Updated as of June 2018
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415-113Swimming pools, private.
Editor’s Note: See also Ch. 367, Swimming Pools, Art. II, Fencing and Registration of Private Pools.
Residential swimming pools shall be considered accessory structures and shall meet the requirements of § 415-90D above.
Pools shall also meet the following requirements:
No person shall install, construct, erect or make any alteration, addition or other improvement to any permanent private swimming pool until he shall have obtained a building permit issued by the Construction Code Official as in the case of any other structure.
No person shall install, construct, erect or maintain a portable private swimming pool in any calendar year until he shall have obtained from the Construction Code Official a portable swimming pool permit. The application for the permit shall show the dimensions of the pool.
No permit shall be issued for a below-ground pool until a site plan prepared by a licensed professional engineer has been submitted and approved by the Borough Engineer.
[Added 11-9-2004 by Ord. No. 14-2004]
A $250 fee for the required engineering services shall be submitted with site plan. In the event that the site plan is not approved and must be resubmitted, the applicant will be charged at the municipal engineer’s hourly rate.
[Added 11-9-2004 by Ord. No. 14-2004]
All private swimming pools shall be registered annually with the Construction Code Official who shall be required to keep a complete and up-to-date registry of said swimming pools, and an annual registration fee of $2 shall be charged. Said registration shall be made not later than April 15 of each year, except that any pool erected or installed after April 15 shall be registered at the time a building permit or portable swimming pool permit is issued. The Construction Code Official shall supply a registration decal which shall be prominently displayed on or near the pool.
Every below-ground private swimming pool within the Borough shall be completely surrounded by a fence or wall not less than four feet in height which shall be so constructed as to not have openings, holes or gaps larger than three inches in any dimension, except doors and gates; and if a picket fence is erected or maintained, the horizontal dimension shall not exceed three inches. The fence or wall shall be constructed at a distance of at least three feet from the outside edge of the swimming pool. A dwelling house or accessory building may be used as part of such enclosure. All gates and doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gates or doors securely closed at all times when not in actual use, except that the door of any dwelling which forms part of the enclosure need not be so equipped. Any existing below-ground private swimming pool shall be provided with an enclosing fence or wall and gate within 45 days of the date of final adoption of this chapter.
All private swimming pools erected, installed or constructed above ground shall have any access ladder or steps removed from the pool or otherwise rendered unusable when the pool is not in use.
The Construction Code Official of the Borough shall be responsible for the enforcement of these requirements.
486-1Adoption of Code by reference.
A code regulating and controlling the location and construction, alteration and operation of swimming pools, the issuance of permits to locate and construct, alter or operate swimming pools, and declaring and defining certain swimming pools as nuisances and fixing penalties for violations is hereby adopted, pursuant to Chapter 188, P.L. 1950 (N.J.S.A. 26:3-69.1 to 26:3-69.6). A copy of said code is annexed hereto and made a part hereof without inclusion of the text thereof herein.
[Amended 12-18-1974]
The code established and adopted by this chapter is described and commonly known as the “Swimming Pool Code of New Jersey (1970).”
[Amended 12-18-1974]
Three copies of the Swimming Pool Code of New Jersey (1970) have been placed on file in the office of the Clerk of this Board of Health upon the introduction of this chapter and will remain on file in said office for use and examination by the public.
No person shall locate and construct, alter or operate a swimming pool until permits therefor shall have been issued by this Board of Health.
The following fees and charges are herewith established:
For the issuance of a permit to locate and construct a swimming pool: $50.
For the issuance of a permit to alter a swimming pool: $25.
For the issuance or renewal of a permit to operate a swimming pool: $100.
Permits issued for the operation of a swimming pool shall expire annually on December 31 of each year, and application for renewal thereof shall be submitted, together with the required fee, prior to December 1 of each year.
486-7Permit suspension; hearing.
Permits required by this chapter or the code adopted herein may be denied or suspended by the Board of Health for failure to comply with this chapter or the code adopted herein.
The Board of Health shall afford the person whose permit to locate and construct, alter or operate has been denied or suspended an opportunity to be heard in public hearing, and following this to be informed of the Board’s decision as hereafter provided by Section 2 of the code adopted by this chapter.
[Adopted 5-21-1968 by Ord. No. 922 (Ch. 120 of the 1974 Code)]
There is hereby established a municipal swimming pool to be located within the area depicted on the Zoning Map of the Borough of Totowa as a Recreation and Education Zone
Editor’s Note: See Ch. 415, Zoning and Land Use.
within Lot 2, Block 10, on the Tax Map of the Borough of Totowa, the same to include a pool, pool facilities and appurtenances, dressing rooms, bathhouses, toilets, parking area, recreation facilities and food and drink dispensing facilities.
The general supervision and control over the maintenance, operation and regulations of the same shall be assigned to a Pool Commission which shall establish rules and regulations, as approved by the Mayor and Borough Council, which are reasonably related to the health, welfare and safety of those availing themselves of the facilities of the pool areas, and to the protection of the property therein.
The members of the Pool Commission shall be five residents of the Borough of Totowa, serving without salary, appointed by the Mayor, with the advice and consent of the Borough Council in the following manner: For the first appointments, one member shall be appointed for one year, one member for two years, one member for three years, one member for four years and one member for five years. At the expiration of each of the above terms, the new members shall be appointed for terms of five years.
The Commission shall engage in such expenditures and hire employees under such salaries as shall come under the budgetary appropriations of the Commission and as approved by the Mayor and Borough Council.
The Pool Commissioners shall pay for their membership in the Totowa Pool as set forth in § 367-3 hereafter.
[Added 4-13-1999 by Ord. No. 6-99]
367-3Membership: classification, badges, age requirements.
[Amended 4-13-1999 by Ord. No. 6-99]
The use of the pool areas shall be limited to residents of Totowa Borough who shall be required to submit proof of residency and thereafter may obtain pool membership, and to their guests, as hereinafter defined, upon payment of fees established annually by the Mayor and Borough Council by resolution for the following classifications:
Family membership (a family shall consist of wife, husband, legal guardian and unmarried children under the age of 21 years, residing in the same household).
Individual membership (over 18 years).
Nonmembers.
Senior citizen couple or a individual senior (over the age of 62 years).
Each qualifying member and guests shall be issued a badge which shall be conspicuously displayed upon the person at all times, including entrance to and exit from the premises. Lost badges shall be replaced at a cost to be determined by the Commission. Transfer of badges is prohibited and will result in loss of pool membership.
No child 15 years of age or less shall be admitted unless accompanied by a person at least 18 years of age, which person shall remain in the area of or near the child at all times. Members who leave children unattended shall be subject to loss of membership.
367-4Sale of food and beverages.
The sale of beverages, food products or other commodities shall be controlled by the Commission as approved by the Mayor and Borough Council, and such sale otherwise by any person is prohibited, except by resolution of the Mayor and Borough Council.
All fees, rents or other income in the hands of the Commission shall be remitted to the Borough Treasurer and shall be kept in an account or accounts separate and distinct from any other accounts of the Borough.
Regulations shall be posted to ensure the health and safety of those on the premises as well as an orderly management of the premises, and the violators of these regulations shall be subject to penalties herein provided. The regulations shall include, but shall not be limited to:
Running, pushing, wrestling, use of abusive or profane language, fighting or causing any undue disturbance is prohibited.
Any person having a communicable disease, open blisters or cuts, infections or skin diseases shall be refused admission.
Entrance is prohibited into the pool unless a lifeguard is present.
No animals shall be permitted.
Members and guests shall keep the premises clean and dispose of trash and rubbish in containers supplied by the Commission.
Women and girls shall wear bathing caps in the pool.
No person shall be indecently exposed and all bathing suits shall conform to commonly accepted standards.
No glass containers shall be permitted in the immediate area of the pool.
Dressing and undressing shall be confined to the dressing rooms.
367-7Violations and penalties.
[Amended 11-12-1974 by Ord. No. 1027]
The admission privileges of any person violating any of the provisions of this article or any regulations promulgated pursuant thereto may be suspended by the Commission, and such violation shall subject the violator, upon conviction in the Municipal Court, to the general penalty provisions contained in Chapter 1, General Provisions, Article I.
Article II: Fencing and Registration of Private Pools
[Adopted 9-11-1973 by Ord. No. 1010 (Ch. 121 of the 1974 Code)]
As used in this article, the following terms shall have the meanings indicated:
PERMANENT PRIVATE SWIMMING POOL
Any type of private swimming pool other than a portable private swimming pool.
PORTABLE PRIVATE SWIMMING POOL
Any above-surface-type private swimming pool made of permanently pliable plastic or plastic-coated material, canvas, pliable rubber or other permanently pliable material designed to be removed and stored.
Any pool designed and maintained for swimming purposes and used as an accessory to a residence by the persons living therein and their guests, and shall be construed as including both artificial and partly natural pools, above or below ground level, that have a water depth in excess of 24 inches.
No person shall install, construct, erect or make any alteration, addition or other improvement to any permanent private swimming pool until he shall have obtained a building permit issued by the Construction Code Officer as in the case of any other structure.
No person shall install, construct, erect or maintain a portable private swimming pool in any calendar year until he shall have obtained from the Construction Code Officer a portable swimming pool permit. The application for the permit shall show the dimensions of the pool.
367-10Pool registration required; deadline and fee.
All private swimming pools shall be registered annually with the Construction Code Officer who shall be required to keep a complete and up-to-date registry of said swimming pools, and an annual registration fee of $2 shall be charged. Said registration shall be made not later than April 15 of each year, except that any pool erected or installed after April 15 shall be registered at the time a building permit or portable swimming pool permit is issued. The Construction Code Officer shall supply a registration decal which shall be prominently displayed on or near the pool.
367-11Compliance with zoning regulations.
Any private swimming pool shall comply with the detached accessory building location requirements of the zoning regulations.
Editor’s Note: See Ch. 415, Zoning and Land Use.
367-12Swimming pool enclosures.
Every below-ground private swimming pool within the Borough shall be completely surrounded by a fence or wall not less than four feet in height which shall be so constructed as to not have openings, holes or gaps larger than three inches in any dimension, except doors and gates; and if a picket fence is erected or maintained, the horizontal dimension shall not exceed three inches. The fence or wall shall be constructed at a distance of at least three feet from the outside edge of the swimming pool. A dwelling house or accessory building may be used as part of such enclosure. All gates and doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gates or doors securely closed at all times when not in actual use, except that the door of any dwelling which forms part of the enclosure need not be so equipped. Any existing below-ground private swimming pools shall be provided with an enclosing fence or wall and gate within 45 days of the date of final adoption of this article.
367-13Removal of access ladders or steps.
All private swimming pools erected, installed or constructed above ground shall have any access ladder or steps removed from the pool or otherwise rendered unusable when the pool is not in use.
The Construction Code Officer of the Borough shall be responsible for the enforcement of this article.
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.
