Borough of Bogota, NJ
Bergen County
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Table of Contents
Table of Contents
[Ord. 7/13/61, S1]
As used in this chapter:
PUBLIC SWIMMING POOL
Includes either outdoor or indoor pools which are artificially constructed to provide recreational facilities for swimming, bathing or wading for the use of the public or for the general use of the members of any private club, group or organization.
PRIVATE SWIMMING POOL
Includes any artificially constructed swimming pool or tank permanently or temporarily established or maintained upon any premises by an individual for his own or his family's use or for the use of guests of his household, which has a depth of eighteen (18) inches or more, and whether constructed above the ground or below ground level.
PORTABLE SWIMMING POOL
Includes any above-surface type of swimming pool not designed or intended to be stationary or permanently fixed to the premises and capable of being removed for storage
WADING POOL
Any artificially constructed pool or tank, not designed or used for swimming, which has a capacity for water depth of eighteen (18) inches or less, and whether maintained above the ground or below ground level
[Ord. 7/13/61, S2; amended by Ord. No. 11-2]
No public swimming pool, with the exception of municipally operated pools or of pools located in whole or in part upon municipally owned lands, shall be constructed or operated in the borough unless the Planning Board/Zoning Board of Adjustment and the mayor and council shall expressly find that such pool will not adversely affect the beneficial use of neighboring property and the health, morals and public welfare and will avoid undue concentration of population, and prevent overcrowding of land and buildings and will provide for adequate light and air. Such findings shall be made with consideration, among other things, to the character of the surrounding district and with a view to conserving the value of property and encouraging the establishment of desirable community and neighborhood cultural and recreational values. Such findings may include conditions and restrictions covering design, construction, maintenance and operation of such pool.
[Ord. 5/13/62, S2]
Public swimming pools shall be governed by the sanitary code of the borough.
[Ord. 5/13/62, S3]
It shall be unlawful for any person to maintain, construct or install a private swimming pool in the borough without having first obtained a permit therefore in the manner hereinafter provided. No permit shall be required for the installation of a wading pool.
[Ord. 7/13/61, S4]
Applications to construct permanent private swimming pools shall be made in duplicate to the construction official and shall be accompanied by duplicate plans and specifications or descriptive brochures showing the manner of construction of the proposed pool, its size, shape, dimensions and capacity; duplicate plot plans showing property lines of the premises upon which the swimming pool is to be constructed or installed together with all existing house, structures, accessory buildings and paved areas thereon, abutting streets and properties and the location and horizontal plane dimensions of the proposed swimming pool and its auxiliary structures. The application shall also be accompanied by a description of the method of disinfection, treatment, circulation and disposal of the water to be used.
[Ord. 7/13/61, S2]
The construction official shall file the duplicate application and set of plans and specifications and accompanying plot plans with the board of health prior to the issuance of the permit.
[Ord. 7/13/61, S2]
At the time of filing the application with the construction official, the applicant shall pay a building permit fee in accordance with the building code of the borough. Such fee shall be in addition to license fees as hereinafter, or in the sanitary code, set forth.
[Ord. 5/13/62, S4]
Applications for permits to install or use a portable private swimming pool shall be made directly to the building inspector as set forth in sanitary code.
[Ord. 7/13/61, S5 New]
All permanent pools shall be considered accessory structures and shall comply with the Land Development Ordinance of the borough. In no event shall any permanent pool be erected within ten (10) feet of any adjoining residence.
Portable swimming pools shall meet and comply with the aforesaid location requirements of permanent pools, provided, however, that the following exceptions may apply:
a. 
Owners or possessors of contiguous properties may by mutual agreement, prefer to locate a portable pool on the property line dividing said contiguous properties for the purpose of sharing a pool. The arrangement permitted under this exception may continue only at the pleasure of both parties.
[Ord. 7/13/61, S6]
All private permanent swimming pools now existing or hereafter constructed, installed, established, altered, erected or used or maintained shall be enclosed by a permanent fence or barrier of durable material of not less than four (4) feet in height and shall be so constructed as not to have holes or gaps larger than three (3) inches in the small dimensions. The fence shall have no openings except a gate built of the same material as the fence and of the same height as the fence, which gate shall be self closing and self latching.
[Ord. 7/13/61, S6]
It shall be the further responsibility of portable pool owners to observe the existence of grade changes, platforms, porches and other installations or objects that would permit easy approach to the interior of the pool and to erect fencing or other suitable safeguard against the possibility of such accessibility to the pool. Any access ladder or steps used in connection with the above-surfaced type portable pools shall be removed when such pools are not in use.
[Ord. 7/13/61, S7]
a. 
All private permanent swimming pools shall be provided with an approved drain extending from the pool to a storm sewer or approved drainage bed.
b. 
Portable pools shall be so emptied and discharged as not to create a nuisance.
[Ord. 5/13/62, S5]
a. 
All swimming and wading pools shall be subject to any regulation now or hereafter provided in the sanitary code of the borough.
b. 
The water in every private swimming pool shall be so maintained as to comply with the physical, chemical and bacteriological standard established by the borough or by the New Jersey State Department of Health. All pools having a capacity in excess of five thousand (5,000) gallons shall be equipped with suitable filtering equipment and shall be properly chlorinated or disinfected to maintain and restore the required quality of the water.
c. 
All water used in any private swimming pool shall be obtained from an established source of potable water; there shall be no physical connection between the potable source of water and the swimming pool circulation of filtering systems. Water shall be introduced into the pool for filing purposes by means of a discharge pipe or hose, the orifice of which shall be separated from the highest overflow level of the pool by an air space of at least four (4) inches.
d. 
No person shall be permitted by the pool owner to use any swimming pool if he has communicable skin lesions, sore or inflamed eyes, mouth, nose, ears or other parts of the body, or discharge therefrom or who knowingly is the carrier of any communicable disease.
[Ord. 7/13/61, S9]
a. 
All materials used in the construction of private swimming pools shall be watertight and so designed and constructed as to facilitate the emptying and cleaning of such pools, and shall be so maintained and operated as to be clean and sanitary at all times. The bottom and sides of the pool shall be so maintained and operated as to be lean and sanitary at all times. The bottom and sides of the pool shall be a white or light color, but no aluminum paint may be used as a finish. Sand or earth bottoms shall not be permitted. Pools shall be so constructed as to be leakproof.
b. 
All private permanent pools shall be so constructed as to comply with all applicable provisions of the building ordinance, zoning ordinance, sanitary code and other pertinent ordinances, codes and regulations of the borough.
c. 
No plot of land or premises on which a permanent private swimming pool is located as an accessory building shall be subdivided if the result will be that the pool will be separated from the residence property to which it originally attached.
d. 
Cabanas or similar structures shall not be erected to a height in excess of eight (8) feet, measured from the pool platform or deck level or ground level, whichever is applicable.
[Ord. 7/13/61, S10]
a. 
No swimming pool may be used or operated before a license for same is issued.
b. 
No license shall be issued for a newly constructed permanent private swimming pool unless the applicant shall first have filed with the board of health a certificate issued by the construction official certifying that the pool has been constructed or installed in compliance with this chapter.
c. 
A license to use or operate a private swimming pool shall be issued by the board of health at any time of year upon the payment of the specified fees.
[Ord. 7/13/61, S11]
No artificial lighting shall be maintained or operated in connection with a private swimming pool or the above surface type portable pool in such a manner as to be a nuisance or annoyance to occupants of neighboring properties.
[Ord. 7/13/61, S12]
Swimming pools shall be so maintained and operated that they do not cause noise, nuisances or annoyances to the owners or occupants of neighboring property or citizens and residents of the borough.
[Ord. 5/13/62, S7]
a. 
This chapter shall be enforced by the construction official and the board of health.
b. 
The owner of any private swimming pool, whether permanent or portable, within the borough, shall allow the construction official, the health officer, the sanitary office or other duly authorized person access to the pool and appurtenances for the purpose of inspection to ascertain compliance with this chapter and the sanitary code of the borough.
[Ord. 7/13/61, S14]
Any person violating any of the provisions of this chapter shall upon conviction, be subject to the penalty stated in Chapter III, section 3-1.