Updated as of June 2018
PRIVATE SWIMMING POOL — An outdoor swimming pool installed, altered, or enlarged, having either an inside structural depth in excess of 24 inches or a surface in excess of 240 square feet, constructed or maintained upon any premises by any person for use by himself, his family or guests. A permit shall not be required for normal maintenance or repair including liner replacement and coping.
No person shall construct, install, enlarge or alter a private swimming pool without first obtaining a permit from the Building Subcode Official. The fee for a permit shall be paid upon the filing of the application, and the amount of the fee shall be determined in accordance with the provision of the current Fee Schedule Ordinance.
The Building Subcode Official shall issue a permit for the construction, installation, enlargement or alteration of pool if the application complies with this chapter and the BOCA Building Code requirements which become part of this chapter.
|421.10.1. Outdoor private swimming pool: An outdoor private swimming pool, including an in-ground, aboveground or on ground pool, hot tub or spa, shall be provided with a barrier which shall comply with the following:|
|(1)||The top of the barrier shall be at least 48 inches (1219mm) above finished ground level measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between finished ground level and the barrier shall be two inches (51mm) measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above finished ground level, such as an aboveground pool, the barrier shall be at finished ground level, such as the pool structure, or shall be mounted on top of the pool structure. Where the barrier is mounted on the pool structure, the opening between the top surface of the pool frame and bottom of the barrier shall not allow passage of a four-inch (102mm) diameter sphere.|
|(2)||Openings in the barrier shall not allow passage of a four-inch (102mm) diameter sphere.|
|(3)||Solid barriers shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.|
|(4)||Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches (1143mm), the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1 3/4 inches (44mm) in width. Decorative cutouts shall not exceed 1 3/4 inches (44mm) in width.|
|(5)||Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches (1143mm) or more, spacing between vertical members shall not exceed four inches (102mm). Decorative cutouts shall not exceed 1 3/4 inches (44mm) in width.|
|(6)||Maximum mesh size for chain link fences shall be a 1 3/4 inch (32mm) square, unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to not more than 1 3/4 inches (44mm).|
|(7)||Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall be not more than 1 3/4 inches (44mm).|
|(8)||Access gates shall comply with the requirements of items (1) through (7) of Section 421.10.1 and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outwards away from the pool and shall be self-closing and have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches (1371mm) from the bottom of the gate: a) the release mechanism shall be located on the pool side of the gate at least three inches (76mm) below the top of the gate; and b) the gate and barrier shall not have an opening greater than 1 1/2 inch (13mm) within 18 inches (457mm) of the release mechanism.|
|(9)||Where a wall of a dwelling unit serves as part of the barrier and contains a door that provides direct access to the pool, one of the following shall apply:|
|9.1.||All doors with direct access to the pool through that wall shall be equipped with an alarm which produces an audible warning when the door and its screen, if present, are opened. The audible warning shall commence not more than seven seconds after the door and door screen, if present, are opened and shall sound continuously for a minimum of 30 seconds. The alarm shall have a minimum sound pressure rating of 85 dBA at 10 feet (3048mm), and the sound of the alarm shall be distinctive from other household sounds such as smoke alarms, telephones, and door bells. The alarm shall automatically reset under all conditions. The alarm shall be equipped with manual means, such as touchpads or switches, to deactivate temporarily the alarm for a single opening from either direction. Such deactivation shall last for not more than 15 seconds. The deactivation touchpads or switches shall be located at least 54 inches (1372mm) above the threshold of the door.|
|9.2.||All doors with direct access to the pool through that wall shall be equipped with a self-closing and self-latching device with the release mechanism located a minimum of 54 inches (1372mm) above the floor. Swinging doors shall open away from the pool area.|
|9.3.||The pool shall be equipped with a power safety cover. Where in a closed position, the cover shall be capable of holding a weight of 485 pounds (2157N) shall not have any openings that allow passage of a 4 1/2 inch (114mm) sphere and shall incorporate a system to drain standing water that collects on the cover. The cover control switch shall be permanently installed in accordance with NFPA 70 listed in Chapter 35, and be key-operated and of a spring-loaded or momentary-contact type. Where the switch is released, the operation of the cover shall stop instantly and be capable of reversing direction immediately. The switch shall be in the line of sight of the complete pool cover.|
|(10)||Where an aboveground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a fixed or removable ladder or steps, the ladder or steps shall be surrounded by a barrier which meets the requirements of items (1) through (9) of Section 421.10.1. A removable ladder shall not constitute an acceptable alternative to enclosure requirements.|
No private swimming pool shall be constructed, installed, enlarged or altered on any lot unless there shall be located upon the lot a residence building as defined in the Zoning Ordinance of the Township.
Editor’s Notes: See Ch. 206, Zoning.
In the construction, installation, enlargement or alteration of any private swimming pool, the location of the pool shall meet the following requirements:
Distance from any side and rear lot line or the residential structure to the inside face of the pool wall shall be at least six feet.
The distance between the street on which the property fronts and the inside face of the pool shall not be less than the existing distance between the street line and the main front wall of any structure on such property.
All pumps and filtration systems shall be kept at a maximum distance from all property lines and shall be at least six feet from any property line or enclosed in a shed. The filter must be manufactured as of the year 2000.
All in-ground pools and all surrounding concrete or paved areas shall not be counted as improved lot coverage and shall be classified as detention/retention areas. All paved areas shall be graded toward the pool.
All artificial lighting of the swimming pool and swimming pool area shall be shielded from direct view of neighboring properties, and no lighting shall be maintained or operated in connection with such pool in such a manner as to be a nuisance and/or annoyance to neighboring property owners.
No physical connection shall be made or permitted between potable water systems and pool circulation systems. Potable water for makeup and filling purposes shall be introduced in the pool by means of a discharge pipe or hose connected to an anti-syphon device. In either case, there shall be an air gap of at least six inches between the orifice of the discharge pipe or hose.
Any discharge water from the pool shall be discharged to the street curb or storm sewer if available.
Pool discharge shall not be permitted to enter the sanitary sewer.
Pool discharge shall not be permitted to be drained on the surface, where it can adversely affect any other property in the neighborhood.
Every pool shall be constructed, installed, enlarged, altered and maintained in accordance with, and the water contained therein shall comply with, the approved disinfection, filtering and bacteriological standards as may be determined by the Health Officer based upon the latest health code, ordinance or regulation in force and effect in the municipality.
Protection for the pool shall comply with the Boca Building Code Section 421.10.1 in its entirety.
All electrical wiring for light and power in connection with swimming pools shall be installed in strict compliance with the current requirements of the National Electrical Code.
If a swimming pool shall be used between the hours of 11:00 p.m. and 7:00 a.m., noise should be eliminated after 11:00 p.m., and after 11:00 p.m. the volume of illumination should be reduced so as not to constitute a nuisance to neighboring residents.
All swimming pools shall be maintained in a clean and sanitary condition, and all equipment shall be maintained in a satisfactory operating condition during periods when the pool is in use.
No swimming pool shall be used, kept, maintained or operated in the Township if such use or the operation of same shall be the occasion of any nuisance or shall be dangerous to life or detrimental to health.
It shall be unlawful for any person to make, continue or cause to be made or continued at any swimming pool any loud, unnecessary or unusual noise, or any noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others. In the operation of such pool, the use or operation of any radio, receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing of the person or persons who are in the pool, shall be unlawful.
The Building Subcode Official, Township Engineer, Zoning Officer and the Health Officer, or their representatives, shall have the authority to make such inspections of the construction, installation, enlargement or alteration, maintenance and operation of the pool and surrounding area as are necessary from time to time to ascertain that there is compliance with this chapter and with the requirements of the health, zoning, site plan and building ordinances of this Township.
Any person who constructs, installs, enlarges or alters, uses or maintains any swimming pool in violation of any provision of this chapter or any ordinances referred to in this chapter shall, upon conviction thereof, be punished by a fine not exceeding $200 or by imprisonment in the county jail for a term not exceeding 90 days, or both. Each day that the violation continues in existence shall be considered as a separate offense for which a separate penalty and conviction may be imposed along with separate fines and/or imprisonment as may be determined by the court.