ORDINANCE OF THE BOROUGH OF MADISON IMPLEMENTING THE REQUIREMENT OF A BONDING AND GROUNDING CERTIFICATE PRIOR TO THE OPENING OF A PUBLIC POOL

WHEREAS, the Borough Administrator has recommended the Borough Code be amended to require a bonding and grounding certificate be issued prior to the opening or use or occupation in whole or in part of a public swimming pool; and

WHEREAS, N.J.S.A 52:27D-133.2, entitled "Bonding and Grounding Certificate Required" mandates that the bonding and grounding certificate be issued prior to opening; and

WHEREAS, "Bonding and grounding certificate" means a document issued by a recognized electrical testing agency that verifies the electrical continuity and integrity of the bonding and grounding system of a swimming pool; and

WHEREAS, pursuant to N.J.A.C. 5:23-2.18C, this requirement shall apply to any swimming pool, hot tub or spa located on any property other than one or two-family residential property and includes, but is not limited to, pools, hot tubs or spas open for the use of members, residents or the public

NOW, THEREFORE, BE IT ORDAINED, by the Council of the Borough of Madison, County of Morris, State of New Jersey that:

SECTION 1: Section 75-10 of the Borough Code, entitled "Permits and fees," is amended to include the following:

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B. A permit is required to construct a permanent swimming pool. The fee shall be on the same basis as fixed herein for other structures. A bonding and grounding certificate shall be required for public pools which either are newly constructed or have undergone modifications that impact the bonding or grounding system.

SECTION 2: Sections 146 -5.5 of the Borough Code, entitled "Outdoor pools," is amended to read as follows:

A. Outdoor swimming pools, decorative pools, reflecting pools and artificial fish ponds which contain 24 inches or more of water shall be protected by a fence, wall, building, enclosure or solid wall of durable material of which the pool itself may be constructed so as to afford no external handholds or footholds and of materials which are impenetrable by toddlers, and shall be at least four feet in height and equipped with a self-closing and self-latching closure mechanism not more than six inches below the top of the gate and provided with hardware for permanent locking.

 

B. A swimming pool shall not be opened for use or occupied in whole or in part by any person until a valid bonding and grounding certificate is provided to the Borough Construction Official.

SECTION 3: Section 170 - 1 of the Borough Code entitled "Definitions" is amended to the following:

POOL, PUBLIC -- Any basin or structure for which water is primarily used, including but not limited to pool, spa or hot tub, for sports and recreation by the public and for which a fee may or may not be charged, including any swimming pool operated by a group, association or club, whether the use thereof is restricted to members of said group, association or club or otherwise.

 

SECTION 4: Section 170 - 2 of the Borough Code, entitled "Permit required" , is amended to read as follows:

A. No person, firm or corporation shall, within the Borough of Madison, construct or maintain any private swimming pool, as defined in this chapter, until such person, firm or corporation shall first have made application for the same to and have been granted a permit therefore by the Building Official of the Borough of Madison, as in the case of any other building or structure.

 

B. It shall be unlawful to continue the use and occupancy of a public pool until a copy of a valid bonding and grounding certificate has been provided to the Borough Construction Official. The bonding and grounding certificate shall be valid for a period of five years from date of issuance.

SECTION 5: This Ordinance shall take effect as provided by law.

ADOPTED AND APPROVED

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ELLWOOD R. KERKESLAGER, MAYOR

ATTEST:

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MARILYN SCHAEFER, BOROUGH CLERK

Introduced and passed: March 27, 2006

Published, Madison Eagle: April 6, 2006

Hearing date set: April 24, 2006

Upon final adoption, published Madison Eagle April 27, 2006