Montclair Municipal Code Ch. 10.48 Swimming Pools

For the purposes of this chapter, "swimming pool" means an artificial pool or tank capable of holding water to a depth in excess of 12 inches, of whatever size, diameter or material, designed or adapted primarily for swimming or aquatic play or sports.

(Ord. 99-791 Exh. A (part); prior code § 8-10.01)

Every person in possession of land within the City, either as an owner, purchaser under contract, lessee, tenant or licensee, upon which land or in which land is situated a swimming pool, shall at all times maintain on the lot or premises upon which such pool is located, and completely surrounding such pool, a fence or other solid structure designed to prevent children and others from inadvertently wandering into the swimming pool. Such fence or other solid structure shall be not less than 5 feet in height with no openings, ladders, or other means for access over the fence or structure (other than by doors or gates) except as follows:

A. For a fence or other solid structure having chief covering members constructed in a vertical direction, there shall be no openings in a horizontal direction of more than 4 inches; and

B. For a fence or other solid structure having their covering members constructed in a horizontal direction, there shall be no openings in a vertical direction of more than 4 inches.

(Ord. 99-791 Exh. A (part); prior code § 8-10.02)

All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device not less than 4 feet, six 6 inches from the ground, designed to keep, and capable of keeping, such door or gate securely closed at all times to prevent a small child from opening such door or gate; provided, however, the door of any dwelling occupied by human beings and forming any part of the enclosure required by the provisions of this chapter need not be so equipped.

(Ord. 99-791 Exh. A (part); prior code § 8-10.03)

A. No person in the possession or control of any swimming pool on any land within the City, as either owner, lessee, tenant, purchaser under contract, trustee, mortgagee or beneficiary of the land upon which such swimming pool is located, shall abandon or vacate the premises upon which such swimming pool is located or is accessory or appurtenant, or cause or permit such premises to be abandoned or vacated, without first having either:

1. Emptied all the water from such swimming pool and left the swimming pool empty; or

2. Completely covered the swimming pool with a pool cover or protective device designed to prevent persons from having access to the pool and provide a professional pool cleaning service, including sweeping, filter changing, proper chemical balance of the water, and any other item necessary to provide a clean and safe pool.

B. No owner of any swimming pool on any land within the City, upon learning that the premises upon which such swimming pool is located or is accessory or appurtenant has been abandoned or vacated by the person in possession or control of such swimming pool, shall fail, within 48 hours after so learning or so being advised by the Code Enforcement Division, to either:

1. Empty all water from such swimming pool and leave the pool empty until such premises are again occupied by a person in the possession and control of such swimming pool; or

2. Completely cover such swimming pool with a pool cover or protective device designed to prevent persons from having access to the pool and provide a professional pool cleaning service, including sweeping, filter changing, proper chemical balance of the water, and any other item necessary to provide a clean and safe pool.

C. "Abandon" and "abandoned," as used in this section, shall mean the leaving of premises without an actual, apparent and manifest intention to return thereto within a reasonable and foreseeable time unless definite provisions have been made in writing prior to leaving the premises to have them actually occupied within 30 days after such leaving by some other person who will be in the possession and control of such swimming pool.

D. "Vacate" and "vacated," as used in this section, shall mean the leaving of premises with the intent to return, and actually returning to such premises within a period of 30 days or less, or such additional period not exceeding an aggregate of 60 days from the date of leaving as may be granted by the City for good cause, such as an extended vacation emergency, etc., unless during such period of absence some other person actually occupies such premises and is in the possession and control of such swimming pool.

E. Every person who violates or fails to comply with any of the terms, provisions or requirements of this section shall thereby have agreed and consented and conclusively be deemed to have agreed and consented:

1. That the City may enter upon the premises and empty all water from such pool or cause the same to be done or that the City may enter upon the premises to provide the necessary pool cover or protective device designed to prevent persons from having access to the pool, as well as to provide regular pool maintenance service if it is determined that all the surrounding security systems meet Code provisions; and

2. To reimburse the City on demand for the actual costs of emptying such pool, covering such pool, maintaining such pool, or causing the same to be done, and that the City may collect such costs from any person by civil action or any other lawful means selected by or available to the City, including where applicable, the means provided by Title 5, Division 1, Part 1, Chapter 1, Article 9 (beginning at Section 50230) of the Government Code of the State.

(Ord. 99-791 Exh. A (part); prior code § 8-10.04)

The public officials of the City, including the police and building officials are charged with the duty of enforcing the provisions of this chapter, and it is herewith specifically provided that the Building Official and his or her authorized deputies shall have the authority to enter upon any premises in the City to investigate the existence of a swimming pool and to determine whether or not there has been compliance with the provisions of this chapter.

(Ord. 99-791 Exh. A (part); prior code § 8-10.05)