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

June 12, 2018

Updated as of June 2018


For the purpose of this ordinance, except where the context requires a different meaning, the following words shall be defined as follows:


Means natural persons, firms, corporations, partnerships and associations, as the case may be.


Means any private swimming pool, stream, plunge, bathing or wading pool, or other body of water, or portion thereof, of more than two hundred-fifty-cubic foot-capacity, used by any person for swimming or bathing, whether located indoors or outdoors and whether natural or of artificial construction, and shall include all buildings, structures, premises, beaches and appurtenances used in connection therewith.


It shall be unlawful for any person to establish, construct, install, maintain or operate any pool, in the Borough of Montvale, County of Bergen and State of New Jersey, without first having obtained a permit therefor, in the manner hereinafter provided.

An application for such a permit shall be made in writing by the owner or operator of the pool to the Board of Health[1] of the said Borough of Montvale and shall consist of:


The name and address of the owner of lands and


The name and address of the owner of the pool.


A plot plan showing property lines of the premises, all existing houses and structures thereon, abutting streets and properties and the location and dimensions of the pool or proposed pool and its auxiliary structures. No pool, hereafter constructed or installed, shall be located within 15 feet of any boundary line and shall be in conformance with existing ordinances of said Borough of Montvale.


Plans and specifications for the proposed pool and all auxiliary structures and appurtenances related thereto.


A description of the method of disinfection, treatment and disposal of the water used or to be used by the owner or operator of the pool.


A statement the maximum number of persons who will be allowed to use the pool at any one time.


Every application shall be accompanied by the fee for the inspection and the fee for the permit as hereinafter provided.


There shall be an initial fee of $10 for a permit for a pool, regardless of size, and no annual fee thereafter.

[Amended 1-6-1969]


Editor’s Note: See also, Ch. 17, Board of Health, p. 1701

Said Board of Health shall, within 60 days after receiving a properly executed application for such permit, act upon the application in any of the following ways:


Approve the application as submitted and cause the permit to be issued.


Approve the application subject to such additional sanitary safeguards, in respect to the particular premises to be so used, as the Board deems that the public health may require and, upon receipt of an amended application providing for the additional sanitary safeguards prescribed by the Board, shall cause the permit to be issued.


Reject the application.

No person shall make changes, alterations or modifications in any pool if such changes, alterations or modifications are of a nature which may affect the public health, until such plans and specifications therefor shall first have been submitted to and approved by the Board of Health. When granting such approval, the Board of Health may stipulate such changes, alterations, modifications or conditions as it deems that the public health may require. The granting of the permit shall be made subject to the compliance by the applicant with the provisions of this subsection.

The permit to be issued hereunder shall be effective for one year commencing January 1 and shall expire on December 31 of the year for which such permit shall have been issued and shall be issued and signed by the Secretary of the Board of Health after approval by said Board of Health. The permit shall be on a form prescribed by the Board of Health, to be issued subject to the provisions of this ordinance and such additional sanitary safeguards, in respect to the particular premises to be so used, as the Board deems that the public health may require. The permit shall be made available for inspection at the swimming pool and may be revoked for cause by the Board of Health or for violation of the terms of this ordinance and the additional sanitary safeguards prescribed by the Board of Health in granting the permit.

112-3Construction and maintenance.

Artificial pools shall be so designed and constructed as to facilitate emptying and cleaning and shall be maintained and operated in such a manner as to be clean and sanitary at all times. Inlets shall be so located and spaced as to secure satisfactory dispersion of inflowing waters throughout the pool and to permit draining, cleaning and disinfection of the bottom and sides.

Pools with vertical sides less than three feet above ground level shall be enclosed with a durable fence so constructed to prohibit the passage of young children. Steps leading up to the pool edge shall be enclosed and all gates shall be self-latching.

112-4Sanitary quality of water.

Standards. The physical, chemical and bacterial qualities of the water shall comply with the latest recommendations made by the American Public Health Association and by the New Jersey State Department of Health.

Revocation of Permit. Failure to maintain the sanitary quality of the water prescribed by this Article, or to restore such water to the required quality within the time directed by the Board of Health, or for violation of the terms of this Article shall be deemed sufficient cause for revocation of permit.

Pollution of Pool. Urinating, defecating, expectorating or blowing the nose in any pool is prohibited and hereby declared unlawful.

Communicable Disease. It shall be a violation of this ordinance for any person having skin lesions, sore or inflamed eyes, mouth, nose or ear discharges, or who is the carrier of any communicable disease to knowingly use any pool.


Whenever any pool by reason of mechanical defects, lack of proper supervision, or failure to comply with the requirements of this ordinance is a hazard to the health of the users thereof, the Health Officer is authorized to summarily close such pool and to keep such pool closed until no further hazard to the users of the same exists, subject to the right of appeal to the Board of Health by the owner or operator of such pool, which appeal shall not stay the action of the Health Officer.

112-6Discharge system.

Water Supply. There shall be no physical connection between a potable (public or private) water-supply system and a pool, at a point below the maximum flow line of the pool or to a recirculating or heating system of a pool, unless such physical connection is so installed and operated that no pool water can be discharged into such potable water-supply system.

112-7Water use.

The discharge of any waste water shall in no case cause a nuisance. The drainage waste from any pool shall be discharged into a sand-filtering bed, or if not practicable, then with the approval of the Board of Health, into a seepage pit or storm sewer if accessible, all as the Board of Health shall require and specify.

Every pool having a capacity in excess of 1,000 cubic feet shall have a filter system to be approved by the Board of Health.

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.

The Health Officer may cause any pool subject to this ordinance to be inspected for compliance with the plumbing aspects of this ordinance and the Plumbing Code of the said Borough of Montvale and any violations shall be subject to the enforcement procedures of this ordinance or the Plumbing Code[1] as the case may be.


Editor’s Note: For Plumbing see Ch. 95, Sanitation Code, p. 9501; see also Building Code on file in the office of the Borough Clerk.


It shall be the duty of the Health Officer, appointed by the Board of Health, to enforce the provisions of this ordinance.

The owner or operator of any pool within the said Borough of Montvale shall allow the said Health Officer access to any pool and appurtenances at all reasonable times for the purpose of inspection to ascertain compliance with this ordinance.

112-9Violations and penalties.

Any person or persons, firm or corporation violating any of the provisions of this ordinance shall, upon conviction thereof pay a penalty of not less than $2 nor more than $100 for each violation.

Each day a particular violation continues shall constitute a separate offense.


If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this ordinance.

112-11Repeal of inconsistent ordinances.

All ordinances or any provisions of any ordinances inconsistent with the provisions of this ordinance are hereby repealed as to such inconsistencies and not otherwise.

112-12Effective date.

This ordinance shall take effect 30 days after the date of the first publication as required by law.


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 or call 732-504-3372.

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