[HISTORY: Adopted by the Mayor and Council of the Borough of Bergenfield 12-16-1975 by Ord. No. 1046 as Ch. XII of the Revised General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Building and electrical subcode fees for swimming pools — See Ch. 136, § 136-4B(5) and D(7).
For the purpose of this chapter, the following terms shall have the following meanings unless otherwise provided:
APPROVED
Accepted or acceptable under applicable specifications stated in this chapter, or accepted or suitable for the proposed use under the procedures and powers of administration delegated in this chapter.
BOARD OF HEALTH
Includes the Health Officer or other duly authorized representative thereof, except in such case when the Board is referred to in a manner that contemplates action by it as a body.
BOROUGH OF BERGENFIELD
Borough Inspector or other duly authorized representative thereof.
CONSTRUCT
Includes the construction, building, or installing of a new swimming pool or the enlarging of an existing swimming pool or any of the facilities.
PORTABLE POOL
Any above-surface-type of swimming, bathing, or wading pool, constructed of canvas, rubber, plastic or other material, not designed or intended to be stationary or permanently fixed, but designed and intended to be removed and stored.
SWIMMING OR BATHING POOL
Any private pool, whether permanently constructed or of the portable type, having a depth of more than 18 inches below the level of the surrounding land, or an above-surface pool having a depth of not more than 30 inches, designed, used, and maintained for swimming or bathing purposes by an individual for use of the members of his household and guests, and located on the applicant's land as an accessory use to a residence, and shall include all buildings, structures, equipment and appurtenances thereto.
WADING POOL
Includes any shallow pool not included under the definition of "swimming or bathing pool" above.
The application of the provisions herein to a permanently installed swimming or bathing pool constructed prior to July 1, 1958, shall be as follows:
A. 
Such pool shall not be subject to the requirements under § 277-7A hereof, pertaining to distances of pool from boundary lines, etc., unless an enlargement of facilities is sought.
B. 
Exempt from the requirements under § 277-6 pertaining to permits and fees, unless an enlargement of facilities is sought.
C. 
Such pools, however, shall be subject to all the provisions and regulations relating to safety and sanitation, including § 277-7E pertaining to the Sanitary Code of the Board of Health, but also subject to the right of appeal provided in § 277-8.
D. 
The provisions of this chapter shall not apply to wading pools, unless specific reference is made in any section herein to such type of pool.
It shall be unlawful for any person to construct, install or maintain a swimming or bathing pool in the Borough without having first complied with the provisions of this chapter.
A. 
No person shall construct any permanent or stationary type swimming or bathing pool without first having obtained a permit therefor.
B. 
Applications for a permit required by the foregoing subsection shall be made to the Borough Inspector or other official designated by resolution of the governing body. The application form shall be provided by the Borough, executed in duplicate, and accompanied by a duplicate set of the following:
(1) 
Plan and specification for the proposed swimming or bathing pool, showing and covering all auxiliary structures and appurtenances related thereto.
(2) 
A plot plan showing property lines of the land upon which the proposed swimming pool or bathing pool is to be constructed, installed or located, showing all existing houses and structures thereon, the specific location and dimensions of the proposed pool and auxiliary structures, showing the distance of the pool from the residence building thereon, and also the distance from the property lines and abutting street. The distance shall not be less than the minimum provided in § 277-7A of this chapter.
(3) 
A clear description shall be given of the fence or other enclosure proposed to surround the swimming or bathing pool, the type of material to be used, the height thereof, and the number of gates or doors. The fence or other enclosure shall conform to the minimum standards provided in § 277-7D.
C. 
The applicant shall disclose the method proposed to dispose of the wastewater from the swimming or bathing pool, and the means of disposal proposed shall be subject to the provisions of § 277-7C and to the approval of the Board of Health as provided therein.
D. 
The application fee for a permit issued hereunder shall be in the amount provided in § 277-6, and the fee shall accompany the application.
A. 
Upon the filing of an application for a permit hereunder, properly executed, the Borough Inspector shall forthwith file the duplicate application and accompanying plan and specification with the Board of Health for its recommendations and approval.
B. 
The Borough Inspector shall, within 30 days after receiving a properly executed application for a permit, act upon the same in the manner as follows:
(1) 
Approve the application as submitted and cause the permit to be issued.
(2) 
Approve the application subject to any correction, modifications or additional information required to be furnished, to assure proper compliance with the provisions of this chapter. Upon receipt of an application so amended, the Borough Inspector shall cause the permit to be issued.
(3) 
Reject the application when it is determined that a permit should not be issued. In case of such rejection, an appeal therefor shall be available to applicant in the manner provided by § 277-8.
A. 
The fee accompanying an application for a permit to construct, install, enlarge and maintain a swimming pool or bathing pool authorized under this chapter shall be as follows:
(1) 
For installation of a new swimming or bathing pool of permanent or stationary type of construction, or for the enlargement of such an existing swimming or bathing pool: a charge of $10 and $1.50 for each $500 of the estimated cost of construction or fraction thereof.
(2) 
No permit shall be required for a portable pool as defined in this chapter.
B. 
The fees provided for above are intended to defray the cost of processing the application, inspection of site before and after issuance of permit. The permit issued and the fee paid hereunder shall be in addition to any permits and fees which will be required by the Board of Health to regulate the operation of swimming or bathing pools in a sanitary manner, and to defray the inspection and examination costs.
A. 
Location of pools.
(1) 
A swimming pool, bathing pool or wading pool of permanent or stationary type of construction shall not be constructed, installed, located, maintained, or operated within 10 feet of any property boundary line, nor nearer to any street line upon which the residence fronts than the existing setback line of such residence building, but in no case, irrespective of the building setback line, shall the pool be located less than 15 feet from such front street line.
(2) 
A swimming, bathing, or wading pool shall not be constructed, installed, located or maintained on any land unless a residence building is also located thereon.
B. 
General construction requirements. All material used in the construction of a swimming or bathing pool licensed hereunder shall be of durable quality and waterproof, and so designed as to facilitate its emptying and cleaning. The bottom and sides of the pools shall be either white or a light color, except that aluminum paint shall not be used as a finish. Pool sides and bottom shall be smooth and free from cracks and open joints. Inlets shall be so located and spaced as to secure satisfactory dispersion of inflowing waters throughout the pool and to permit the draining, cleaning and disinfection of the bottom and sides. Sand or earth bottom shall not be used.
C. 
General sanitary regulations. In addition to the provisions of this chapter, the construction, installation, maintenance and operation of any swimming pool, bathing pool, or wading pool shall be subject to the regulations and standards now or hereafter provided in the Sanitary Code of the Borough pertaining to the following matters:
(1) 
Construction, installation and maintenance of equipment for chlorinating, disinfecting and filtering.
(2) 
Physical connection between potable water supply system and pool.
(3) 
Physical, chemical and bacterial quality of the pool water.
(4) 
The method of discharging wastewater.
D. 
General safety regulations. The following shall apply:
(1) 
Every swimming pool, bathing pool or wading pool having a depth of 18 inches below the level of the land surrounding the pool, or in the case of above-surface pools having a depth of 30 inches or more, shall, within 30 days from July 1, 1958, be completely surrounded by a fence or wall of substantial construction, not less than four feet in height, which shall be so constructed as not to have openings, holes or gaps larger than two inches in dimension, except for doors and gates; and if a picket fence is erected or maintained, the horizontal dimension shall not exceed four inches. A dwelling house or accessory building may be used as part of such enclosure.
(2) 
Such fence or wall enclosure shall be so designed and constructed as to reasonably prevent any person from gaining access beneath, through or over the same, and shall be provided with one or more substantial gates or doors of the same height as the fence or wall enclosure.
(3) 
Every gate or door opening through such enclosure shall be equipped with a self-closing and self-latching device, capable of keeping such gate or door securely closed.
(4) 
It shall be deemed that there is sufficient compliance with this section when the owner's entire property is completely enclosed by a fence and gate of the type above mentioned.
(5) 
Ordinance No. 372 requiring the obtaining of a permit for the erection of a fence shall not apply to the fences erected pursuant to the provisions of this chapter, except in such case where a fence is erected along a property line.
(6) 
Any access ladder or steps used in connection with the above-surface-type of swimming or bathing pool shall be removed from the pool when the same is not in use.
(7) 
Lights used to illuminate any swimming pool or bathing pool shall be so arranged and shaded as to reflect light away from adjoining premises.
(8) 
Electrical fixtures, wiring and installation thereof, used in connection with the swimming pool shall conform to the standards of the National Board of Fire Underwriters for Electrical Wiring and Apparatus.
E. 
Sanitary regulations. Swimming, bathing or wading pools shall also be subject to any sanitary regulations now provided in the Sanitary Code of the Board of Health of the Borough, or to be hereafter enacted.
A. 
The Borough Council may, by resolution, on appeal from the denial of a permit under § 277-5 hereof, grant a variance of this chapter in specific cases consistent with public safety and the general provisions and intent of this chapter.
B. 
However, when any question of sanitation is involved, such variance may be allowed only if the same is also recommended by resolution of the Board of Health and it has been thereby determined and declared that such variance will not be harmful to public health.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding the sum of $100, and upon default in the payment thereof, may be imprisoned in the county jail for a term not exceeding 30 days. Every day that such violation continues shall be deemed to be a separate offense.