Updated as of June 2018
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The words, terms or phrases listed below, for the purposes of this chapter, shall be defined and interpreted as follows:
The Board of Health.
Includes any major replacement or repair to any portion or unit of an existing swimming pool.
Accepted or acceptable under applicable specifications stated or cited in this code or accepted as suitable for the proposed use under procedures and powers of administration delegated in this code.
A licensed health officer, sanitary inspector or any other properly qualified and licensed person who is delegated to function within specified limits as the agent of the administrative authority.
Includes building or installing a new swimming pool or enlarging an existing swimming pool or any of its facilities.
Designating the site or place of a swimming pool.
To conduct, maintain or otherwise provide facilities for bathing at swimming pools.
Includes corporations, companies, associations, societies, firms, partnerships and joint-stock companies as well as individuals.
A swimming pool that is operated for profit and open to the public or to a limited number of members and their guests, upon payment of an hourly, daily, weekly, monthly, annual or other fee or operated as a service.
A swimming pool operated as part of the common property of a homeowners’ association for the use and enjoyment of the residents of a specific development.
A swimming pool located on a single-family lot with a residence on it and used as an accessory to the residence, and said pool is utilized with no admission charges and not for the purpose of profit.
The same as “swimming pool, commercial.”
It shall be unlawful to use, maintain, establish or construct a hot tub, noncommercial or private swimming pool without first obtaining a zoning permit and construction permit from the appropriate agencies.
In the event that the drainage shall be by discharge into a municipal storm drain, no street opening shall be permitted unless there is compliance with the Borough ordinance or ordinances pertaining to street openings.[1]
Editor’s Note: See Ch. 220, Streets and Sidewalks.
226-4Construction materials; maintenance standards.
All materials used in the construction of private swimming pools shall be approved by the Construction Official as provided in § 94-8.45 of Chapter 94, Zoning and Land Development. The bottom and sides of the pool shall be either white or a light color, except that aluminum paint shall not be permitted. Construction and design of said pool shall be such that the same may be maintained and operated as to be clean and sanitary at all times. The owner of every private swimming pool shall be responsible to maintain said pool in such condition as to prevent breaks in the pool chassis or water from pool overflowing onto adjacent public or private property.
226-5Discharge of pool water into potable water supplies prohibited.
There shall be no physical connection between a potable public or private water supply system and such pools at a point below the maximum flow line of the pool or to a recirculating or heating system of a pool unless such physical connection is so installed and operated that no pool water can be discharged or siphoned into a potable water supply system.
No water from a swimming pool shall be emptied or discharged so that the same flows into, on or along a public street or road.
All private swimming pools hereafter constructed shall be provided with not over one two-inch-diameter galvanized iron pipe or approved equal drain so located as to completely drain the pool. No filtering backwash water can be recirculated but must be disposed of on the property.
The pool shall be so situated that surface water shall drain away from the pool.
226-7Disinfection, filtering and bacteriological standards.
All private swimming pools shall be so constructed, installed and maintained as to provide necessary equipment for chlorination and other disinfection and filtering, including a hair and lint catcher, said filtering to comply with the following approved bacteriological standards. Water treatment facilities shall be located below grade or, if above grade, be enclosed by a suitable structure.
226-8Location restrictions, provisions applicable to all pools and hot tubs.
Location restrictions.
All types of swimming pools to be located within residential side or rear yards are governed by the provisions of § 94-8.45 of Chapter 94, Zoning and Land Development.
Any hot tub shall be located only in the rear yard of a single-family residence and shall meet the setback requirements for a swimming pool in the zoning district in which it is located. Where the hot tub is located on a corner lot, the rear yard shall be deemed to be that portion of the property to the rear of the residence, but in all other respects, the lot and the setbacks shall satisfy the requirements of corner lots established in Chapter 94.
Hot tubs may be located within the dwelling unit or they may be located on a porch, deck or patio, provided the hot tub is within an area enclosed by a fence or wall that is not less than four feet in height. Where the hot tub is located on a patio or deck attached to the principal building.
General provisions.
No private residential pool or hot tub shall be installed on any lot unless said lot shall contain a residence.
Pools and hot tubs shall otherwise be installed, operated and used in accordance with other health and safety ordinances regarding water filtration, circulation and treatment.
Outdoor hot tubs shall be required to have a cover capable of being locked.
No artificial lighting shall be maintained or operated in connection with said pool in such a manner as to be a nuisance to or an annoyance to neighboring properties.
All outdoor light fixtures for a swimming pool or hot tub shall comply with the requirements of § 94-8.22 of Chapter 94, Zoning and Land Development.
No overhead electric lines shall be carried across any swimming pool or wading area.
All private outdoor swimming pools and hot tubs shall be surrounded by an appropriate pool barrier in accordance with the New Jersey Uniform Construction Code.
226-11Applicability of article provisions.
The provisions of this article shall apply to private swimming pools now existing which are located 200 feet or nearer to any property line, and to any private swimming pools hereafter constructed; provided, however, that as to swimming pools now existing and not enclosed by a fence, there is hereby established a period of 160 days from the effective date hereof within which to construct such fence.
226-12Compliance and abatement of nuisances required.
Every private swimming pool constructed or to be constructed in the Borough shall at all times comply with the requirements of this article and all health authorities having jurisdiction on the premises, and any violation, nuisance or hazard to health which may exist or develop in or in consequence of or in connection with any such swimming pool shall forthwith be abated and removed by the person in possession of such pool upon receipt of notice from the Health Officer or other designated person so requiring.
226-13Violations and penalties.
Any person, firm or corporation violating any provision of this article shall, upon conviction, be subject to a fine of not less than $50 nor more than $1,250, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof. Each day that such violation shall continue shall be deemed a separate offense.
A code establishing a swimming pool code for commercial, noncommercial and public hot tubs and swimming pools is hereby adopted pursuant to N.J.S.A. 26:3-69.1 to 26:3-69.6 and 26:3-92 and 26:3-93. A copy of said code is annexed hereto and made a part hereof without the inclusion of the text thereof herein set forth.[1]
Editor’s Note: A copy of said code is on file in the Borough offices.
No person shall operate commercial, noncommercial or public hot tubs and swimming pools until a license shall have been issued by the Board of Health of the Borough of Shrewsbury.
The licensing fee is hereby fixed as follows: license to operate commercial, noncommercial or public hot tubs and/or swimming pools, $100 per year.
226-17Expiration of license; renewal applications.
The license for the operation of commercial, noncommercial or public hot tubs and/or swimming pools shall expire on December 31 of each year and application for renewal thereof shall be submitted, together with the required fee, prior to January 1 of each year.
226-18Denial or suspension of license.
A license to operate commercial, noncommercial or public hot tubs and/or swimming pools required by this article may be denied or suspended by the Board of Health of the Borough of Shrewsbury for failure to comply with the Swimming Pool Code. The Board of Health shall afford the person whose license to operate has been denied or suspended an opportunity to be heard in public hearing and, following this hearing, to be informed of the decision of the Board of Health.
226-19Right of entry; enforcement.
The Borough of Shrewsbury and its agents or employees, including but not limited to its Health Officer, shall have the right of entry, at any reasonable hour, into and upon any public or private building or premises for the purpose of enforcing the provisions of such code and of this article, or determining whether such provisions are being complied with and obeyed. No person shall oppose such entry or hinder or interfere with the Borough of Shrewsbury or any of its agents or employees or its Health Officer, all as aforesaid, in the performance of their duties.
This article shall be enforced by and in the name of the Borough of Shrewsbury by proceedings instituted and prosecuted in the Municipal Court of the Borough of Shrewsbury.
226-20Violations and penalties.
Any person, firm or corporation violating any provision of this article shall, upon conviction, be subject to a fine of not less than $50 nor more than $1,250, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof. Each day that such violation shall continue shall be deemed a separate offense.
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