[HISTORY: Adopted by the Board of Commissioners (now Mayor and Council) of the Borough of Bradley Beach 11-14-1967; amended in its entirety 4-12-2004 by Ord. No. 2004-6 (Ch. XVI of the 1974 Code). Amendments noted where applicable.]
This chapter shall be known and may be cited as "The Swimming Pool Ordinance of the Borough of Bradley Beach."
As used in this chapter, the following terms shall have the meanings indicated:
- SWIMMING POOL, PRIVATE
- A swimming pool accessory to and constructed or installed on a property containing a one- or two-family dwelling for use by the residents or occupants of the dwelling or dwellings and their guests for which no fee is charged and which shall include but not be limited to in-ground pools, aboveground pools, including portable pools, and wading pools in excess of 50 square feet and 12 inches deep which are constructed of wood, plastic, metal, fiberglass or concrete materials.
- SWIMMING POOL, SEMIPUBLIC
- A swimming pool accessory to and constructed or erected on a property containing a hotel, motel, bed-and-breakfast, townhouse or apartment complex as a benefit to and exclusively for residents or occupants of the hotel, motel, bed-and-breakfast, townhouse or apartment complex and their guests.
- SWIMMING POOL, WADING
- A shallow portable pool intended for the use of children, located or situated on a property containing a one- or two-family dwelling for use by the residents or occupants of the dwelling or dwellings and their guests, having an area of less than 50 square feet and a depth of less than 12 inches, that are constructed of wood, plastic, metal, fiberglass or a combination thereof.
No person or entity shall construct, build or locate, install, alter or operate a private swimming pool in the Borough of Bradley Beach without first obtaining approval of the Zoning Official and a building permit from the Construction Official. No person or entity shall construct, build or locate, install, alter or operate a semipublic swimming pool, accessory to a hotel, motel, bed-and-breakfast, townhouses or apartment complex, without first obtaining site plan approval from the Planning Board and a building permit from the Construction Official. Wading pools are exempt from approval and permitting requirements.
Applications for approval for a private swimming pool shall be submitted in writing to the Zoning Official, with such plans, documents and detail as provided for in Subsection D. All applications for approval by the Zoning Official shall be accompanied by an application fee in the amount of $25. Where an application is denied by the Zoning Official for failure to comply with any of the requirements of this chapter, the applicant may apply to the Zoning Board of Adjustment to appeal the interpretation of the Zoning Official or to seek the appropriate variance or variances that may be required.
Applications for site plan approval for a semipublic swimming pool shall be submitted to the Planning Board, as required by Chapter 270, Land Development, and with such additional plans, documents and detail as further provided for in Subsection D. All applications for site plan approval shall be accompanied by fees, as provided for in Chapter 270, Land Development.
Applications for approval for swimming pools shall include as a minimum the following information:
Plot plan, drawn to scale, showing the size, shape and location of the pool relative to property lines, and buildings on the site.
Size and location of pool decks, aprons, walks, etc.
Type, size and materials of construction of the pool.
Plumbing fixtures, including waste disposal facilities.
Location of filtration system and electrical service.
Safety features, including fences, gates, etc.
Details and specifications for proposed pool.
Upon receipt of approval from the Zoning Official, or where variances are required from the Zoning Board of Adjustment, for private swimming pools or receipt of site plan approval from the Planning Board for semiprivate swimming pools, the applicant shall apply to the Construction Official for a building permit. All applications for a building permit for a swimming pool shall be accompanied by an application fee of $0.0050 per gallon of pool capacity, provided that the minimum fee for said application shall be $25.
Swimming pools and accessories thereto shall be permitted in the rear yard area only.
Swimming pools shall be such that proper and adequate water supply and waste disposal facilities are available and that they are not in conflict with provisions of the uniform construction code and the construction standards stated therein.
Filtration systems shall be located in the rear yard area and screened so as not to be visible from the street or neighboring properties.
All pools shall comply with the following minimum standards:
The bottom of in-ground pools shall be a minimum of two feet above the seasonal high ground water table.
Pool materials shall be durable, waterproof and easily cleaned. The bottom and sides of pools shall be either white or a light color except that aluminum paint shall not be used as a finish. The sides and bottoms of pools shall be smooth and free of cracks and open joints. Walkways around pools shall be slip-proof and easily cleaned.
The critical depths of swimming pools, i.e., depths at both ends and at the location of a change in slope in the pool, shall be conspicuously marked in a permanent manner on both the vertical and horizontal surfaces of the pool and shall be visible in and out of the water.
Overflows shall be of sufficient size and grade to receive and carry of overflows. Overflows shall be designed to permit cleaning and repair.
All swimming pools, where the depth exceeds two feet at the shallow end, shall have a minimum of one staircase or ladder that shall be constructed of a nonslip tread. Step holes shall not be permitted.
The pool area shall be completely enclosed with a permanent fence of durable material at least four feet in height with self-closing gates. Gates shall be locked at all times that the pool is not in use. A self-latching device shall be placed at the top of the gate and made inaccessible to small children.
Installation of the pool and the circulation and filtration systems, including pumps, drains, piping and connections, shall be in accordance with the manufacturers' specifications and subject to final inspection and approval by the Borough Plumbing Inspector.
All pools, except wading pools, shall be equipped with at least one drain at the deepest point of the pool that is capable of emptying the entire pool.
The installation, maintenance, repair and control of plumbing facilities for swimming pools shall comply with the provisions of this chapter, Chapter 450, Zoning, and all current BOCA Codes. In the event of inconsistencies, the provisions of this chapter and Chapter 450, Zoning, shall control in all respects.
Sections of this chapter relating to the location and construction of swimming pools shall not apply to pools existing as of the date of this chapter except that any alteration of an existing pool that affects its size or location shall be made in accordance with the provisions of this chapter. Provisions of this chapter relating to the operation, maintenance, and safety shall apply to all pools within the Borough regardless of when constructed or installed.
A swimming pool constructed, altered, or operated in violation of the provisions of this chapter is hereby declared a nuisance and detrimental to the public health. In addition, no activities shall be conducted at a private or semipublic swimming pool that results in excessive noise levels at adjoining properties.
It shall be the responsibility of a property owner to maintain any pool located on his property in accordance with the provisions of this chapter and in accordance with the codes established or utilized in the Borough. Should any property owner fail to maintain any pool on his property in accordance with this chapter or fail to comply with orders issued by the appropriate Borough officials in enforcing this chapter, he shall be subject to a notice of violation and/or citation by the said official.
A person who violates any provision of this chapter shall be subject to a fine of not less than $100 nor more than $1,000 and may be imprisoned for up to 30 days in the county jail for each violation of the provisions of this chapter.