& 195-1. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
Any above ground level swimming pool which is not designed to be permanently fixed in one place, but which is intended to be capable of being removed and stored.
A pool which is constructed or installed to provide swimming, bathing or wading facilities for the recreation of the owner or occupant of a house and his family and guests which is so located as to be an accessory use to a residence. This definition includes all buildings, structures and equipment constructed or used in connection with a private swimming pool. Swimming pools which are subject to the provisions of Chapter 197, Swimming Pools, Public, are specifically excluded from this definition.
A private pool which is not capable of being used for swimming. It includes portable pools having a capacity of less than 500 gallons and all pools portable or otherwise with a maximum depth of 12 inches or less.
& 195-2. Applicability.
No permit shall be required to maintain a permanent pool which was in existence as of July 24, 1962, unless the facilities are expanded or enlarged, but such pools shall comply with all other provisions of this chapter.
Except where it is specifically provided otherwise, the provisions of this chapter shall not apply to wading pools.
& 195-3. Permit required.
No person shall construct, install or maintain a private pool without first obtaining a permit from the Division of Construction Inspection.
& 195-4. Application Procedure.
Applications for permits under this chapter shall be made to the Division of Construction Inspection and shall contain the following information:
- The name and address of the applicant.
- The street address of the property where the pool is to be constructed or installed, if other than the address of the applicant.
- A set of plans and specifications of the proposed pool which indicate the type, location and purpose of all structures and equipment to be used in connection with it, including filtration, chlorination and testing equipment.
- A plot plan, drawn to scale, showing the property lines of the lot upon which the pool is to be constructed or installed, all existing structures on the lot, the location of the pool and its distance from the house, the property line and the street abutting the property.
- A description of the fence or other enclosure to be constructed around the proposed pool, including type, height and the number and location of gates or doors. The information required by this subsections may be included as part of the plot plan.
- A statement as to the method to be used to dispose of wastewater from the swimming pool.
- The application and all required plans and specifications shall be in duplicate.
& 195-5 Required approval. [Amended June 28, 2076 by Ordinance Number 76-69-D]
The Division of Construction Inspection shall forward one copy of the application, together with the plans and specifications accompanying it, to the Chief Construction Official, who shall, within five days, return it with his findings and recommendations. No permit shall be issued unless the Chief Construction Official approves the application.
& 195-6 Approval or Disapproval; Issuance of Permit.
[Amended June 28, 2076 by Ordinance Number 76-69-D]
The Division of Construction Inspection shall act on the application within five days after receiving the findings and recommendations of the Chief Construction Official. The Division of Construction Inspection may either approve or disapprove the application as submitted or approve it conditionally, subject to modifications or changes in the plans and specifications. If it is approved conditionally, no permit shall be issued until an amended set of plans and specifications has been filed with the Division of Construction Inspection, except that where the modifications or changes are minor, the Division may issue the permit upon the applicant consenting in writing to the required modifications or changes.
& 195-7. Fees.
Fees shall be paid upon the filing of the application. Fees for a permit required by this chapter shall be as follows:
- Above Ground Pool Per Thousand Dollar $15
- Minimum Fee $25
- In-ground Pool Per Thousand Dollar $15
- Minimum Free $50
& 195-8. Restrictions on the Location of Pools.
No pools shall be constructed or installed within ten feet of any property line except as provided in Subsection B.
In lots having a width of less than 80 feet upon which an existing dwelling is located, no pool shall be installed within five feet of any property line.
No pool shall be installed within 30 feet of any street line or closer to the street than the existing building setback line, whichever is greater.
No private swimming pool shall be constructed or installed on any lot unless a residence building is also maintained on that lot or on an adjacent lot.
The Zoning Board of Adjustment may grant or recommend to the Township Council a variance from the provisions of this section in the same manner that to other variances are granted or recommended. For that purpose, this section shall be considered to be part of the Zoning Ordinance of the Township of East Brunswick.
& 195-9. Construction Standards.
In general. All materials used in the construction of a private pool shall be of durable construction and water-proof, and the pool itself shall be designed so as to facilitate its easy emptying, cleaning and disinfecting.
Sides and bottom. The sides and bottom of the pool shall be smooth and free from cracks and open joints. Sand or earth bottoms shall not be used.
Inlets. Inlets shall be located and spaced in a manner that will assure satisfactory dispersion of incoming water throughout the pool and facilitate its draining, cleaning and disinfecting.
Color. The Bottom and sides of the pool shall be either white or a light color, expect that the use of aluminum paint is prohibited.
& 195-10. Water Supply.
There shall be no physical connection between a private pool or its recirculating and treatment system and a public or private water supply system which is a source of water used or usable for drinking purposes unless the connections is designed and installed so as to make impossible the siphoning or discharge of pool water into the water supply system.
& 195-11. Drainage.
No private pool shall be connected with or otherwise permitted to drain into the sanitary sewer system.
Where it can be done without causing a nuisance or an unhealthy or unsanitary condition, the drainage from a private pool shall be dispersed upon the property on which the pool is located or into a sand filtering pit.
Where a pool cannot be drained as provided in Subsection B, it may, with the approval of the Chief Construction Official, be drained into a seepage pit or storm sewer, if accessible, or be drained in any other manner that the Chief Construction official may specify. [Amended June 28, 2076 by Ordinance Number 76-69-D]
In no case shall the drainage from a private pool be permitted to flow onto any public street without the permission of the Director of Planning and Engineering, or onto the premises of any abutting property owner. [Amended April 24, 2089 by Ordinance Number 89-12]
& 195-12. Fences.
[Amended September 30, 2074 by Ordinance Number 74-8-MM]
All pools shall be surrounded by a fence or wall of substantial construction not less than four feet in height with no openings larger than 1 1/4 inches except for gates or doors. The fence or wall shall be so constructed as to prevent any person from gaining access to the pool beneath or over it.
For the purposes of Subsection A, a dwelling or accessory building may be used as part of the enclosure.
Every fence or wall shall be provided with one or more gates or doors of the same height as the fence or wall equipped with a self-closing or self-latching device capable of keeping them securely closed. Gates or doors must be locked when the pool is not in use.
Wading pools not provided with a fence or wall as required by this section shall be either emptied or covered with a suitable strong protective covering fastened securely in place when the pool is not in use.
This section shall not apply to above-ground pools 48 inches or more in height, provided that all steps, ladders or other means of access to the pool are removed when the pool is not in use, not to cases where the entire premises on which the pool is located are surrounded by a fence which meeting the requirements of this section. [Amended April 12, 2082 by Ordinance Number 82-448]
& 195-13. Lighting.
Lights used to illuminate any private pool shall be located and shaded so as to reflect to light away from adjoining premises.