[HISTORY: Adopted by Mayor and Council of Borough of Wenonah 9-14-1967. Amendments noted where applicable.]
The words, terms or phrases listed below for the purpose of this ordinance shall be defined as follows:
- BOARD OF HEALTH
- And include the Health Officer or other duly authorized representative thereof, except in such case when the Board is referred to in a manner that contemplates action by it as a body corporate.
- BOROUGH OF WENONAH
- Building Inspector or other duly authorized representative thereof, except in such case when the borough is referred to in a manner that contemplates action by it as a body corporate.
- Includes the building or construction or installing of a new swimming pool or enlarging an existing swimming pool or any of the facilities.
- Includes corporations, companies, associations, societies, firms and partnerships as well as individuals.
- PORTABLE POOL
- Any above-surface type of swimming, bathing or wading pool and all equipment and appurtenance thereto, not designed or intended to be stationary or permanently fixed, but designed and intended to be removed and stored.
- SWIMMING POOL
- Any private pool, whether permanently constructed or of the portable type, having a depth of more than 18 inches below the level of the surrounding land or any above-surface pool having a depth of more than 30 inches, designed, used and maintained for swimming or bathing purposes by an individual for use of the members of the household and guests and located on the applicant's land as an accessory use to a residence, and shall include all buildings, equipment, structures and appurtenances thereto.
- WADING POOL
- And include an artificially constructed pool not designed or used for swimming having a capacity of less than 250 cubic feet.
The provisions of this ordinance shall apply to portable pools and wading pools only when specific reference is made to them in the context of those sections of the ordinance applicable to such pools.
The application of the provisions herein to a permanent-type swimming pool constructed prior to the passage of this ordinance shall be as follows:
Such pools shall not be subject to the requirements under § 59-11 hereof, pertaining to distance of pool from boundary lines, etc., unless an enlargement of facilities is sought.
Such pools shall be exempt from requirements under § 59-4 pertaining to permits and fees, unless an enlargement of facilities is sought.
The provisions of this ordinance shall not be applicable to wading pools or portable pools, unless specific reference is made in any section to such type pool.
It shall be unlawful for any person to alter, construct or install a swimming pool in the Borough of Wenonah without first having complied with the provisions of this ordinance or obtained a permit therefor in the manner hereinafter provided.
Applications for such permit shall be made to the Building Inspector and shall be accompanied by duplicate sets of the following:
Plans and specifications or proper description brochures.
Plot plans showing property lines of the premises upon which the swimming pool is to be constructed or installed, together with all existing houses and structures thereon, abutting streets and properties and the location and dimensions of the proposed pool and its auxiliary structures, including a description of the enclosure or fence to be used.
A description of the method of disinfection, treatment and disposal of the water to be used.
The Building Inspector shall file the duplicate set of plans and specifications with the Board of Health prior to the issuance of a permit.
A fee of $20 for the first $2,000 or fraction thereof, plus $5 for each additional $1,000 or fraction thereof, of the estimated cost of construction shall be charged by the Building Inspector for such permit and shall be tendered with the application to the Building Inspector.
The Building Inspector shall, within 15 days after receiving an application for a permit, act upon the same as follows:
Approve application as submitted and cause permit to be issued.
Require amendment to application to assure proper compliance with provisions of this ordinance and then cause permit to be issued.
Electrical fixtures, wiring and installation thereof used in connection with a pool shall conform to the Standards of the National Board of Fire Underwriters for Electrical Wiring and Apparatus.
All materials used in the construction of swimming pools shall be waterproof and so designed and constructed as to facilitate emptying and cleaning and shall be maintained and operated in such manner as to be clean and sanitary at all times. Inlets shall be so located and spaced as to secure satisfactory dispersion of inflowing waters throughout the pool and to permit draining, cleaning and disinfecting of the bottom and sides. Sand or earth bottoms shall not be used.
All swimming pools, including portable pools, shall be so constructed, installed and maintained as to provide necessary equipment for the chlorination and other disinfection and filtering to comply with approved bacteriological standards as may be promulgated by the Board of Health of the Borough of Wenonah and the New Jersey State Department of Health.
All private swimming pools hereafter constructed within the Borough of Wenonah shall be provided with one drainage outlet not in excess of three inches in diameter extending from said pool to either a brook, storm sewer or lawn-sprinkling system on the premises on which said pool is located. The discharge of water from such private swimming pools into a brook or storm sewer shall be permitted only following approval by the proper state, county and borough officials as each case required.
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 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.
Standards. The physical, chemical and bacterial qualities of the water shall comply with the latest recommendations made by the American Public Health Association and by the New Jersey State Department of Health.
Violation. Failure to maintain the sanitary quality of the water prescribed by this section, or to restore such water to the required quality within the time directed by the Board of Health, shall be a violation of this section.
Locker rooms, bathhouses, cabanas, shower rooms, toilets, runways and all other physical facilities or equipment incident to the operation of any private swimming pool shall be kept in a sanitary condition at all times.
A private swimming pool or wading pool hereafter constructed shall comply with the yard and area requirements of the Zoning Ordinance of the Borough of Wenonah for accessory buildings.
Every private swimming pool or the premises upon which said pool is located, shall be completely enclosed by a fence not less than four feet in height with no opening therein (other than doors or gates) larger than six inches in its largest dimension. All gates or doors opening through such enclosure shall be kept securely closed at all times when the pool is not in actual use and shall be equipped with a self-closing and self-latching device designed to keep and capable of keeping such door or gate securely closed at all times. The doors or gates shall remain securely locked at all times when the pool is not being used.
Any ordinance requiring the obtaining of a permit for the erection of a fence shall not apply to fences erected pursuant to the provisions of this ordinance except in such case where a fence is erected along a property line.
Any access ladders or steps used in connection with the above-surface-type portable pools shall be removed when such pools are not in use.
No artificial lighting shall be maintained or operated in connection with a private swimming pool or the above-surface-type portable pool in such a manner as to be a nuisance or an annoyance to neighboring properties.
The owner of any private swimming pool or above-surface-type portable pool within the Borough of Wenonah, shall allow the said Building Inspector, Health Officer or other authorized official, access to the pool and appurtenances for the purpose of inspection to ascertain compliance with this ordinance at all reasonable times.
Whenever any pool by reason of mechanical defects or failure to comply with the requirements of this ordinance is a hazard to the health of users thereof, the Health Officer and/or Building Inspector is authorized to summarily close such pool and keep such pool closed until no further hazard to users of the same exists, subject to the right of appeal to the Board of Health by the owner of such pool, which appeal shall not stay the action of the Health Officer and/or Building Inspector.
A person violating any of the provisions of this ordinance shall, upon conviction, be subject to a fine not to exceed the sum of $200, and upon default in the payment of said fine, may be imprisoned in the county jail for a term not to exceed 30 days. Every day that such violation continues shall be deemed to be a separate offense.
If for any reason any section or subsection of this ordinance shall be held to be unconstitutional or invalid, the same shall not be held to affect other sections or provisions of this ordinance.
All ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed.
This ordinance shall take effect immediately upon final passage and publication as required by law.