Updated as of June 2018
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Any body of water, whether located above the ground, below the ground, or both, having a depth of 1.5 feet, a water surface area of 100 square feet, or both, and designed and maintained for human swimming, and including all buildings, structures, equipment and appurtenances thereto. Any structure that contains water over 24 inches (610 mm) in depth and which is used, or intended to be used, for swimming or recreational bathing in connection with an occupancy in Use Group R-3 and which is available only to the family and guests of the householder. This includes in-ground, above- and on-ground swimming pools, hot tubs and spas.
The swimming pool apron, or in the case of an aboveground pool, the outer edge of an elevated walkway, shall be set back a minimum of five feet from the side and rear property lines.
Pools shall be considered impervious surface, which shall not exceed the impervious surface of the zone (when included with other impervious surfaces).
Pools shall not be located in side or front yards.
Required pool setbacks shall be measured from the nearest inside wall of the pool.
Any pool requiring a drain shall install an anti-entrapment drain cover.
Residential swimming pools shall be installed only on lots containing a residence
Pool effluent which is the result of draining, cleaning, filter, flushing or other pool maintenance operation shall not be permitted to flow overland across adjacent property lines and must be discharged to a street or storm sewer inlet.
No pool whose drain empties into the public streets shall be emptied or drained when the temperature is less than 40° F.
Fencing shall be required around all swimming pools in accordance with the Uniform Construction Code and other regulations of the Borough of Palmyra. The barrier must be independent of any neighboring barrier. Neighboring barriers are not to be shared for purposes of meeting pool barrier requirements. Two conforming pool barriers may be placed back to back, provided the barriers are not climbable from either side.
Any pool shall meet the requirements of Chapter 240, Swimming Pools, of the Code of the Borough of Palmyra.
As used in this chapter, unless the context otherwise indicates, the following words and terms shall have the meanings given herein:
Building or installing a new swimming pool or enlarging an existing swimming pool or any of its facilities.
Any above-surface-type pool of more than 100 cubic feet in capacity, not stationary or fixed, and capable of being removed for storage.
A pool located on private property that is generally used for recreational purposes and is either in the ground or on the surface and the operation of which is the responsibility of the owner.
[Amended 7-9-2001 by Ord. No. 2001-9]
Any artificially constructed pool intended for use by children, not designed or used for swimming, with a maximum area of 120 square feet and a maximum water depth of 18 inches.
240-2Private swimming pool permit.
Application for permit. Application for permit for the construction and maintenance of any stationary private swimming pool, as defined in § 240-1 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 will construct the same. The application shall be accompanied by duplicate sets of plans, specifications and plot plans of the property. The plot plan shall show the accurate location of the proposed pool on the property, together with any proposed accessory buildings. The plot plan 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.
Approval by Borough officials. No permit for a private stationary swimming pool shall be issued by the Building Inspector until the plans, specifications and plot plan have been approved by the Health Inspector.
Private swimming pools. All private swimming pools now existing or hereafter constructed, installed, established or maintained, with the exception of wading and portable pools, shall be completely and continuously surrounded by a permanent durable wall, fence or barrier which shall be no less than four feet nor more than six 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, however, that if a picket fence is erected or maintained, the horizontal dimension of any gap or opening shall not exceed 2 1/2 inches. 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.
[Amended 6-9-1975 by Ord. No. 5-75]
Wading pools or portable pools. 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 is:
Emptied when not in use or unattended.
Covered with a suitable, strong protective covering, securely fastened 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 will support a minimum dead weight of 100 pounds.
The owner of all property upon which a private swimming pool or wading pool is located shall pay an annual inspection fee of $2 on or before the first day of June of each year, and such fee shall be good for the calendar year in which said fee is paid.
The owner of all property upon which a portable pool is located shall pay an annual inspection fee of $2 prior to the erection or placement of the pool upon the property in question, and such fee shall be good for the calendar year in which said fee is paid.
240-5Enforcement; inspection; mosquito control.
Enforcement officials. It shall be the duty of the Health Inspector and/or the Building Inspector to enforce the provisions of this chapter.
Compliance with health regulations. Every private swimming pool, wading pool or portable pool constructed, installed, established or maintained in the Borough of Palmyra shall at all times comply with the requirements of the local Health Inspector. Any nuisance or hazard to health which may exist or develop as a consequence of or in connection with any such private swimming pool, wading pool or portable pool shall be forthwith abated and removed by the owner, lessee or occupant of the premises on which said pool is located, upon the receipt of notice from the Health Inspector of the Borough of Palmyra.
Inspection. The owner or operator of any pool within the Borough of Palmyra shall allow the said Health Inspector and/or Building Inspector access to any private swimming pool, wading pool or portable pool and appurtenances thereto, at all reasonable times, for the purpose of inspection to ascertain compliance with this chapter and all other pertinent Borough ordinances.
Mosquito control. In order to control the spread of disease-causing mosquitoes, no person shall provide, maintain or keep a pool or any stagnant body of water in any manner on any property unless the pool or stagnant body of water is maintained as follows:
Maintenance standards. The pool or other stagnant body of water shall be maintained with an adequate disinfecting agent that imparts sufficient residual which provides for an easily measured continual disinfection. There shall be provided daily circulation of the pool water or other stagnant body of water with a properly functioning circulation system. There shall be daily removal of any debris. When in use, the pool water shall be sufficiently clear to permit clear visibility of the bottom of the pool. When the owner is away and cannot maintain a pool or other stagnant body of water personally he or she shall use a biological pesticide (e.g., briquettes or mosquito dunks) in the pool or stagnant body of water. Empty tot pools when not in use shall be refilled daily.
Pool covers. Any pool cover must be maintained in a way to prevent the collection of stagnant rain water.
Enforcement. It shall be the responsibility of the Municipal Code Enforcement Officer and/or Burlington County Health Department to enforce this subsection.
240-6Inspection and bonding for nonresidential pools, hot tubs and spas.
[Added 10-9-2007 by Ord. No. 2007-15[1]]
It shall be unlawful to continue the use and occupancy of a swimming pool, spa or hot tub until a copy of a valid bonding and grounding certificate has been made available to the construction official, the pool, spa or hot tub has been inspected, and an electrical certificate of compliance has been issued. This requirement shall apply to any swimming pool, hot tub or spa located on any property other than one- or two-family residential property and includes, but is not limited to, pools, hot tubs or spas open for the use of members, residents or the public.
The electrical certificate of compliance shall be issued annually by the local enforcing agency upon the presentation of a valid bonding and grounding certificate, satisfactory completion of an inspection by the electrical subcode official and payment of an inspection fee of $35. This certificate shall be evidence that, based upon a visual inspection, the wiring in or around the poolpump and associated electrical equipment is free from electrical safety hazards and meets the applicable requirements of the 1996 National Electrical Code.
Editor’s Note: This ordinance also redesignated former § 240-6, Violations and penalties, as § 240-7
240-7Violations and penalties.
[Amended 10-9-2007 by Ord. No. 2007-15]
Any person(s) violating any of the provisions of this chapter shall, upon conviction thereof, pay a fine of not more than $500 for each violation. Each day a particular violation continues shall constitute a separate offense.
For more information on New Jersey pool fencing laws and regulations, or if you are interested in what designs work best around your pool, visit Carl’s at www.bycarls.com or call 732-504-3372.
