ord. No. 76-69-D]
The Division of Construction Inspection shall act on the application
within five days after receiving the findings and recommendations
of the Chief Construction Official. The Division of Construction Inspection
may either approve or disapprove the application as submitted or approve
it conditionally, subject to modifications or changes in the plans
and specifications. If it is approved conditionally, no permit shall
be issued until an amended set of plans and specifications has been
filed with the Division of Construction Inspection, except that, where
the modifications or changes are minor, the Division may issue the
permit upon the applicant consenting in writing to the required modifications
or changes.
Fees shall be paid upon the filing of the application. Fees
for a permit required by this chapter shall be as follows:
A.
No pool shall be constructed or installed within ten (10) feet of any property line except as provided in Subsection B.
B.
In lots having a width of less than eighty (80) feet upon which an
existing dwelling is located, no pool shall be installed within five
(5) feet of any property line.
C.
No pool shall be installed within thirty (30) feet of any street
line or closer to the street than the existing building setback line,
whichever is greater.
D.
No private swimming pool shall be constructed or installed on any
lot unless a residence building is also maintained on that lot or
on an adjacent lot.
E.
The Zoning Board of Adjustment may grant or recommend to the Township
Council a variance from the provisions of this section in the same
manner that other variances are granted or recommended. For that purpose,
this section shall be considered to be part of the Zoning Ordinance
of the Township of East Brunswick.
Editor's Note: See Ch. 228, Zoning.
A.
In general. All materials used in the construction of a private pool
shall be of durable construction and water-proof, and the pool itself
shall be designed so as to facilitate its easy emptying, cleaning
and disinfecting.
B.
Sides and bottom. The sides and bottom of the pool shall be smooth
and free from cracks and open joints. Sand or earth bottoms shall
not be used.
C.
Inlets. Inlets shall be located and spaced in a manner that will
assure satisfactory dispersion of incoming water throughout the pool
and facilitate its draining, cleaning and disinfecting.
D.
Color. The bottom and sides of the pool shall be either white or
a light color, except that the use of aluminum paint is prohibited.
There shall be no physical connection between a private pool
or its recirculating and treatment system and a public or private
water supply system which is a source of water used or usable for
drinking purposes unless the connection is designed and installed
so as to make impossible the siphoning or discharge of pool water
into the water supply system.
A.
No private pool shall be connected with or otherwise permitted to
drain into the sanitary sewer system.
B.
Where it can be done without causing a nuisance or an unhealthy or
unsanitary condition, the drainage from a private pool shall be dispersed
upon the property on which the pool is located or into a sand filtering
pit.
C.
Where a pool cannot be drained as provided in Subsection B, it may, with the approval of the Chief Construction Official, be drained into a seepage pit or storm sewer, if accessible, or be drained in any other manner that the Chief Construction Official may specify.
[Amended 6-28-76 by Ord. No. 76-69-D]
D.
In no case shall the drainage from a private pool be permitted to
flow onto any public street without the permission of the Director
of Planning and Engineering, or onto the premises of any abutting
property owner.
[Amended 4-24-89 by Ord. No. 89-12]
[Amended 9-30-74 by Ord. No. 74-8-MM]
A.
All pools shall be surrounded by a fence or wall of substantial construction
not less than four (4) feet in height with no openings larger than
three (3) inches except for gates or doors. The fence or wall shall
be so constructed as to prevent any person from gaining access to
the pool beneath or over it.
B.
For the purposes of Subsection A, a dwelling or accessory building may be used as part of the enclosure.
C.
Every fence or wall shall be provided with one (1) or more gates
or doors of the same height as the fence or wall equipped with a self-closing
or self-latching device capable of keeping them securely closed. Gates
or doors must be locked when the pool is not in use.
D.
Wading pools not provided with a fence or wall as required by this
section shall be either emptied or covered with a suitable strong
protective covering fastened securely in place when the pool is not
in use.
E.
This section shall not apply to above-ground pools forty-eight (48")
inches or more in height, provided that all steps, ladders or other
means of access to the pool are removed when the pool is not in use,
nor to cases where the entire premises on which the pool is located
are surrounded by a fence which meets the requirements of this section.
[Amended 4-12-82 by Ord. No. 82-448]
Lights used to illuminate any private pool shall be located
and shaded so as to reflect the light away from adjoining premises.
[Added 11-18-2019 by Ord. No.
19-32]
A.
Swimming pools shall be maintained in a clean and sanitary condition,
without stagnant water, and in good repair.
B.
During the off-season and when not in use, pools should either be
drained or covered.
C.
Every private swimming pool shall at all times comply with the requirements
of the Middlesex County Board of Health. Any nuisance or hazard to
health which may exist or may develop as a consequence of the condition
of the pool shall be abated and removed by the owner upon receipt
of notice from the Health Officer or the Code Enforcement Officer.
