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

June 12, 2018

Updated as of June 2018

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SWIMMING POOL

Any artificially constructed pool, lake or pond located on the same lot as the dwelling unit and accessory thereto. Pools erected above ground and supported by a structural frame placed or fastened to the ground shall be considered private permanent pools. A wading pool, with a depth of less than 18 inches, shall not be deemed to be a swimming pool. A swimming pool with an area of less than 120 square feet and a water depth of less than 18 inches, temporary in character and constructed of a material other than concrete, masonry or wood, capable of being moved easily from one place to another, shall be deemed to be a “portable swimming pool.”

Sec. 34-1Definitions.

[Ord. No. 1053, § 1; as amended by Ord. No. 1132, § 1; Ord. No. 1397, §§ 1, 2]

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

PRIVATE CLUB SWIMMING POOL

Any artificially constructed pool, lake or pond maintained and operated by a private group or club with specified limitations upon the number of members or limited to residents of a block, subdivision, neighborhood, community or other specified area of residence, for the use of members and their guests.

PRIVATE PERMANENT SWIMMING POOL

Any artificially constructed pool, lake or pond maintained by an owner of a dwelling or multifamily dwelling for the use of his household or tenants and their guests, located on the same plot as accessory to the permitted use. Pools erected above ground and supported by a structural frame placed or fastened to the ground shall be considered “private permanent swimming pools.”

PRIVATE PORTABLE SWIMMING POOL

A pool with a maximum area of greater than 120 feet and capable of a maximum water depth in excess of 18 inches, temporary in character, and constructed of a material other than concrete, masonry or wood, capable of being moved easily from place to place when empty.

WADING POOL

Any artificially constructed pool, not designed or used for swimming, with a maximum area of 120 square feet and a maximum water depth of 18 inches.

Sec. 34-2Private club swimming pools prohibited in residential zones.

[Ord. No. 1053, § 2]

No private club swimming pool shall be constructed or installed in any residential zone of the Township.

Sec. 34-2.1Lifeguard service.

[Ord. No. 1397, § 3]

All private permanent swimming pools erected as accessory to multifamily dwellings shall provide competent lifeguard service during hours when the pool is in use by residents or their guests. For the purposes of this section only, the term “multifamily dwellings” shall mean a building designed for or occupied by 10 or more families living independent of each other.

Sec. 34-3Swimming pool permit — Required; exceptions.

[Ord. No. 1053, § 3]

It shall be unlawful to construct or establish a swimming pool without first having obtained a permit therefor in the manner prescribed in this chapter. No permit shall be required for a wading pool.

Sec. 34-4Same — Application; issuance.

[Ord. No. 1053, § 4; as amended by Ord. No. 1132, § 2]

Application for such a swimming pool permit, accompanied by plans and specifications, shall be made to the Building Inspector by the owner of the property. The Building Inspector shall issue a permit for the construction or installation of such pool if it complies with the rules and regulations established by this chapter.

[1]

Editor’s Note: This section was repealed by Ordinance No. 1506, § 3.

 Sec. 34-6Materials; colors.

[Ord. No. 1053, § 5]

The interior surfaces of swimming pools shall be waterproof and easily cleaned and shall be of a light color, provided that aluminum paint shall not be used as a finish. Sand or earth bottoms shall not be permitted.

Sec. 34-7Water supply.

[Ord. No. 1053, § 6]

There shall be no cross connection between a potable public or private water supply system and swimming pools or to recirculating or heating systems of such pools.

Sec. 34-8Drainage systems; connections with sanitary sewers.

[Ord. No. 1053, § 7; as amended by Ord. No. 1132, § 3; Ord. No. 1242, § 1; Ord. No. 3518, 9-30-1997, § 3]

All swimming pools, except portable pools, constructed after July 2, 1957, shall be provided with at least one four-inch-diameter cast-iron pipe or approved equal drain extending from such pool to either a brook or storm sewer or connected to a lawn sprinkler system installed in conformance with the Plumbing Code of the Township. Portable pools shall be drained through a hose not exceeding 3/4 inch in diameter, and in such a manner as to avoid a nuisance or property damage to adjoining properties. No pool drain shall be connected to the sanitary sewer system.

If it is, in the judgment of the Township Engineer, physically impossible to connect a swimming pool drain to a brook or a storm sewer, the Township Engineer may grant a permit to connect such drain to a sanitary sewer. The fee for each such permit shall be as set forth in Appendix III of Chapter 2. Each permit shall expire on December 31 in the year in which it was issued.

Sec. 34-9Filtering equipment.

[Ord. No. 1053, § 8]

All swimming pools shall be properly equipped with filtering or clarifying devices so that the water of such pools shall be continuously and regularly filtered and clarified and kept at all times in a sanitary and safe condition for bathing purposes. The water of the pool shall be sufficiently clear to permit a black disk six inches in diameter, superimposed upon a white field, placed at the bottom of the deepest end of the pool, to be clearly visible at all distances up to 10 yards, measured in a horizontal distance from the projection of the disk onto the pool surface.

Sec. 34-10Recreational bathing place.

[Ord. No. 1053, § 9; as amended by Ord. No. 3429, 10-17-1995, § 4]

No person shall operate a recreational bathing place without having obtained a permit from the Health Department at the fee established in Appendix III of Chapter 2, Charter/Administrative Code.

Sec. 34-11Bacteriological standards.

[Ord. No. 1053, § 10; as amended by Ord. No. 1397, § 4]

Not more than 15% of the samples of water taken from any swimming pool, when more than 20 samples have been examined, and not more than three samples, when less than 20 samples have been examined, shall contain more than 200 bacteria per cubic centimeter or shall show positive test (confirmed) for bacillus coli in any of five ten-cubic-centimeter portions of water at times when the pool is in use. For the purpose of this section, any number of samplings of water on a single day shall be considered as one sample. The Department of Health is authorized to take samples to ensure compliance with this section or to require that owners file with the Health Department reports of samples taken and tested by a duly recognized testing laboratory at intervals determined by the Health Department.

Sec. 34-12Locker rooms, toilets, runways, etc.

[Ord. No. 1053, § 11]

Locker rooms, shower rooms, toilets, runways and all other physical facilities or equipment incident to the operation of any swimming pool shall be kept in a sanitary condition at all times.

Sec. 34-13Fencing.

[Ord. No. 1053, § 13; as amended by Ord. No. 1132, § 5; Ord. No. 1346, § 1]

All swimming pools, except portable pools, shall be enclosed by a substantial fence no less than 48 inches in height, constructed so as to prevent any person from gaining access beneath or through such fence, and which shall have a similarly substantial gate of the same height of the fence, with facilities for locking such gate when the pool is unguarded. The swimming pool gate shall be closed at all times, except when opened for the purpose of ingress or egress. The fence shall be erected so as to completely enclose the pool and an area surrounding it. The pool and enclosed area shall not exceed 3,500 square feet.

Sec. 34-14Lighting.

[Ord. No. 1053, § 14]

No artificial lighting shall be maintained or operated in connection with any swimming pool in such a manner as to be a nuisance or an annoyance to occupants of neighboring properties.

Sec. 34-15Compliance with requirements of Department of Health.

[Ord. No. 1053, § 15]

Every swimming pool constructed or to be constructed in the Township shall at all times comply with the requirements of the Department of Health.

Sec. 34-16Abatement of nuisances and hazards.

[Ord. No. 1053, § 15]

Any nuisance or hazard to health which may exist or develop in or in consequence of or in connection with any swimming pool shall be abated and removed by the owner, lessee or occupant of the premises on which the pool is located within 10 days of receipt of notice from the Building Department or the Department of Health.

In the event of failure or upon refusal of the owner, lessee or occupant of the premises to comply as ordered, the Department of Health shall have the right to close the pool to further use until such time as compliance is obtained.

Sec. 34-17Appeal.

[Ord. No. 1053, § 15]

Whenever the Building Department or Department of Health shall issue an order requiring compliance, or refuse to issue a permit, the person aggrieved shall have the right to appeal to the Township Manager and, if still aggrieved by the decision of the Township Manager, shall then have the right to appeal to the Township Council. The decision of the Township Council, with respect to such appeal, shall be final.

 

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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