SWIMMING POOLS CHAPTER 190 ARTICLE I GENERAL PROVISIONS ARTICLE II PRIVATE POOLS GENERAL REFERENCES ARTICLE I GENERAL PROVISIONS

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1 SWIMMING POOLS CHAPTER 190 ARTICLE I GENERAL PROVISIONS Adoption of Standards Title; Amendments Copies on File Permit Required Fees Term of Permit; Renewal Denial of Suspension of Permit; Hearing Violations and Penalties ARTICLE II PRIVATE POOLS Definitions Building Permit Required Location of Pool Fences and Enclosures; Access to Pools Lighting Operation and Maintenance Violations and Penalties GENERAL REFERENCES Parks and Recreation See Ch. 154 Public Health Nuisances See Ch. 162 ARTICLE I GENERAL PROVISIONS ADOPTION OF STANDARDS: A Code regulating and controlling the location and construction, alteration and operation of swimming pools and the issuance of permits to locate and construct, alter and operate swimming pools and declaring and defining certain swimming pools as nuisances and fixing penalties for violations is hereby adopted pursuant to N.J.S.A. 26: to 26: ITLE; AMENDMENT: The Code established and adopted by this Article is described and commonly known as the "Swimming Pool Code of New Jersey (1970)"

2 LINCOLN PARK CODE However, there shall be added to such Code a section to be known as "Section 17", as follows: SECTION 17 HOURS OF OPERATION All pools equipped with artificial lighting pursuant to the provisions of this Code shall be closed by 11:30 p.m. each day. Pools not having lights shall be closed not later than one-half (½) hour after sunset of each day COPIES ON FILE: Three (3) copies of the Swimming Pool Code of New Jersey (1970), have been placed on file in the Office of the Director of the Department of Health upon the introduction of this Chapter, and will remain on file in the office for the use and examination of the public PERMIT REQUIRED: No person shall locate and construct, alter or operate a swimming pool until permits therefore shall have been issued by the Department of Health FEES: Fees and charges shall be in accordance with Chapter 139, Health Department, Fee Schedule, Section 139-2, Swimming Pools TERM OF PERMIT; RENEWAL: 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 March 30th of each year DENIAL OR SUSPENSION OF PERMIT; HEARING: A. Permits required by this Article or Code may be denied or suspended by the Department of Health for failure to comply with this Article or Code. B. The Department 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 Department's decision as provided by Section 2 of the Swimming Pool Code of New Jersey (1970) SWIMMING POOLS VIOLATIONS AND PENALTIES:

3 Persons violating this Article shall, upon conviction, be punished by a fine not exceeding one hundred ($100.) dollars or by imprisonment not exceeding ten (10) days, or by both such fines and imprisonment. ARTICLE II DEFINITIONS: PRIVATE POOLS For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section: PERMANENT PRIVATE POOL Any private pool, whether permanently construed or of the portable type, having a depth of more than fifteen (15") inches or more below the level of the surrounding land or an above-surface pool having a depth of more than twenty-eight (28") inches, located outdoors and used or intended to be used for swimming, bathing or other use by the owner or lessee of the property on which it is situated or by the family or guests of such owner or lessees as an accessory use to a residence. PORTABLE PRIVATE POOL Any above-surface type of swimming pool constructed of canvas, rubber, plastic or other material not designated or intended to be stationary or permanently fixed but designed and intended to be removed and stored, and not included in the definition of "permanent private pool". WADDING POOL Any shallow pool not included under the definition of "permanent private pool" above BUILDING PERMIT REQUIRED: A. No person shall install, construct, alter or erect a permanent private pool or a portable private pool until he shall have obtained a building permit issued by the Building Inspector as is the case of any other structure. B. Applications for a permit shall be made, in writing, to the Building Inspector, accompanied by two (2) sets of plans drawn to scale. (1) The plans shall include the following: 1) The plans should include the following: a. The dimensions of pool, with side and top elevations LINCOLN PARK CODE b. A plot plan showing property lines of the land upon which the proposed pool is to be constructed and showing all existing houses and structures, cesspools, tanks or subsurface sewer disposal

4 systems and distances of the pool from property lines and abutting streets. c. The height and type of fences, walls or enclosures as required in this Article. 2) The permit fee(s) for the construction and/or installation of all pools, shall be set, annually, by Resolution of the Governing Body. Such fee(s)shall cover the cost of processing the application and inspecting the proposed site. Payment shall be made by check or money order payable to the Borough of Lincoln Park. C. Notwithstanding the above, portable or private pools seasonally disassembled and reassembled in the same location are exempt from the requirements of this Section, provided that an initial permit or first permit is obtained pursuant to the provisions hereof LOCATION OF POOL: A. Any private swimming pool shall be constructed or installed: (1) No closer than ten (10') feet to the rear property line. (2) No nearer than ten (10') feet to any side property line. The ten (10') feet shall be measured from the outermost portion of the structure. (3) No closer than ten (10') feet to any residence. B. No private swimming pool or wading pool shall be constructed or installed on any lot which is not part of a residential plot containing a residential building. The provisions of this Section shall not apply to swimming pools of a permanent nature which have been constructed prior to June 1, FENCES AND ENCLOSURES; ACCESS TO POOLS: A. The Borough Council expressly declares that private swimming pools which are not properly fenced are detrimental to the health, welfare and safety of the residents of the Borough. Therefore, all private swimming pools now existing or hereafter constructed, installed, established or maintained shall be completely enclosed by a permanent fence or wall enclosure of durable material four (4') feet in height and shall be constructed as to not have openings, meshed holes or gaps larger than two and one-half (2½") inches in dimension and should reasonably prevent any person from gaining access beneath any part of the fence. If a picket fence is erected or maintained, the spaces between the pickets shall not be in excess of two (2") inches. A dwelling house or accessory building may be used as part of such enclosure. All

5 fence openings or points of entry into the pool area enclosure, shall be equipped with gates. All gates shall be equipped with selfclosing and self-latching devices placed at the top of the gate and made inaccessible to small children. Above-the-surface pools with smooth, unbroken vertical sidewalls four (4') feet or more in height above the surface of the ground are excluded from the provisions of this Section, provided that the provision of this Article relating to access ladders or steps set forth below is complied with. Construction or temporary fencing shall be installed at the start of excavation and shall remain in place for a period not to exceed fourteen (14) days following completion of pool construction. B. Any access ladder or steps used with any of the above-surfacetype swimming pools, whether permanent or portable, shall be removed from the pool when not in use. "Removal" shall be defined as not capable of being used to enter the pool. C. All existing permanent private swimming pools shall be fenced, as herein required, within sixty (60) days following June 1, LIGHTING: Lights used above the surface of the water to illuminate any private swimming pool shall be so arranged and shielded that the light will be reflected away from adjoining premises OPERATION AND MAINTENANCE: A. All private swimming pools shall be maintained in a clean and sanitary condition, and all equipment shall be maintained in satisfactory operating condition during the periods of time the pool is in use. B. Pools shall be maintained and operated so that the use thereof shall not cause excessive noises which will result in the annoyance, disturbance or discomfort of adjacent neighbors. C. Violations of Subsection A of this Section shall fall within the jurisdiction of the Department of Health of the Borough VIOLATIONS AND PENALTIES: Persons violating this Article shall, upon conviction, be punished by a fine SWIMMING POOLS not exceeding one hundred ($100.) dollars or by imprisonment not exceeding ten (10) days, or both such fine and imprisonment.

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