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Swimming Pool Zoning Laws and Fencing Requirements Borough of Park Ridge, Bergen County

June 12, 2018

Updated as of June 2018

www.ecode360.com

88-1Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

CONSTRUCT or CONSTRUCTION

Includes building or installing a new swimming pool or enlarging an existing swimming pool or any of its facilities.

PORTABLE POOL

Any portable above-surface-type pool with an inside horizontal dimension greater than 10 feet and a depth greater than 30 inches, said pool not being stationary or fixed but capable of being removed for storage.

PRIVATE SWIMMING POOL

Any pool of a permanent-type construction or any portable pool, the largest horizontal dimension of which exceeds 10 feet or the depth of which exceeds 30 inches and which exceeds 1,500 gallons in capacity, said “private swimming pool” to be used and maintained for swimming purposes by an individual for use by his household and guests without fee and located upon property owned, leased or otherwise used and maintained by the owner of said pool.

SWIMMING POOL

Includes any fill-and-draw, flow-through and recirculation pool, outdoor or indoor, which is artificially constructed to provide recreational facilities for swimming, bathing or wading and all buildings, equipment and appurtenances thereto. This definition shall not include natural outdoor ponds, rivers, lakes or baths used for the cleansing of the body or the practice of the healing arts.

WADING POOL

Any portable above-surface-type pool with a depth of less than 30 inches and a liquid capacity of less than 1,500 gallons, said pool not being stationary or fixed but being capable of removal for storage.

88-2Compliance required; use limited; precautions during nonuse.

No person shall construct, maintain or operate any private swimming pool within the borough except as provided in this chapter.

The use of any private swimming pool shall be limited to a single private family and the owner’s social guests.

When not being used during non-swimming months, a private swimming pool must either be emptied of all waters or covered with a cover of sufficient strength so as to support a weight of at least 300 pounds.

[Added 7-8-1974 by Ord. No. 74-16

88-3Permit required.

[Amended 12-11-1978 by Ord. No. 78-20]

A construction permit shall be required for the construction or erection of a private swimming pool and shall conform to the regulations of Chapter 101, Zoning, and Chapter 50, Construction Codes, Uniform.

88-4Application for permit; contents.

[Amended 12-11-1978 by Ord. No. 78-20]

An application for a construction permit for the construction or erection of a private swimming pool shall be made in writing to the Construction Code Official. The application shall include all final plans, specifications and other required reports, which may essentially be comprised of the following:

Detailed plot plan of the entire property, showing existing buildings and proposed pool, drawn to scale, with pertinent dimensions and grade elevations shown in figures at pool, building and property lines. Said plot plan shall be signed by the owner or his agent or a duly licensed engineer or registered architect or land surveyor of New Jersey.

Pool layout, construction and dimensions, including piping arrangements, pumps and all other pool appurtenances.

Details and specifications for water treatment units, with operating instructions.

Details of disposal facilities for filtered wastewater and provisions for emptying of pool.

Specifications for construction of pool shall accompany all detailed plans and final reports.

88-5Issuance of permit.

[Amended 12-11-1978 by Ord. No. 78-20]

Upon compliance with all the provisions of this chapter and any other pertinent ordinances and after approval by the Construction Code Office and the Board of Health of the final plans, specifications and reports, together with the data contained therein, a construction permit shall be issued by the Construction Code Official for the location and construction of the proposed pool upon the payment to the Construction Code Office of the fees required in § 88-17 of this chapter.

88-6Location of private swimming pools.

Setbacks for swimming pools are set forth in Chapter 101, Zoning.

[Amended 12-11-1978 by Ord. No. 78-20; 12-26-1991 by Ord. No. 91-18]

A private swimming pool of a permanent type shall not be constructed or installed closer to any building than the distance, in feet, equal to the maximum water depth, in feet, of the pool.

88-7Construction material; inlets; bottoms.

All materials used in the construction of private swimming pools shall be waterproof and so designed and constructed as to facilitate emptying and cleaning said pools. The materials used in said construction shall be maintained and operated in such manner as to be clean and sanitary at all times when such pool shall be subject to use.

Inlets of the treated water of any private swimming pool shall be so located and spaced as to provide satisfactory dispersion of the water throughout the pool and be so situated as not to interfere with draining, cleaning or disinfecting the bottom and sides of the pool.

Sand or earth bottoms shall not be used.

88-8Fences or walls; gates or doors.

All permanent-type swimming pools now existing or hereafter constructed, installed, established or maintained shall be completely surrounded by a fence or wall not less than four feet in height, which shall be so constructed as not to have open holes or gaps, if any, larger than four inches in diameter.

All enclosures, as provided in Subsection A above, shall have a gate or door or gates and doors for ingress or egress, and gates or doors shall not have open holes or gaps except as provided in Subsection A hereof. Each gate or door shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use. All gates and doors shall be locked when the pool is not in use or is not under the supervision of an adult.

88-9Filters; recirculation system.

All pool water must be filtered and treated chemically.

All pools shall be equipped with a system having the capacity to recirculate the entire contents of the pool at the minimum rate of three recirculations in a twenty-four-hour period.

[Amended 12-11-1978 by Ord. No. 78-20]

All pools shall be equipped with a pressure sand filter, a diatomaceous filter or any similarly approved filter, which shall have sufficient capacity to provide a complete recirculation of the entire contents of the pool within 18 hours or less.

88-10Bathhouses; accessory buildings.

[Amended 12-11-1978 by Ord. No. 78-20]

Bathhouses shall not be required in conjunction with private swimming pools. Any construction, however, including a bathhouse or screen enclosure, shall conform to the requirements of Chapter 50, Construction Codes, Uniform, and Chapter 101, Zoning.

88-11Discharge system.

[Amended 12-11-1978 by Ord. No. 78-20]

All private swimming pools or portable pools shall be provided with the necessary equipment for the drainage of the pool and for backwash water disposal. The drainage from said pool may be made either to lawns, fields, woods or an adequate dry well or sand filtering pit on the premises on which said private pool or portable pool is located, and provision must be made that the same does not overflow onto property belonging to others. Pool water discharging into a brook must have a minimum chlorine residual of 1/10 part per million. The discharge of water from such pools into a storm sewer or sanitary sewer shall be permitted only upon approval from the Borough Engineer made upon written application and in accordance with the regulations and recurring charges established by the Board of Public Works. The area immediately adjacent to the pool shall be so designed as to provide a slope to carry all surface waters away from the pool.

88-12Water supply system.

There shall be no physical connection with a potable public or private water supply system. If a fill pipe is used, the same must be installed at a minimum of two pipe diameters above the pool rim. A fill line shall not be required, and pools may be filled manually by hose.

88-13Lighting.

No artificial lighting shall be maintained or operated in connection with a private swimming pool or portable pool in such a manner as to be a nuisance and annoyance to neighboring properties. Such lighting shall not shine directly upon any abutting property. No unshielded lights shall be permitted.

88-14Water tests.

Pool water shall be periodically tested for residual chlorine by the orthotolidine method and color comparator having a set of standards for varying chlorine content which range from 2/10 to 6/10 parts per million. The pH of the pool water shall range from neutral 7.0 to slightly alkaline 7.6.

88-15Emergency closing.

All pools supplied by a public water supply system shall be subject to closure by proclamation of the Mayor and Council during any period of emergency water shortage.

88-16Registration.

[Amended 12-11-1978 by Ord. No. 78-20]

Every private swimming pool and portable pool, as defined in § 88-1, shall be subject to a one-time registration fee of $10 payable to the Borough of Park Ridge and payable upon approval of the construction permit.

88-17Fees.

[Amended 12-11-1978 by Ord. No. 78-20]

Construction permit fees shall be calculated as per § 50-2C(1)(c) of the Code, i.e., $0.005 per cubic foot of pool volume; provided, however, that the minimum fee shall be $20.

Fees for the construction of bathhouses, as provided in § 88-10, shall be included in the minimum fee, provided that installation is coincidental with the original installation.

All in-ground pools shall be charged an additional $5 to cover the cost of a site inspection upon completion of excavation.

88-18Exemption from registration and fee.

No registration and inspection fee shall be required for wading pools.

88-19Inspection.

All pools shall be subject to inspection. The owner or operator of any pool shall permit the Health Officer or other authorized official access to any private swimming pool or portable pool and any appurtenance thereto for the purpose of inspection to ascertain compliance with this chapter and all other pertinent Borough ordinances at all reasonable times.

88-20Enforcement.

[Amended 12-11-1978 by Ord. No. 78-20]

It shall be the duty of the Construction Code Official and the Health Officer or their designee(s) to enforce the provisions of this chapter.

88-21Compliance required.

Every private swimming pool or portable pool constructed, installed, established or maintained in the borough shall comply at all times with the requirements of this chapter and with the sanitary requirements of the Borough Board of Health.

88-22Hazard; notice to remove or abate; closing pool.

[Amended 12-11-1978 by Ord. No. 78-20]

Any hazard to the health of the public which may exist in, develop in, be in consequence of or be in connection with any pool shall be removed or abated forthwith by the owner, lessee or occupant of the premises upon receipt of a notice from the Borough Health Officer.

Upon the failure of the owner, lessee or occupant to take satisfactory or reasonably prompt action to remove or abate such health hazard within 24 hours from the receipt of the notice referred to in Subsection A, the Health Officer is authorized to summarily close the pool.

The Health Officer is also authorized to keep such pool closed until no further hazard exists, subject to the right of appeal to the Mayor and Council by the owner, lessee or occupant of such pool.

88-23Violations and penalties.

[Amended 7-8-1974 by Ord. No. 74-16]

Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not to exceed 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

 

For more information on New Jersey pool fencing laws and regulations, or if you are interested in what designs work best around your pool, visit Carl’s at www.bycarls.com or call 732-504-3372.

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