[HISTORY: Adopted by the Board of Health of the Township of Rochelle Park 5-18-1959 by Ord. No. 229. Amendments noted where applicable.]
A. 
No person shall locate, construct, alter or operate a swimming or wading pool until permits therefor shall have been issued by the Building Subcode Official and the Board of Health as herein provided.
[Amended 5-5-1986 by Ord. No. 520]
B. 
Permits issued for the operation of a swimming or wading pool shall expire annually on June 30 of each year, and application for the renewal thereof shall be submitted with the required fee prior to June 1 of each year. The fee for any permit issued after June 30 of any year shall be prorated.
C. 
Permits required under this chapter may be denied or suspended by the Board of Health for failure to comply with this chapter or the ordinance pertaining to same.[1] The Board of Health shall afford any person whose permit is denied or suspended an opportunity to be heard before the Board at a public hearing and, following said hearing, to be informed of the Board's decision within 30 days after such hearing.
[1]
Editor's Note: See Ch. 80, Construction Codes, Uniform.
The following fees and charges are hereby established:
Service
Fee
For obtaining a copy of this chapter
$1.00
For preliminary examination of the plot plan as to location and its appearance
$ 5.00
For issuing a plumbing permit
$ 20.00
For the issuance of a building permit
[Amended 5-5-1986 by Ord. No. 520]
For a private pool
$ 40.00
For a public pool
$ 250.00
For an in-ground pool
$ 150.00
For electrical permit
Aboveground pool
$ 30.00
In-ground pool
$ 55.00
For the renewal of a permit to operate a swimming pool
$ 1.00
As used in this chapter, the following terms shall have the meanings indicated:
BOARD OF HEALTH
The Board of Health of the Township of Rochelle Park.
BUILDING SUBCODE OFFICIAL
The Building Subcode Official of the Township of Rochelle Park.
[Amended 5-5-1986 by Ord. No. 520]
PRIVATE SWIMMING POOL
A swimming pool constructed on the property owned by any individual and maintained for his private use.
PUBLIC SWIMMING POOL
A swimming pool which is operated for profit and is available to the public generally for a fee.
SEMIPUBLIC SWIMMING POOL
A swimming pool operated by a club, group of persons or any organization not operated for profit and used only for members of such group, club or organization and their guests.
SURFACE MANUFACTURED SWIMMING POOL
A portable pool constructed of a plastic or any similar material, having a capacity of 1,000 gallons or more.
WADING POOL
A shallow pool intended for use by children, having a depth of not more than 12 inches.
A. 
Approval to locate and construct or alter. Swimming pools shall not be located and constructed or altered by any person until the Board of Health and Building Subcode Official have given formal approval therefor by issuance of a permit.
[Amended 5-5-1986 by Ord. No. 520]
B. 
Permits shall not be issued until the Board of Health has received and approved a letter of application therefor, together with plans, specifications and reports prepared by a licensed professional engineer or registered architect fully describing and setting forth all data as hereinafter required or as may otherwise be required by the Board of Health or the Plumbing Subcode Official.
[Amended 5-5-1986 by Ord. No. 520]
(1) 
For locating and erecting portable artificial wading and swimming pools, a letter of application and a simple plan shall be submitted to the Board of Health for approval.
(2) 
An applicant shall submit for approval plans, specifications and reports prepared by a licensed professional engineer or registered architect which shall include the following data:
(a) 
Site and detail plans, pool layout, construction and dimensions, including piping arrangements, pumps, bathhouses, toilet facilities and all other pool appurtenances, including recreational facilities.
(b) 
Pool water treatment units.
(c) 
Disposal facilities for filter wastewaters, sanitary sewage and shower wastes if municipal sanitary sewer is not available; well construction if public water supply is not available.
(d) 
Proposed operation and maintenance procedure.
(e) 
Proposed supervisory personnel and safety equipment.
(3) 
A report that all regulations relative to the State Department of Health watershed laws and other township ordinances that may be applicable have been complied with.
(4) 
Upon compliance with all provisions of this chapter and approval of the plans, specifications and report, together with the data contained therein, a permit shall be issued for the location and construction so requested.
C. 
Alteration.
(1) 
A permit to alter a swimming pool shall not be issued until the Board of Health has received a letter of application therefor, together with such plans, specifications or reports as may be requested by the Board of Health to fully describe the proposed alteration.
(2) 
Upon compliance with all applicable provisions of this chapter and approval of the requested alteration or proposal, a permit shall be issued for said alteration.
D. 
Not conforming to chapter. Proposed design or construction features of a pool differing from provisions of this chapter may be approved upon submission of evidence to the satisfaction of the Board of Health that public health or safety would not be affected by such design or construction.
E. 
Existing swimming pools. Sections of this chapter relating to location and construction shall not apply to swimming pools in existence at the time of its adoption, except that any alteration of any portion or any unit or units of such swimming pools shall be made in accordance with the applicable provisions of this chapter, but all provisions herein contained relating to operation, maintenance and safety factors shall be applicable.
F. 
Approval to operate. Swimming pools shall not be operated by any person until the Board of Health has given formal approval therefor by issuance of an appropriate permit. This permit shall be displayed in a conspicuous place on the premises where it may be readily observed by all persons. No person shall operate a pool whose permit is suspended.
G. 
A permit to operate a swimming pool shall not be issued until a properly executed application containing information as requested on a form supplied by the Board of Health has been submitted and approved.
H. 
Persons denied a permit shall be notified in writing accordingly by the Board of Health. Such notice shall specify the reason for such action and the remedial action necessary to obtain approval for issuance of a permit.
I. 
Suspension of permit to operate. The permit of any person to operate a swimming pool may be suspended at any time when, in the opinion of the Board of Health or its authorized agent, such action is necessary to abate a present or threatened menace to public health.
J. 
Suspension notification. The person whose permit has been suspended or his representative in charge of the pool shall, at the time such permit is suspended, be informed that the permit to operate the pool is suspended, the reason for such action and the remedial action to be taken before the suspension may be lifted. Thereafter and within 24 hours, written notice of suspension containing the same information given at the time a permit is suspended shall be forwarded by registered mail to the last known address of the person whose permit was suspended.
K. 
Hearings.
(1) 
Persons whose permits have been suspended shall be afforded a hearing before the Board of Health within three days after such suspension, or thereafter at such person's option, to show cause why the suspension should be lifted. The Board of Health shall, within seven days after such hearing, render a written decision confirming or rescinding the suspension and shall notify the person whose permit has been suspended, in writing, of its action and reasons therefor.
(2) 
Persons whose permits have been denied shall be afforded a hearing before the Board of Health within seven days after such denial, or thereafter at such person's option, to show cause why a permit should be granted. The Board of Health shall, within seven days after such hearing, render a written decision confirming or rescinding the denial of a permit and shall notify the person whose permit has been denied, in writing, of its action and reasons therefor.
A. 
Location. The site of all proposed swimming pools shall be such that proper and adequate water supply and waste disposal facilities will be available and shall not be in conflict with the provisions of P.L. 1954, c. 199,[1] and Standards For the Construction of Sewerage Facilities For Realty Improvements. No pool shall be closer to the side lines than six feet. There shall be at least 10 feet of distance from any foundation of any building.
[1]
Editor's Note: See N.J.S.A. 58:11-23 et seq., Realty Improvements Sewerage and Facilities Act (1954).
B. 
Layout. Pool layout shall be such that exits and entrances shall be located at the shallow end of pool.
C. 
Materials of construction. All materials used shall be durable, waterproof and easily cleaned. The bottom and sides of 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 or open joints. Walkways around pools shall be of light color, easily cleaned and slip-proof.
D. 
Marking. Critical depths of pools are those at both ends and also at change-of-slope locations of the pool. Such critical depths shall be conspicuously marked in a permanent manner on both the horizontal and vertical surfaces of the pool and shall be visible in and out of the water. Markings at one-foot-depth intervals are considered desirable.
E. 
Overflow gutter. Gutters shall extend completely around the pool and shall be constructed with the lip of the gutter level throughout the perimeter. Overflow gutters shall be of sufficient size and grade to receive and carry off all overflow. Overflows shall be designed to permit cleaning and repair.
F. 
Gutter drains. Gutter drains shall be provided at intervals not greater than 15 feet, except that such intervals shall not exceed three feet in either direction from any corner or irregularity in the scum gutter. Outlets shall be at least 1 1/2 inches and properly covered.
G. 
Ladders and stairs. Ladders for entering and leaving a pool shall be constructed of nonslip tread and shall be located at both sides of the deep section. If the wall height at the shallow end is more than two feet, ladders or steps shall be provided. Stairs or ladders shall have a handrail at either side with the top leading out over the walkway. Step holes shall not be permitted.
H. 
Enclosures. Pools shall be surrounded with a fence, wall or other enclosure not less than four feet high but not more than six feet high, for the safety and control of patrons, persons using the pool, spectators and the enforcement of pool regulations. The Board of Health may require additional safety devices for protection of small children using private pools.
A. 
Diving stands, when provided, shall be rigidly constructed and properly anchored with sufficient bracing to ensure stability under the heaviest possible load. Slides and drop ropes shall not be permitted.
B. 
Floats. Fixed platforms and floats shall not be permitted.
C. 
Headroom. At least 13 feet of free and unobstructed headroom shall be provided above diving boards and stands.
D. 
Height. Diving boards or platforms available for use by the general public shall not be more than 10 feet above water level.
E. 
Covering. Springboards and diving platforms shall be covered with cocoa matting or other nonslip material. The use of canvas for such purpose is prohibited.
A. 
Layout. Wading pools, if constructed adjacent to a swimming pool, shall be separated therefrom by a fence or other partition sufficiently high to prevent waders from entering the swimming pool area.
B. 
Depth requirements. Wading pools shall not be designed or used for swimming or diving. The maximum depth allowed shall be 12 inches.
A. 
Capacity. All circulation units shall have sufficient capacity to circulate the entire contents of the pool within eight hours or less, except that if scum gutter water recirculation is proposed, the units shall be capable of recirculating the entire contents of the pool in six hours or less.
B. 
Pumps. Pumps shall have capacities as required in this section.
C. 
Piping. The piping system shall be designed to:
(1) 
Fill the pool.
(2) 
Circulate the pool water through the treatment equipment.
(3) 
Wash each filter individually.
(4) 
Filter to waste.
(5) 
Operate suction cleaner if recirculation pumps are used.
(6) 
Empty the pool.
(7) 
Drain the entire system.
D. 
Installation. The circulation system and pumps shall be installed in accordance with the manufacturer's recommendations by a registered and bonded master plumber in the Township of Rochelle Park or under the supervision of mechanics employed by the registered master plumber, subject to approval by the Plumbing Subcode Official.
[Amended 5-5-1986 by Ord. No. 520]
E. 
Protection of potable water supply. Physical connections between potable water systems and swimming pool circulation systems shall not be permitted. Potable water for makeup shall be introduced either into a float-controlled surge tank having an air gap of at least six inches above the overflow rim of the tank or directly into the pool by means of a discharge pipe located beneath a diving board and turned downward with an air gap of at least six inches above the pool overflow level. Where the circulating pump is not adequate to operate such equipment, auxiliary pumps shall be provided where necessary.
F. 
Hair catchers. At least one hair catcher shall be installed with duplicate strainer baskets provided. Hair catchers shall be located on the suction side of all pumps.
G. 
Suction cleaners. Suction cleaners, either portable type or as a part of the permanent piping system, are required. Permanent suction cleaners are to be installed in accordance with the recommendations of the manufacturer and be approved by the Plumbing Subcode Official.
[Amended 5-5-1986 by Ord. No. 520]
H. 
Drains. Pools shall be equipped with at least one drain at the deepest point capable of emptying the pool within four hours.
Suspended matter in the pool shall be removed by means of adequate filtration equipment consisting of pressure or gravity filters designed and operated as provided herein. All filters shall be of a corrosive-resistant material. All filters shall be installed as recommended by the manufacturer and have the approval of the Board of Health.
A. 
Disinfecting agent. Means shall be provided for continuous and effective disinfection of swimming pool waters. Chlorine gas, chlorine-bearing compounds or bromine solutions shall be required as disinfecting agents. The addition of ammonia to chlorine solutions for the purpose of forming chloramines as the disinfecting agent shall not be allowed without special permission of the Board of Health or its authorized agent.
B. 
Chlorination. Chlorinating devices shall be of the solution feed type. Gas masks shall be provided where chlorine gas is used. Chlorinating devices shall be located safely in housing properly vented as may be approved by the Board of Health. Comparators for measuring residual chlorine and pH shall also be provided. Solution tanks or crocks, each having 48 hours' storage capacity, shall be required if hypochlorite feeders are proposed.
A. 
Sanitary sewage waste and filter backwash shall be disposed of without creating nuisance or sources of foulness.
B. 
The installation of individual sewage disposal systems or other means of private sewage disposal shall not be approved if a sanitary sewer is available within 500 feet.
C. 
The discharge of filter backwash water into the waters of the state shall not be permitted unless adequate treatment of such wastewaters shall first be provided in such a manner as to meet the requirements of the State Department of Health.
D. 
Plumbing. The installation, maintenance, repair and control of plumbing facilities and the installation of pool equipment shall comply and be in accordance with the current ordinance and regulating provisions of the Board of Health.[1]
[1]
Editor's Note: The installation of plumbing facilities is currently regulated under the State Uniform Construction Code provided for in N.J.S.A. 52:27D-119 et seq.
A. 
Dressing rooms or bathhouses to be used simultaneously by both sexes shall be entirely separated by partitions. Line of sight shall be broken at entrance and exits of dressing rooms.
B. 
Floors of all dressing and locker rooms shall be constructed of smooth-finished material impervious to moisture. Wood slats or floors shall not be permitted. Floors shall have sufficient pitch or otherwise be constructed as to permit proper drainage after washing down. Walk areas used by patrons shall be of nonslip construction.
C. 
Dressing rooms or bathhouses shall be so constructed as to provide ventilation at floor and ceiling levels.
Rescue equipment shall be in compliance with rules and regulations of the State Department of Health, P.L. 1946, c. 172, as set forth in N.J.S.A. 26:4A-1, 4A-2 and 4A-3.[1]
[1]
Editor's Note: N.J.S.A. 26:4A-1 et seq. was repealed by L. 1991, c. 135. See now N.J.S.A. 4A:4 et seq.
A. 
Analysis.
(1) 
All chemical and bacteriological analysis of swimming pool waters shall be made in accordance with procedures set forth in the current edition of Standard Methods for the Examination of Water and Sewage, published jointly by the American Public Health Association and the American Water Works Association.
(2) 
The standard test for the coliform group shall consist of the presumptive and coliform tests, the latter being required when presumptive evidence of coliform organism is indicated.
(3) 
The standard test for total bacteria shall consist of the standard agar plate count at 37º C.
B. 
Procedure.
(1) 
Swimming pool operators shall have pool water samples analyzed by a laboratory approved by the Board of Health unless otherwise directed by the Board of Health or its authorized agent.
(2) 
Reports of all analyses shall be forwarded to the Board of Health or its authorized agent within 48 hours after completion.
C. 
Frequency. Samples shall be collected at least once weekly at both ends of pool during heavy period of bathing load.
D. 
Disinfectants. All samples of swimming pool water shall be collected in bottles containing sodium thiosulfate. In freeing samples of chlorine, the procedure given in Standard Methods for the Examination of Water and Sewage shall be followed.
E. 
Bacterial quality standards. For the purpose of this chapter, the bacterial quality of swimming pool waters shall be judged on the basis of plate count and coliform densities as hereinafter prescribed:
(1) 
Standard portion. A standard portion shall consist of 10 milliliters.
(2) 
Standard sample. A standard sample of pool water shall consist of five standard portions.
(3) 
Standard sampling. For the purpose of this chapter, a standard sampling shall consist of the 10 standard portions obtained from two samples taken from the pool in accordance with Subsection C.
(4) 
Maximum coliform densities. Of all 10 standard portions obtained from a standard sampling, not more than one portion shall show the presence of organisms of the coliform group at any time.
(5) 
Maximum plate counts. The total plate count of a sample taken at either end of the pool shall not exceed 250 bacteria per milliliter at any time.
F. 
Samples not meeting standards. The Board of Health or its agent shall obtain and have additional samples analyzed if those taken pursuant to Subsection E(1) do not meet standards established in Subsection E(4).
G. 
Chemical quality. Free chlorine residuals and pH values shall be determined not less than four times during any day a pool is in operation. Free chlorine residuals and pH values shall be maintained within ranges indicated below:
pH
Free Chlorine Residual
(parts per million)
7.0 - 7.6
0.4 - 0.6
8.0 - 8.4
2.0 - 5.0
H. 
Physical quality. The water of a pool, when in use, 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 from the pool sidewalk at all distances up to 10 yards measured in a horizontal distance from the projection of the disk onto the pool surface.
A. 
Before commencing the installation of any swimming pool plumbing for any swimming, bathing, public, semipublic or private swimming pool, a permit authorizing such work shall be obtained from the Plumbing Subcode Official. No permit will be issued for a public or semipublic swimming pool until written approval has been obtained from the State Department of Health.
[Amended 5-5-1986 by Ord. No. 520]
(1) 
The issuance of a permit based upon submitted plans and specifications shall not prevent the State Department of Health or the Board of Health from thereafter requiring the correction of errors in said plans and specifications or from preventing construction operations being carried on thereunder when in violation of this chapter or any other pertinent ordinance, or from revoking any approval when issued in error.
(2) 
All pools and the bathing houses used in connection therewith shall at all times be kept in a neat and clean condition to the satisfaction of the Board of Health.
B. 
Nuisance. A swimming pool constructed, altered or operated in violation of the provisions of this chapter is hereby declared a nuisance and detrimental to public health.[1]
[1]
Editor's Note: See Ch. 199, Public Health Nuisances.
[Added 5-28-2025 by Ord. No. 1233-25]
A. 
Purpose. This section is adopted to regulate, control and/or prohibit the rental of indoor and outdoor pools in the Township of Rochelle Park.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated.
ADVERTISE or ADVERTISING
Any form of solicitation, promotion, and communication for marketing, used to solicit, encourage, persuade, or manipulate viewers, readers, or listeners into contracting for goods and/or services in violation of this article, as same may be viewed through various media, including, but not limited to newspapers, magazines, flyers, handbills, pamphlets, commercials, radio, direct mail, internet websites, or test or other electronic messages for the purpose of establishing occupancies or uses of rental property, for consideration which are prohibited by this section.
CONSIDERATION
Soliciting, charging, demanding, receiving or accepting any legally recognized form of consideration including a promise or benefit, a quit pro quo, rent, fees, other form of payment, or thing of value.
EXEMPTION PROPERTY
Hotel, Field Club, Commercial establishments and rental of home.
OWNER
Any person(s) or entity(ies), association, trust, fiduciary, limited liability company, corporation or partnership, or any combination who legally use, possess, own, lease, sublease or license (including an operator, principal, shareholder, director, agent, or employee, individually or collectively) that has charge, care, control, or participates in the expenses and/or profit of a dwelling unity pursuant to a written or unwritten agreement, rental, lease, license, use, occupancy agreement or any other agreement.
PERSON
(1) 
An individual, firm, corporation, association, partnership, limited liability company, association, entity, and any person(s) and/or entity(ies) acting in concert or any combination thereof.
(2) 
It shall be unlawful for an owner, lessor, sublessor, any other person(s) with possessory or use right(s) to offer or obtain actual or anticipated consideration for soliciting, advertising, offering and/or permitting, allowing or failure to discontinue the use of a private indoor and outdoor swimming pool on an hourly, daily, weekly or seasonal basis. Swim clubs, field clubs, hotel and like facilities are hereby exempt from this prohibition. The use of a pool by the tenant of a residential rental dwelling is permitted, however the pool may not be rented to third parties.
C. 
Advertising prohibited. It shall be unlawful to advertise, solicit or promote by any means actions in violation of this section.
D. 
Enforcement; violations and penalties.
(1) 
The provisions of this section shall be enforced by the Building Code Official, Fire Official, Health Department, other Subcode or Code Official, Rochelle Park Police Department, as their jurisdiction may arise, including legal counsel for the Township or other persons designated by the Township Council to issue municipal civil infractions directing alleged violators of this article to appear in court or file civil complaints.
(2) 
A violation of this section is hereby declared to be a public nuisance, a nuisance per se, and is hereby further found and declared to be offensive to the public health, safety and welfare.
(3) 
Any person found to have violated any provision of this section, without regard to intent or knowledge shall be liable for the maximum civil penalty, upon adjudicated violation or admission of a fine not exceeding $1,250. Each day of such violation shall be a new and separate violation of this section.
(4) 
The penalty imposed herein shall be in addition to any and all other remedies that may accrue under any other law, including but not limited to, eviction proceedings, and/or injunction, reasonable attorney's fees or other fees and costs. In the Township's Municipal Court or the Superior Court of New Jersey, Bergen County, or in such other court or tribunal of competent jurisdiction, by either summary disposition or by zoning or construction code municipal proceeding.