[HISTORY: Adopted by the Mayor and Council of the Borough of South
River 4-5-1965 (Ch. 172 of the 1977 Code). Amendments noted
where applicable.]
For the purpose of this chapter, the words and phrases listed below
shall be defined as follows:
Any pool formed from a natural body of water of such an inadequate
flow that the quantity or quality of the water must be maintained by artificial
means and which has a water surface area in excess of 100 square feet or is
capable of being filled to a water depth in excess of 15 inches and is designed
and maintained for swimming purposes and used as an accessory use to a residence
by the persons living therein and their guests.
Any pool designed and maintained for swimming purposes and used as
an accessory use to a residence by the persons living therein and their guests.
Unless otherwise qualified, the term "private swimming pool" shall be construed
as including both artificial and partly natural pools that have a water surface
area in excess of 100 square feet or are capable of being filled to a water
depth in excess of 15 inches.
The application of the provisions herein to a permanently installed
swimming or bathing pool constructed prior to the passage of this chapter
shall be as follows:
A.
Such pools shall not be subject to the requirements under § 300-7 hereof, pertaining to distances of pools from boundary lines, etc., unless an enlargement of the facilities is sought.
B.
Such pools shall be exempt from the requirements under § 300-6, pertaining to permits and fees, unless an enlargement of the facilities is sought.
C.
Such pools, however, shall be subject to all the provisions and regulations relating to safety and sanitation, including the provisions contained in Chapter 385, Swimming Pools, Public, of the Code of the Borough of South River, and also subject to the right of appeal provided in § 300-11 herein.[1]
D.
All owners of such pools shall, within 60 days from the
enactment of this chapter, register such pool with the Board of Health.
It shall be unlawful for any person to construct, install or maintain
a swimming or bathing pool in the Borough of South River without having first
complied with the provisions of this chapter.
No person shall construct any permanent or stationary-type swimming
or bathing pool without first having obtained a permit therefor. Application
for a permit required by this section shall be made in duplicate to the Construction
Official, accompanied by the following:
A.
Plans and specifications for the proposed swimming or
bathing pool, showing and covering all auxiliary structures and appurtenances
related thereto.
B.
A plot plan showing the property lines of the land upon which the proposed swimming or bathing pool is to be constructed, installed or located, showing all existing houses and structures thereon, showing the specific location and dimensions of the proposed pool and auxiliary structures, showing the distance of the pool from the buildings thereon and showing the distances of the pool from the property lines and the existing street. Said distances shall not be less than the minimum provided in § 300-7 of this chapter.
C.
A clear description of the fence or other enclosure proposed to surround the swimming or bathing pool, the type of material to be used, the height thereof and the number of gates or doors. Said fence or other enclosure shall conform to the minimum standards provided in § 300-10 of this chapter.
A.
Upon the filing of a properly executed application for
a permit hereunder, the Construction Official shall forthwith file the duplicate
application and accompanying plans and specifications with the Board of Health
for its recommendations and approval, which shall be forthcoming within 30
days.
B.
The Construction Official shall, within one week after
receiving the approval or recommendation of the Board of Health, act upon
the same in the manner as follows:
[Amended 4-22-1992 by Ord. No. 1992-13]
At the time an application is made for a swimming pool permit, a fee shall be paid as provided in Chapter 155, Fees. For the purpose of determining estimated cost, the applicant shall submit to the Construction Official, if available, cost data produced by the contractor or applicant. The Construction Official will make the final decision regarding the estimated cost.
[Amended 9-5-1967]
No private swimming pool shall be constructed or installed nearer than
eight feet from any property line. No private swimming pool shall be constructed
on any plot or lot unless there is a residence thereon, and no property shall
be subdivided if the result will be that the said pool will be separated in
ownership from the residence property to which it was originally attached.
All material used in the construction of a swimming or bathing pool
licensed hereunder shall be of durable quality and waterproof and so designed
as to facilitate its emptying and cleaning. The bottom and sides of the pool
shall be either white or a light color, except that aluminum paint shall not
be used as a finish. Pool sides and bottom shall be smooth and free from cracks
and open joints. Inlets and outlets shall be so located and spaced as to secure
satisfactory dispersion of inflowing waters throughout the pool and to permit
the draining, cleaning and disinfecting of the bottom and sides of said pool.
Sand or earth bottoms shall not be used.
A.
In general.
(1)
In addition to the provisions of this chapter, the construction,
installation, maintenance and operation of any private swimming pool shall
be subject to any existing regulations and those that may hereafter be provided.
(2)
The water in every private swimming pool shall be so
maintained at all times when in use as to comply with the physical, chemical
and bacteriological standards established by the Board of Health of the Borough
of South River.
(3)
Physical connections between the potable water systems
and the circulating systems of swimming pools shall not be permitted. Potable
water for makeup and filling purposes shall be introduced into the pool by
means of a discharge pipe turned downwards either over a fluid-controlled
surge tank or over the pool itself, having in either case an air gap of at
least four inches between the orifice of the discharge pipe and the pool or
tank overflow level. Filling of a pool shall take place pursuant to rules
and regulations now or hereafter established by the Department of Public Works.
B.
Discharge system.
(1)
Provision shall be made for drainage of the pool and
for back wastewater disposal. No nuisance shall be created by virtue of the
disposal of wastewater from any pool.
(2)
Permission for the use of storm sewers may be obtained
from the Borough Engineer upon written application and approval. No recurring
charge will be required if connection is approved and made to a storm sewer.
(3)
Permission for the use of sanitary sewers may be obtained
from the Department of Public Works upon written application and approval,
provided the applicant agrees to regulations established by the said Department.
If connection to a sanitary sewer is approved and made, an annual fee in accordance
with rates established by the said Department must be paid by the pool owner.
(4)
In no case shall the size of the discharge pipe connecting
to a storm or sanitary sewer exceed three inches.
A.
Every swimming pool or bathing pool shall, within 60
days from the enactment of this chapter, be completely surrounded by a fence
or wall meeting the requirements of the Swimming Pool Safety Devices section
of the New Jersey State Uniform Construction Code.[1]
B.
Said fence or wall enclosure shall be so designed and
constructed as to reasonably prevent any person from gaining access beneath,
through or over the same and shall be provided with one or more substantial
gates or doors of the same height as the fence or wall enclosure.
C.
Every gate or door through such enclosure shall be equipped
with a self-closing and self-latching device capable of keeping such gate
or door securely closed. Such device shall be capable of being opened from
the inside without a key.
D.
It shall be deemed that there is sufficient compliance
with this section when the owner's entire property is completely enclosed
by a fence and gate of the type above-mentioned.
E.
All portable pools, unless enclosed by a fence or barrier
of the type and dimensions hereinabove specified, shall either be emptied
when not in use or unattended or be covered with a suitably strong protective
cover securely fastened or locked in place when not in use or unattended.
The walls of said portable pool shall not be considered as constituting an
acceptable fence or barrier.
F.
Any access ladder or steps used in connection with an
above-surface type of swimming or bathing pool or portable pool shall be removed
from the pool when the same is not in use.
G.
Lights used to illuminate any swimming pool or bathing
pool shall be so arranged and shaded as to reflect light away from adjoining
premises.
H.
Electrical fixtures, wiring and installation thereof
used in connection with the swimming pool shall conform to the standards of
the National Board of Fire Underwriters for electrical wiring and apparatus.
Any person denied the issuance of a permit as required under § 300-5 hereof shall have the right to appeal to the Mayor and Council for a hearing to review his application. After the hearing, the Council may, by resolution, grant a variance from the terms of this chapter in specific cases, provided the variance will be consistent with public safety and the general provisions and intent of this chapter. However, when any question of sanitation is involved, such variance may be allowed only if the same is also recommended by resolution of the Board of Health and after it has been determined and declared that such variance will not be harmful to public health.
[Amended 7-5-1966]
A.
All swimming and bathing pools shall be subject to inspection
at any time by the Health Officer of the Borough of South River or by the
members of the Police Department of said Borough.
B.
There shall be an annual inspection of all swimming and bathing pools in the Borough of South River, for which inspection there shall be an annual inspection fee of as provided in Chapter 155, Fees.
C.
The annual inspection fee shall be paid to the Borough
of South River and shall be due by May 15 of each year. The said fee shall
be payable at the office of the Borough Clerk.
[Amended 2-9-1977 by Ord. No. 1977-6]