Updated as of June 2018
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A swimming club maintaining and operating a swimming pool and apparatus and equipment pertaining to the swimming pool, with or without specified limitations upon the number of members, for the exclusive use of members and their guests.
A swimming pool and the apparatus and equipment pertaining to the swimming pool maintained by an individual for the sole use of his household and guests without charge for admission and not for the purpose of profit or in connection with any business operated for profit, located on a lot as an accessory use to a residence.
Definition. Any constructed pool which is used, or intended to be used, as a swimming pool in connection with a single-family residence and available only to the family of the householder and his private guests shall be classified as a private swimming pool. Any swimming pool other than a private swimming pool shall be classified as a public or semipublic swimming pool. A portable pool is included within the terms of this definition.
Applicability. All pools hereinafter erected shall be subject to the regulation of this chapter.
Compliance required. It shall be unlawful for any person to construct, install or create a swimming pool in the Township without first having complied with the provisions of this chapter and all other regulations of the Township.
Location and distance requirements.
A swimming pool of a permanent or stationary type of construction shall not be constructed, installed or located within 10 feet of any property line or structure nor nearer to any street line upon which the residence fronts than the existing setback line of said residence building, but in no case, regardless of the building setback line, shall a pool be located less than 30 feet from the front street line.
A swimming pool shall not be constructed, installed or located on any land unless a residence building is also located thereon.
Fencing.
All pools shall be enclosed with a fence, and all fencing shall be in accordance with the fencing requirements of this chapter.
All aboveground pools 24 inches or more in depth which have a decking consisting of a rail or fencing two feet or more in height above the deck with a foldup safety ladder when not in use shall be considered as being in compliance with the fencing requirements of the Township.
Certificates of occupancy. Certificates of occupancy shall be required for all swimming pools.
Other regulations. Swimming pools shall be subject to all of the regulations of the Mansfield Township Code and the Construction Code.
Every person who owns or is in possession of any premises on which there is situated a swimming pool or wading pool (herein referred to as a pool) any portion of which is two feet deep or more shall maintain, on the lot or premises upon which such body is located and completely surrounding such body of water, a fence, wall or other structure not less than four feet in height with no openings, except doors or gates, with an area greater than 50 square inches, except that a rectangular opening having no horizontal dimensions exceeding four inches may have a greater area.
Such fence, wall or other structure shall be constructed of such material and in such manner as to effectively prevent unauthorized access to the pool by children and other persons.
52-3Self-closing and self-latching devices required.
All gates or doors opening through the fence or structure protecting the pool shall be equipped with self-closing and self-latching devices not less than 3 1/2 feet above grade capable of keeping such gate or door securely closed at all times when not in actual use.
All doors or gates shall be of such size as to completely fill any opening in the fence or wall. The owner or person in possession of the premises on which such swimming pool exists shall keep such doors and gates closed and securely latched at all times when such pool is not in use.
52-5Exception for aboveground pools.
Nothing in this chapter shall apply to pools having sides extending four feet above grade, provided that the stairs or other means of access to the pool are effectively closed with a gate, as provided above, which shall be closed and securely latched at all times when such pool is not in use.
52-6Portable swimming pools exempt.
Nothing in this chapter shall apply to portable swimming pools.
52-7Applicability of other enforcement provisions.
The provisions of this chapter shall be in addition to any ordinance enacted on the subject of swimming pools by the Board of Health of the Township of Mansfield.
[Amended 5-5-1988 by Ord. No. 1988-11]
Any person, firm or corporation who violates any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $1,000 or to imprisonment in the county jail for a term not exceeding 90 days or to a period of community service not exceeding 90 days, or to such combination of punishments as the Municipal Judge may, in his or her discretion, deem appropriate and just; and each violation of any of the provisions of this chapter and each day the same is violated shall be deemed to be a separate and distinct offense.
This chapter shall take effect upon its final adoption and publication according to law.
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.
