The power to adopt a building code by reference is contained in R.S. 40:49-5.1, et seq.
[Ord. 199; Ord. 212]
There is hereby adopted by the borough for the purpose of establishing rules and regulations for the construction, alteration, addition, repair, removal, demolition, use location, occupancy and maintenance of all buildings and structures and their service equipment, including permits, licenses and penalties, that certain building code titled the Standard Building Code of New Jersey, Basic Code and Manual, 1968 revision, 1974 printing, administered by the State Department of Community Affairs, being particularly parts A and B of the code embracing administration, definitions, structural, fire and general safety requirements. As required by R.S. 40:49-5.1, et seq., not less than three copies of the abovementioned regulations have been and are now filed in the office of the borough clerk, save and except such portions as are hereinafter modified to set forth a certain fire district, permit, license and other fees, penalties, posting of indemnity bonds, and are hereby adopted and incorporated as fully as if set forth at length herein.
It is hereby stated that wherever the name "Standard Building Code of New Jersey" appears in the text of the code, it shall be understood that the code is the building code of the borough, or as the case may require, is inserted therein as though printed in the original. Wherever the word "municipal" or "municipality" is used in the code, it shall be held to mean the Borough of Hopewell.
Fees. In connection with the provisions of this chapter and the code hereby established and adopted as a part thereof, the following fees shall be charged and received in respect to each specific provision hereinafter cited:
Parts A and B B-119.1, New Construction and Alterations.
Part B-119.2, Removal of Buildings.
Parts A and B B-119.3, Demolition.
Rules for the Construction of One and Two Family Dwellings, 2-10, 12-14.
Permit fees, same as Parts A and B B-119.1.
Fuel Oil Heating Systems. Permits, no fee.
Indemnity Bonds. In connection with the provisions of this chapter and the code hereby established and adopted as a part hereof, the following indemnity bonds shall be posted in respect to each specific section hereinafter cited:
B-119.5a, Signs. Amount to be determined by the borough attorney to protect the borough from damage to property or persons.
B-119.5b, Wrecking. Amount to be determined by the borough attorney to protect the borough from damage to property or persons.
B-119.5c, Moving. Amount to be determined by the borough attorney to protect the borough from damage to property or persons.
Nothing in this chapter or in the code hereby adopted shall be construed to affect any suit or proceeding now pending in any court, or any rights acquired, or liability incurred, nor any cause or causes of action accrued or existing, under any act or ordinance repealed hereby. Nor shall any right or remedy of any character be lost, impaired or affected by the provisions of this chapter.
[Ord. 230; Ord. 275]
The provisions of this section shall apply to all private swimming pools used and maintained for swimming or bathing purposes. A swimming pool shall be any pool which is constructed, used or maintained to provide recreational facilities for swimming, bathing or wading, and which is capable of containing water to a depth exceeding two feet, and all buildings and equipment and appurtenances thereto.
It shall be unlawful to construct or establish a private swimming pool, as herein defined, within the borough, without first having obtained a permit.
Application Details. Application for a permit for the construction and maintenance of a private swimming pool shall be made to the building inspector by the owner of the property or by the contractor who will construct the swimming pool. The application shall be accompanied by a certificate of approval issued by the board of health to ensure that the proposed pool is located in such a manner so as not to interfere with or adversely affect existing or proposed sanitary sewerage facilities and is constructed and drained in such a manner so as not to flood the immediate or adjacent properties. The application is accompanied by a duplicate set of plans showing:
Proposed location of the pool on the property.
Dimensions of the pool.
Any proposed accessory structures.
The proposed method for draining the pool and for filtering the water.
The location and dimensions of all buildings existing on the property and the location, height and type of existing fencing or walls on the property.
The proposed fencing or enclosure as required by subsection 4-3.4.
Fees. The application shall be accompanied by a permit fee based on the valuation of the pool, fencing and appurtances. The cost of permits shall be $3 for $500 or less valuation; $5 for $501 to $1,000 valuation; $10 for $1,001 to $5,000 valuation, and $20 for $5,001 and up in valuation. After final inspection and approval by the building inspector, a certificate of occupancy for the pool shall be issued to the owner.
Above-ground pools taken down each year need only apply for the permit once, provided the pool is located in the same position on the property each time it is raised.
Private swimming pools shall be constructed of material such that they may be maintained in a sanitary and safe condition at all times.
It shall be the responsibility of the owner of the private swimming pool to maintain the pool in such a condition as to prevent breaks in the structure or water from overflowing onto adjacent public or private property.
The yard requirements for structures as described in the zoning chapter shall apply to private swimming pools.
All private swimming pools now existing or hereafter constructed or installed within the borough shall be enclosed by a substantial fence or building wall not less than 36 inches in height.
The fence shall be so constructed as to prevent, within reason, any person from gaining access beneath or through it and shall have similarly substantial gates or doors of the same height as the fence, with facilities for locking the gates or doors at all times when the pool is unattended, or not in actual use. The gates of doors shall be locked when the pool is not in actual use.
Pools with sidewalls 36 inches higher than the ground level at the pool wall need not be fenced.
Ladders for ingress shall be removed when the pool is not being used.
Any person violating any of the provisions of this chapter or of the Standard Building Code of New Jersey made a part hereof shall, upon conviction, pay such penalty or penalties as set forth in the code sections A-107.3 and A-107.4.