Updated as of June 2018
[Adopted 2-16-1965 as Ch. BH:4-2 of the 1982 Revised General Ordinances (Ch. 371, Art. II, of the 1993 Code)]
The words, terms or phrases listed below for the purposes of this article shall be defined and interpreted as follows:
Includes either outdoor or indoor, above or below grade level, public, semiprivate or private pools which are installed or constructed to provide recreational facilities for swimming, bathing or wading.
Includes the artificially constructed pools not designed or used for swimming and not capable of holding more than 12 inches of water at its maximum depth.
A wading pool shall be exempt from the provisions of this article.
All swimming pools within the Township shall observe the following requirements:
A swimming pool shall not be constructed or placed below the surface grade of the surrounding ground within 20 feet of any individual sewerage disposal system.
The contents of any swimming pool shall not be discharged into any public or private sewerage disposal system.
The contents of any swimming pool shall not be discharged in such a manner as to create a nuisance or hazard or interfere with the comfort and well-being of the citizens of the Township.
The contents of a swimming pool may only be discharged in the following manner:
Contents of a swimming pool may be discharged by being piped or hosed to an existing ditch, brook, stream, drainage easement or any free flowing waterway or public storm basin.
The contents of a swimming pool may be disposed of by using such for watering the lawn of the premises upon which the swimming pool exists, provided that such use of the contents for watering shall not flood or cause any hazard or nuisance to adjacent property owners.
All swimming pools shall be enclosed by a substantial fence, not less than 48 inches in height, constructed so as to prevent any person from gaining access beneath or through the fence and which shall have a similarly substantial gate of the same height as the fence. All fencing which is not a structural component of the pool shall be a minimum of 24 inches from the perimeter of the pool. Where the fencing is a structural component of the swimming pool, then any ladder used for ingress or egress into the pool shall not be left in a manner which would permit entry when the pool is left unguarded. Horizontal openings in fencing shall not be in excess of two inches in width. All gates shall be self-latching with latches placed four feet above the underlying ground. The swimming pool gates shall be closed at all times except when opened for the purpose of entrance and exit.
No artificial lighting shall be maintained or operated in connection with the pool in such manner as to be a nuisance to or any annoyance to neighboring properties. No overhead electrical conductors shall be installed within 15 feet of any swimming pool. All metal fences, enclosures or railings near or adjacent to a swimming pool and to which bathers have access, which may become electrically alive as a result of contact with broken overhead conductors or from any other cause, shall be effectively grounded. All lighting, wiring and fixtures shall meet the requirements of the Middle Department Association of Fire Underwriters.
Every owner of any swimming pool shall upon demand permit the sanitary inspector of Monmouth County to inspect the contents of the swimming pool to ascertain whether or not the contents are contaminated, and, in the event that the contents of such swimming pool are found to be contaminated, the sanitary inspector shall cause a written notice to be served upon the owner of the swimming pool, advising such owner of the unhealthy and contaminated condition. Such notice shall further provide that the owner of the swimming pool shall, within 24 hours of the service of the notice, abate the unhealthy and contaminating contents.
Any person, partnership, association or corporation or any member thereof or officer of such, who violates this article or any part thereof shall, upon conviction in the Joint Municipal Court, forfeit a fine not exceeding $50 for the first offense and $100 for each subsequent offense.
[Adopted 3-26-1973 as Ch. BH:4-1 of the 1982 Revised General Ordinances (Ch. 371, Art. I, of the 1993 Code)]
A code regulating and controlling the location, construction, alteration and operation of swimming pools, the issuance of licenses or permits to locate, construct, alter or operate swimming pools, and declaring and defining certain swimming pools and acts as nuisances and fixing penalties for such is hereby adopted, pursuant to N.J.S.A. 26:3-69.1 et seq. A copy of the code is annexed hereto and made a part hereof, without the inclusion of the text thereof herein.
Editor’s Note: Original Sections 371-1, Adoption of standards, 371-2, Title of code, and 371-3, Availability of copies, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The code established and adopted by this article is described and commonly known as the New Jersey State Sanitary Code (Chap. 9), Public Recreational Bathing, N.J.A.C. 8:26, as amended.
Three copies of the code have been placed on file in the office of the Secretary of the Monmouth County Health Department for the use and examination of the public.
As used in this article, the following terms shall have the meanings indicated:
Includes the operator of any municipal, municipally chartered or nonprofit swimming pool which may be located in and solicits memberships from residents of the Township.
The same as defined in the code.
In any case in which more than one swimming pool is operated by the same person at a single site, the requirements set forth in the code and in this article shall apply to each individual pool as if it were a separate and distinct pool operated by a separate and distinct person, regardless of whether such individual pools have separate filtering systems or a common filtering system for all pools.
Editor’s Note: Former Sec. BH:4-1.5b, Exception, which immediately followed this section, was repealed 3-9-1988.
No person shall locate, construct, alter or operate a swimming pool until licenses or permits therefor have been issued by the Monmouth County Board of Health.
Licenses and permits issued for the operation of a swimming pool shall expire annually on May 1 of each year.
Application for the renewal of such licenses or permits or for a new license or permit shall be submitted prior to April 1 of each year, together with the required fee. License and permit applications submitted after April 1 of any calendar year will not be acted upon until the Monmouth County Board of Health has had a reasonable opportunity to inspect the site of the swimming pool, and vote upon the application at its next regular monthly meeting.
Licenses and permits issued for the location, construction or alteration of a swimming pool shall expire one year after the date of issuance, unless such location, construction or alteration has commenced by that date.
Licenses or permits required by this article or the code may be denied or suspended by the Board of Health for failure to comply with this section or the code, provided that the Monmouth County Board of Health shall afford the person whose license or permit has been denied or suspended an opportunity to be heard in public hearing, which public hearing shall take place within five business days of the date of such denial or suspension. Following such public hearing, the person shall be informed in writing of the decision of the Monmouth County Board of Health within three days. In the event of a suspension of a license or permit, the licensee or permittee may not operate or permit the use of the designated swimming pool pending public hearing and the decision of the Monmouth County Board of Health.
A fee of $150 is hereby established for the issuance or renewal of a license or permit to operate each individual swimming pool, hot tub or spa as defined in N.J.A.C. 8:26-1 et seq.
[Amended 3-9-1988; 12-7-2005]
None of the fees established under this section shall be required of any swimming pool owned, operated or controlled by a municipality or any subdivision, agency or bureau thereof.
The imposition of any fees or requirements under this article or the annexed code shall not in any way interfere with the fees and requirements which may be imposed by the Building Inspector, Zoning Officer, Planning Board or any other duly constituted authority of the Township.
Any person who violates any of the provisions of this article or of the code shall, upon conviction thereof, be subject to a penalty of not less than $10 nor more than $100 for each violation.