Updated as of June 2018
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[Added 5-16-1988 by Ord. No. 400; amended 4-18-2011 by Ord. No. 658]
Definitions. Words, terms and phrases used in and for the purpose of this section are defined as follows:
A permanent barrier of durable construction at least 48 inches in height above grade, containing a self-closing gate of at least the same height, and so constructed as to permit normal passage from one side to the other only through a gate. No gate shall be deemed necessary if the pool and fence are so situated that one side of the owner’s dwelling is considered as the fourth side of the fence, and the only access to said pool is through the dwelling. It will be incumbent upon the owner to properly maintain the fence.
Any structure or other device having a depth of 12 inches or more, constructed of canvas, rubber, plastic and/or other materials, in which the possessor, his family or guests can swim, dive or enjoy other aquatic activities, and designed to be assembled and used during the normal local swimming season and disassembled and stored during other seasons.
Any artificially constructed basin, structure or other device having a depth of 12 inches or more (whether above or below grade), in which the possessor, his family or guests can swim, dive or enjoy other aquatic activities, and which is constructed, erected or installed in such a manner as to classify it as “permanent” as opposed to “portable.”
New pools.
No person, company or other coalition of interests shall erect, construct, install, or cause to be erected, constructed or installed a private swimming pool or a portable pool within the confines of the Borough of Harrington Park without first submitting plans to the Construction Code Official. Said plans must be accompanied by a provision for temporary barriers or an enclosure of the excavation after it has been dug and prior to the completion and filling of the pool.
A building permit shall be required prior to commencement of erection, construction or installation work for private swimming pools. The fee for such permit shall be as provided in the Borough Fee Schedule.[1]
Editor’s Note: Amended at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. III).
No edge of the water basin of any private swimming pool shall be located closer than 15 feet to any property line of the property upon which the swimming pool is installed.[2]
Editor’s Note: Amended at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. III).
Gates. The gate or gates in the fence shall be kept closed at all times, except when being used for passage, and shall be locked when the pool is unattended.
Aboveground pools.
Pools with vertical sides less than four feet above ground level shall be enclosed by a fence at least 48 inches in height, so constructed and placed as to prevent access to the pool by small children.
Stairs and steps or ladders leading up to the pool edge shall also be enclosed as aforesaid or, if portable, shall be removed when not in use.
Facilities for recirculation and reuse of water. All pools not equipped with facilities for the recirculation and reuse of the pool water shall be subject to closure by order of the Board of Health during any period of emergency water shortage.
Relationship to zoning ordinances. Nothing herein shall be construed as modifying, altering or repealing any provision of this chapter.
Enforcement officials. Enforcement of this section shall be the duty of the Construction Code Official and/or the Health Officer of the Borough of Harrington Park.
A private swimming pool meeting the requirements of the Board of Health shall be permitted as an accessory use in a rear yard, provided that:
All terms and conditions contained in this section have been complied with.
The pool shall be located at least 15 feet from any side or rear lot line. Any patio, decking and other decorative improvements surrounding such a pool shall be located no closer than 15 feet to any side or rear lot line.[3]
Editor’s Note: Amended at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. III).
Installation of any lighting of the pool shall be such that there shall be no glare or direct lighting into adjacent properties.
Swimming pools, including railings and other devices attached to the pool structure, excluding diving boards and slides, shall not exceed a maximum height above finished ground level of six feet. On exposed sides facing adjacent property owners, the pool shall be shrubbed with evergreens equal in height to the exposed portion of the pool which is over two feet and not enclosed by fencing.
The foregoing restrictions shall not apply to movable wading pools.
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.
