Updated as of June 2018
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As used in this chapter, the following terms shall have the meanings indicated:
Outdoor pools which are artificially constructed below ground at a fixed location, and all buildings, equipment and appurtenances thereto. This definition shall not include irrigation ditches or irrigation ponds.
The Police Department, Building Inspector, Zoning Officer, Plumbing Inspector and Sanitary Inspector are hereby designated as the enforcement officials for this chapter. Said officials shall be granted access to any property in the township at reasonable hours to inspect any swimming pools and determine if they meet the requirements of this chapter.
Location. Swimming pools shall be permitted as an accessory use in residential and agricultural zones and shall be located at least 25 feet from the rear property line and shall be located in accordance with the building setback and yard requirements for the zone in which it is situate.
[Amended 5-31-1979]
Surface area. The surface area of the water of a swimming pool may not exceed 50% of the yard area
Neatness. All areas surrounding swimming pools must be kept neat and attractive so as to be in conformity with the surrounding property, and no rubbish, debris or litter shall be permitted to remain or accumulate in or about the swimming pool.
Construction. All material used in the construction of swimming pools shall be waterproof and easily cleaned. The use of aluminum paint as a finish and the use of sand-earth bottoms are hereby prohibited. All construction must comply with the applicable Plumbing, Electrical and Building Codes of the Township of Elk.[1]
Editor’s Note: For Building Code provisions, see Ch. 45, Building Construction.
Illumination. All illuminations for a swimming pool and the area surrounding the same shall be arranged with proper shading so as to reflect light away from adjoining properties and public highways.
Diving boards. Diving boards or platforms shall not be used or installed in connection with any swimming pool having a depth of less than eight feet. Diving boards or platforms may be installed and used for swimming pools having a depth of from eight feet to 11 feet, provided that the board or platform is not more than three feet above the water level. Standard diving boards or towers may be installed and used in the deep area of swimming pools having a depth greater than 11 feet
Barriers, fences and ladders. A permanent barrier, fence or obstruction not less than 48 inches nor more than eight feet in height shall be constructed in such a manner as to entirely enclose the area on which the swimming pool is located and to bar all reasonable and normal access to such pool except through a substantial self-closing gate or gates of a height of not less than 48 inches equipped with facilities for locking the gate when the pool is unattended and unguarded. The fence or barrier shall be constructed in such a manner as to prevent footholds so that young children cannot gain access by climbing. Every gate or door opening through such enclosure shall be equipped with a self-closing and self-latching device capable of keeping such gates and doors securely closed.
Abandoned swimming pools. All swimming pools whose use has been permanently discontinued and abandoned shall be immediately filled and regraded.
Sanitary regulations. In addition to the provisions of this chapter, the construction, installation, maintenance and operation of any private swimming pool shall be subject to any regulations now or hereafter provided in the property maintenance provisions of the Township of Elk.[2]
Editor’s Note: See Ch. 110, Property Maintenance
[Added 12-2-1976]
Any person who shall be charged with a violation of any of the provisions of this chapter shall, upon conviction therefor, be subject to a fine not exceeding $500 or imprisonment for a term not exceeding 90 days, or both.
113-1Adoption of standards by reference.
Pursuant to N.J.S.A. 26:3-69.1 and 26:3-69.6, the Swimming Pool Code of New Jersey 1970, as approved by the State Department of Health and filed in the Secretary of State’s office, is hereby accepted, adopted and established as a standard to be used for the construction, alteration and operation of swimming pools, as such word is defined in said code. A copy of the Swimming Pool Code of New Jersey 1970 is annexed to this chapter, and three copies of same have been placed on file in the office of the Township Clerk and are available to all persons desiring to use and examine the same.
113-2Powers of Health Officer.
The Health Officer of the Board of Health is hereby authorized and empowered to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter and shall be the authorized agent for the Board of Health in all matters relating to enforcement and administration of the Swimming Pool Code.
The following fees and charges are herewith established:
For the filing of an application and plans, or a license or permit to locate and construct a swimming pool, as defined in the code: $25.
For obtaining a license or permit to alter a swimming pool, as defined in said code: $15.
For a license or permit to operate a swimming pool, as defined in said code: $25.
The Board of Health may order all further work in and about any swimming pool which is being located or constructed in violation of the code to be stopped forthwith, except such work as shall be necessary to remedy such situation, and thereafter the work shall continue without any violation of any of the provisions of the code, and after issuance of any such order and the service of a copy thereof upon any person connected with or working in and about the erection or installation of any such pool, or any part thereof, no further work shall be done thereon except as aforesaid.
113-5Violations and penalties.
Any person or persons, firm or corporation violating any of the provisions of the Swimming Pool Code of New Jersey 1970, or any order promulgated under that code or this chapter shall, upon conviction thereof, pay a penalty of not less than $2 nor more than $500 for each violation. Each day a particular offense continues shall constitute a separate offense.
Special regulations applicable to swimming pools and man-made ponds.
No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residential building. Pools shall be located in rear yard areas only and shall occupy no more than 75% of the yard area in which it is located. All swimming pools used for bathing or swimming purposes in which water may collect in excess of a depth of two feet shall be completely enclosed by a fence. Swimming pools shall be located no less than 25 feet from any property line as measured from the water line.
[Amended 8-3-2006 by Ord. No. O-2006-2]
The type, quality and method of construction of any required fence shall be approved by the Construction Officer with the intent that it shall act as a safeguard and protection to children. Such fence shall be at least four feet in height, but not in excess of six feet, and non-removable. Fences shall have self-locking and self-closing gates and shall be such as to prevent unauthorized children and stray animals from entering the pool area in accordance with the requirements of the construction code. These requirements shall also apply to soft-sided pools.
No swimming pool shall be constructed in the Township except in accordance with a permit therefor previously secured from the Zoning Officer, upon written application accompanied by a plan showing the size, shape and location of the swimming pool and its enclosure and such other information as may be necessary for the Zoning Officer to determine whether the pool complies with the requirements of this chapter.
No commercial swimming pool shall be constructed or installed unless approved as part of a site plan approval. Commercial swimming pools shall be classified into types in accordance with their particular use and shall meet the appropriate design standards as set forth by the National Swimming Pool Institute or the Swimming Pool Code of New Jersey, whichever is more stringent.
A man-made pond with a water level of two feet or greater shall be located in a side or rear yard area only. Any man-made pond with a depth of two feet or greater shall comply with the fencing requirements as provided in Subsection B (2) above.
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.
