[HISTORY: Adopted by the Board of Health of the Township of Andover 2-8-1978
(Chapter BH-XI of the 1973 Code); as amended through Ord. No. 88-17. Subsequent
amendments noted where applicable.]
The words, terms or phrases listed below, for the purpose of this chapter,
except when the context requires a different meaning, shall be defined as
follows:
Building or installing a new swimming pool or enlarging an existing
swimming pool or any of its facilities.
Any above-surface pool in excess of 75 cubic feet capacity considered
stationary and not capable of being removed or dismantled for storage.
Any pool in excess of 75 cubic feet capacity considered to be constructed
in such a manner as to require the excavation of the ground.
Any above-surface type pool of more than 75 cubic feet capacity,
not stationary or fixed, and capable of being removed for storage.
Any pool of water having a water depth in excess of 12 inches and
an area greater than 7.5 square feet, designed, used and maintained for swimming
purposes by an individual for use by his household and guests without fees,
and located on property owned, leased or otherwise used and maintained by
the owner of such swimming pool; it shall further mean and include fill and
draw, flow-through and recirculation pools which are artificially constructed
to provide recreational facilities for swimming, bathing or wading, and all
buildings, equipment and appurtenances thereto. It shall not include natural
outdoor ponds, rivers or lakes, nor baths used for cleansing of the body or
practice of the healing arts.
Any artificially constructed pool intended for use by children, not
designed or used for swimming, with a maximum area of 75 square feet and a
maximum water depth of 12 inches.
A.
Construction and maintenance. All materials used in the
construction of swimming pools, wading pools, portable pools, nonportable
or permanent built-in-ground pools shall be waterproof and so designed and
constructed as to facilitate emptying and cleaning, and shall be maintained
and operated in such a manner as to be clean and sanitary at any time when
any such pool shall be in use or at such times as the same shall be subject
to use. Inlets of the treated water shall be so located and spaced as to secure
satisfactory dispersion of the water throughout the pool and not to interfere
with draining, cleaning and disinfecting of the bottom and sides. Sand or
earth bottoms shall not be used.
B.
Electrical connections. No person shall use any temporary
electrical connections in or about any swimming pool, portable pool or wading
pool. All electrical connections shall be of waterproof type and shall bear
the Underwriter's Laboratory seal of approval and shall be effectively grounded.
Underwater pool lighting fixtures must be inspected and approved by the Electrical
Underwriter's Inspection Agency.
C.
Water supply pipe, pump, filters and disinfecting equipment.
(1)
There shall be no physical connection between a potable
public or private water supply system and such swimming pools, wading pools,
or portable pools below the maximum water line of the pool or to a recirculating
or heating system of such pool. The piping system shall be designed to circulate
the pool water through filtering equipment. All water used shall be potable
and subject to inspection by the Health Department of the Township. Potable
water shall feed the pool overflow level. Potable water siphons shall not
be permitted to drain the aforesaid pools. The installation, repair, and control
of the plumbing facilities shall comply with the plumbing codes of the Township.[1] All circulating units shall have sufficient capacity to recirculate
the entire contents of a pool within 24 hours or less. Any pool having capacity
in excess of 750 gallons shall have pumps, filters, and disinfecting equipment.
D.
Discharge systems. All swimming pools, wading pools or
portable pools with a water depth of more than one foot, hereafter constructed,
installed, established or maintained within the Township, shall be provided
with the necessary equipment to completely pump out or empty such pool, or
shall be emptied by providing one drainage outlet, to be installed at the
lowest point of such pool not in excess of three inches in diameter, extending
from the pool to either a storm sewer catch basin, lawn watering system, adequate
dry well or sand filtering pit on the premises on which such pool is located.
The discharge of water from such pools into a storm sewer shall be permitted
only where the capacity is adequate as determined by the Township Engineer.
No pool drain, wading pool drain, or portable pool drain shall be connected
into the sanitary sewer system. The discharge of such waters shall in no case
cause or create a nuisance to the abutting property, and the discharge of
waters, either directly or indirectly, upon the property of others shall be
deemed a nuisance under the terms of this chapter.
E.
Fencing of pools.
(1)
All swimming pools hereafter constructed, installed, established
or maintained shall be completely and continuously surrounded by a permanent
durable wall, fence or barrier which shall be no more than six feet nor less
than four feet in height above grade, and shall be so constructed as to have
no opening, mesh, hole, or gap larger than two inches in any dimension, except
for doors and gates; provided that if a picket fence is erected or maintained,
the horizontal dimension of any gap or opening shall not exceed 2 1/2
inches. No fence of any kind or material shall be constructed or maintained
which shall contain projections of any kind at any point on the outer surface
of such fence. A dwelling house or accessory building may be used as part
of such enclosure. All gates used in conjunction with any of the above-described
enclosures shall conform to the specifications required above as to height
and dimensions of openings, mesh, holes or gaps in the case of fences, and
all gates and doors shall be equipped with self-closing and self-latching
devices for keeping the gate or door securely closed at all times when not
in actual use. Gates and doors shall be locked when the pool is not in use
or is unguarded or unattended; provided that nothing herein contained shall
be construed to require the construction of an additional wall, fence or barrier
where, in lieu thereof, the entire premises or a part thereof wherein the
pool is contained shall be fully enclosed by a wall, fence or barrier which
meets the specifications set forth herein.
(2)
Every outdoor wading pool or portable pool shall be enclosed
by a durable wall, barrier or fence as described in the preceding subsection,
unless such outdoor wading pool or portable pool be:
(a)
Emptied when not in use or unattended.
(b)
Covered with a suitable, strong, protective covering
fastened or locked in place when not in use or locked in place when not in
use or unattended. A cover shall be considered to be of sufficient strength
and securely fastened or locked in place if, when fastened or locked in place,
it shall support a minimum dead weight of 200 pounds.
(3)
All pools considered as aboveground type having a height above
ground level of not less than four feet shall be exempt from perimeter fencing
only when the pool is provided with a retractable or swing-up ladder or steps
or having additional fencing above the 48 inches or four-foot minimum and
be supplied with a gate and lock to deny access when pool is not in use.
A.
In-ground pools. All pools requiring excavation and having
variable depth shall be placed no less than 10 feet from the back property
line and no less than 10 feet from the side property line. In the case of
corner property, the front setback shall be no less than the minimum setback
for the principal structure of the zone in which it is, on both streets. Pools
shall be placed with the shallow end closest to the foundation and a distance
of no less than 10 feet. All in-ground pools shall be placed a distance of
no less than 10 feet from a septic tank, and a distance of no less than 15
feet from a disposal field and a distance of no less than 20 feet from a seepage
pit. The front setback shall be no less than the minimum setback for the principal
structure of the zone in which it is located.
B.
Aboveground pools. Setbacks for this type of pool shall
be the same as in-ground pools.
A.
General.
(1)
Any nuisance which may exist or develop in, or in consequence
of or in connection with, any swimming pool shall be abated and/or removed
by the owners.
(2)
Whenever any swimming pool, by reason or mechanical defects or
lack of supervision, is, in the opinion of the Board of Health, polluted and
detrimental to health, it shall be summarily closed.
(3)
Owners or persons in possession of swimming pools shall allow
the Sanitary and Health Officer and the Building Inspector access to inspect
such pool and the appurtenances at any time it may be required by the Board
of Health.
(4)
Any accessory building, such as locker rooms, toilets, runways,
or any other physical facility or equipment incident to the maintenance and
operation of any of the above described, shall be in conformance with the
rules and regulations of both the Board of Health and the building codes of
the Township.[1]
B.
Disinfection of pools. All swimming pools, wading pools
or portable pools with a water depth of more than one foot shall be disinfected
by the use of disinfecting agents with disinfecting qualities equal to that
obtained from chlorine-bearing compounds. No water shall be used for swimming
purposes which, when tested, shall show coliforms contained therein. For the
purposes of this subsection, the use of disinfecting agents approved by the
National Swimming Pool Institute, or such disinfecting agents as shall meet
the same or higher standards, shall be deemed compliance with this subsection.
C.
Lighting, noise and nuisances.
(1)
No artificial lighting shall be maintained or operated
in connection with the swimming pool, wading pool or portable pool in such
a manner as to be a nuisance or any annoyance to neighboring properties. Such
lighting shall not shine directly upon any abutting property. No unshielded
lights shall be permitted.
(2)
No excessive noise or other nuisance which annoys or
disturbs the comfort of anyone on neighboring properties shall be permitted
in connection with the operation or maintenance of any swimming pool, wading
pool or portable pool.
A.
Application requirements. Application for permits for the construction and maintenance of any swimming pool or portable pool, as defined in § 223-1 hereof, shall be made to the Building Inspector by the owner of the property upon which it is to be constructed or by the contractor who shall construct the same. The application shall be accompanied by duplicate sets of plans, specifications and plot plan, and shall also show the location, height and type of all existing fencing or walks on the boundary lines of the property together with the type and height of fencing or enclosure as may be required by this chapter.
B.
Fees. Applicants shall pay a fee to the construction
official for a permit to erect a swimming pool or portable pool, as defined
in this chapter, which permit fee shall be exclusive of the permit fee required
for the erection of any accessory structure or structures to be used in connection
with such swimming pool, and which shall be at the same rate as is provided
for other improvements in the Township.
(1)
The following fees and charges are herewith established
for all pools classified as private, public or semipublic, regardless of ownership:
(2)
No permit for a swimming pool or portable pool as defined
in this chapter shall be issued by the construction official until the plans,
specifications and plot plan have been approved.
(3)
Portable pools that are dismantled at the end of the
usable season and erected prior to the swimming season shall pay the permit
fee only for the initial erection, provided that a signed affidavit is given
to the construction official indicating intent.
B.
Compliance with Board of Health requirements. Every swimming
pool, wading pool or portable pool constructed, installed, established or
maintained in the Township shall at all times comply with the requirements
of the local Board of Health. Any nuisance or hazard to health which may exist
or develop in, or in consequence of or in connection with, such swimming pool,
wading pool or portable pool shall be forthwith abated and removed by the
owner, lessee or occupant of the premises on which the pool is located upon
receipt of notice from the Board of Health of the Township.
C.
Access to pools; inspecting officials. The Sanitary and
Health Officer and/or the Building Inspector shall enforce the provisions
of this chapter. The owner or operator of any pool within the Township shall
allow the Sanitary and Health Officer and/or the Building Inspector access
to any swimming pool, wading pool or portable pool and appurtenances therein
for the purpose of inspecting to ascertain compliance with this chapter and
all other pertinent Township ordinances, at all reasonable times.
A.
Water shortage. All pools supplied by a public or quasi-public
water supply system and not equipped with facilities for the recirculation
and reuse of the pool water shall be subject to closure by order of the Board
of Health during any period of emergency water shortage declared by a duly
authorized public official.
B.
Pools constituting health hazard. Whenever any pool is a hazard to the health of the public, the Sanitary and Health Officer shall be authorized to summarily close such pool upon the failure of the owner, lessee or occupant of the premises upon which such pool is located to take satisfactory action to abate such hazard to the health of the public within 24 hours after the receipt of the notice required by § 223-6 hereof, and keep such pool closed until no further hazard to the public exists, subject to the right of appeal to the Board of Health by the owner of such pool. Such appeal, however, shall not stay the action of the Sanitary and Health Officer.
C.
Abandoned pools. In the case of abandoned pools of any
type and when the Health Officer determines if such pool is a hazard he shall
then request the Mayor and Township Committee to take such necessary action
to have such pool drained or covered, or both, at the owner's expense.
A.
Change of use. An existing pool used for swimming or
bathing or accessory equipment or part thereof shall not be altered or converted
for any other use unless it shall comply with all provisions of this code
applicable to the use intended.
B.
Continuation of existing use. Existing swimming pools may be continued without change provided no unsafe or hazardous condition exists as determined by the building official. The building official may order safety changes on existing uses not in conformity with § 223-2E and determined to be unsafe or hazardous.
In connection with all appeals under this section it shall be the duty
of the applicant to supply the Board of Health with sufficient information,
by way of surveys, specifications, and plot plans showing salient locations,
heights and types of all existing fencing, walkways, lighting and other improvements
where appropriate to the individual application, to assist the Board of Health
in ruling on all such applications.
Any person violating the provisions of this chapter, shall, upon conviction, be subject to such penalties as provided by § 223-2. Each day a particular violation continues may constitute a separate offense.
