Updated as of June 2018
www.ecode360.com
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:
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.
Such pools shall be exempt from the requirements under § 300-6, pertaining to permits and fees, unless an enlargement of the facilities is sought.
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]
Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.
300-4Permit required; application.
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:
Plans and specifications for the proposed swimming or bathing pool, showing and covering all auxiliary structures and appurtenances related thereto.
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.
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 statement of the method proposed to dispose of the wastewater from the swimming or bathing pool. The means of disposal proposed shall be subject to the provisions of § 300-9 of this chapter and to the approval of the Board of Health.
The application fee for a permit issued hereunder in the amount provided in § 300-6.
300-5Processing of application.
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.
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:
Approve the application as submitted and cause the permit to be issued; or
Require the submission of an amended application to correct, modify and furnish additional information to assure that the application is in full compliance with the provisions of this chapter; or
Reject the application when it is determined that a permit should not be issued. In case of such rejection, an appeal therefor shall be available to the applicant in the manner provided by § 300-11 of this chapter.
[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.
300-8General construction requirements.
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.
In general.
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.
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.
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.
Discharge system.
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.
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.
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.
In no case shall the size of the discharge pipe connecting to a storm or sanitary sewer exceed three inches.
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]
Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.
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.
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.
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.
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.
Lights used to illuminate any swimming pool or bathing pool shall be so arranged and shaded as to reflect light away from adjoining premises.
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]
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.
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.
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.
The annual inspection shall be made by a special police officer, who shall be paid at the rate provided in Chapter 155, Fees, and shall be paid from a fund consisting of the inspection fees collected.
300-13Violations and penalties.
[Amended 2-9-1977 by Ord. No. 1977-6]
Any person or persons violating any of the provisions of this chapter shall, upon conviction thereof, be subject to the penalties provided in Chapter 1, Article I, General Penalty. Every day that such violation continues shall be deemed to be a separate offense.
Township of Buena Vista, Atlantic County – wwww.ecode360.com
An artificially constructed water enclosure or any lake or pond maintained by a property owner for bathing or swimming activities for resident family members or guests, located on a lot as an accessory use to a residential unit or units.
A publicly or privately owned water enclosure, open to the public on an annual-membership basis for bathing and swimming activities and providing dressing rooms, off-street parking and other appropriate accessories and facilities.
115-107Swimming pools and swimming clubs.
[Amended 11-24-2008 by Ord. No. 14-2008]
Swimming pools and swimming pool clubs may be established in various districts as specified in Article X of this chapter, when, in addition to meeting other requirements, they comply with the following:
Private swimming pools.
Intent. Private swimming pools shall be permitted in all zoning districts where a residential dwelling unit exists as a principal permitted use, with the maximum area of any and all private swimming pools being 800 square feet. Private swimming pools shall not be calculated as part of the maximum square footage for cumulative accessory use structures but shall be calculated as part of the total impervious lot coverage percentages for the respective zoning district location.
New Jersey Uniform Construction Code compliance. Pursuant to the New Jersey Uniform Construction Code, the International Residential Code and/or the National Electrical Code, all swimming pools (in-ground or above ground) that have the capacity of holding 24 inches or more of water (at any point) require zoning approval, along with a building and electric permit. They must also meet requirements of the above codes for the pool, the electric that runs the filter, pool barrier fencing around the pool and ladder, etc. Residents who already have pools erected without proper permits have the option of draining the pool or applying for the appropriate permits.
Definitions. As used in this section, the following terms shall have the meanings indicated:
A non-permeable receptacle for water, whether above or below ground, intended for use by the owners, their friends and invited guests, for bathing or swimming.
Exempt pools. Storable children’s swimming or wading pools, with a maximum dimension of 15 feet and a maximum wall height of less than two feet, and which are so constructed that they may be readily disassembled for storage and reassembled to their original integrity, are exempt from the provisions of this section.
Permit required. All pools with a water depth of two feet or more, and/or a capacity of 1,000 gallons or more, shall require a building permit from the Building Inspector prior to construction or installation.
Setbacks and other requirements.
Private swimming pools shall be erected or constructed to the rear or side of a principal building and shall not be located within any required rear or side yard setback area as contained within Article XII, § 115-141, of this chapter, and may only be located on a lot occupied by a principal building. No swimming pool shall be erected or constructed on an otherwise vacant lot. A lot shall not be considered vacant if the owner owns the contiguous lot and said lot is occupied by a principal building.
No swimming pool shall be located, constructed or maintained closer to any side or rear lot line than is permitted in the Zoning Code for an accessory building.
Enclosure. Every outdoor private or residential swimming pool in the ground or with sides less than 42 inches high at any point, as in the case of aboveground pools, shall be completely enclosed by a fence or wall not less than four feet in height but not to exceed six feet in height, which shall be so constructed as not to have openings, holes or gaps larger than four inches in any dimension, except for doors and gates. A residence or accessory building may be used as part of such enclosure. All gates or doors, opening through such enclosures, shall be equipped with self-closing and self-latching devices for keeping the gate or door securely locked at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped. Aboveground pools with sides greater than 42 inches high at any point, which are not enclosed by a suitable fence herein described, and using a ladder or stairs for ingress and egress shall have the ladder or stairs removed or flipped up when the pool is not in use or shall be designed with doors or gates so as to prevent access to the pool when the pool is not in use.
Electrical installations.
All electrical wiring associated with swimming pools shall require a permit.
All electrical wiring for swimming pools shall comply with the National Electrical Code (NEC).
Lights used to illuminate the pool shall direct light only on the pool.
Plans. The plan filed with the application for a building permit shall show the pool in relation to all other buildings on the property, lot lines, and electrical power service laterals. Fences and decks built in conjunction with the pool shall also be shown on the plans.
Equipment. Circulating pumps and filters shall be located and operated so as not to create a nuisance or noise problem. If necessary, the equipment shall be shielded or contained behind a protective barrier.
Nuisance.
All pools shall be maintained in such a way as to not create a nuisance, hazard, or eyesore or be a detriment to public health, safety, or welfare.
The drainage of any pool may not be discharged onto adjoining property. The pool may, however, be drained into the Township streets or gutters which empty into the Township’s storm sewer, with approval and verification by Township staff.
Building permit fees.
Building permit fees as set forth by resolution.
Electrical permits fees as set forth by resolution.
Plumbing permit fees, as per the plumbing permit application, as set forth by resolution.
Effective date.
This section shall be in full force and effect following adoption by a majority of the Township Committee and upon publication as provided by statute.
Any pool erected or constructed within the Township of Buena Vista prior to the date of publication of this section shall be required to be in full compliance with all of the provisions of this section no later than one year following the date of publication.
Any pool erected or constructed within the Township of Buena Vista following the date of publication of this section shall be required to be in full compliance with all provisions of this section before it shall be permitted for use.
Public swimming pools. Public swimming clubs operated on a nonprofit, annual-membership basis shall be permitted when, in addition to meeting other applicable provisions of this chapter, they comply with the following:
Proof is furnished to the municipal agency that the proposed use is a bona fide, nonprofit activity organized solely for the use and enjoyment of the membership.
The parcel involved in the use shall comply with the district lot size and lot width requirements or contain at least five acres in area and 300 feet in width, whichever is greater.
No more than a total of 20% of the lot shall be covered by structures, parking areas and the pool, together with its adjoining hard-surfaced areas.
No part of the pool, its accompanying hard-surfaced area or other supporting structures or activity areas shall be located within any required yard area.
The maximum membership of the club shall be fixed at the time of application and shall be commensurate with the size of the parcel and the scale of facilities contemplated. No expansion of the membership shall take place subsequently without supplemental application to, and approval by, the municipal agency.
Any pool established in connection with a public swimming club shall be constructed and operated according to the requirements of N.J.S.A. 26:3-69.1 through 26:3-69.6, as amended and supplemented. The above-titled statute, commonly known as the “Swimming Pool Code of New Jersey,” 1955, is hereby adopted by reference.
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.
