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Swimming Pool Zoning and Fencing Requirements Borough of Barnegat Light, Ocean County

June 11, 2018

Updated as of June 2018

180-1Compliance required.

The installation, alteration, maintenance and operation of all swimming pools in the borough shall comply with the provisions of this chapter.


[Amended 8-28-1995 by Ord. No. 95-148]

As used in this chapter, the following words shall have the meanings indicated:


Any pool installed either above or below the level of the surrounding land, having a surface area of water of 100 square feet or less and designed, used and maintained for bathing purposes.


A plan prepared by a licensed engineer or licensed architect of the State of New Jersey in accordance with the law of the State of New Jersey.


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 having a depth of more than 24 inches when partly or wholly above ground or having a water surface area exceeding 100 square feet, designed, used and maintained for swimming or bathing purposes by an individual for use by his guests and located on the applicant’s land or land under the applicant’s control, and shall include all buildings, structures, equipment and appurtenances thereto.


Any shallow pool, whether permanently constructed or of the portable type, which is less than 18 inches below the level of the surrounding land, less than 24 inches deep when partly or wholly above ground and less than 100 square feet in water surface area.


The application of the provisions herein to a permanently installed swimming pool constructed prior to September 11, 1972, shall be as follows:

Such pools shall be exempt from the requirements of § 180-4D, pertaining to fees, unless an enlargement or change of facilities is sought.

Such pools shall not be subject to the requirements of § 180-5A, pertaining to the distance of the pool from boundary lines, etc., unless an enlargement or change of facilities is sought.

Such pools, however, shall be subject to all the provisions and requirements relating to the safety and sanitation in the construction and maintenance of the same as incorporated herein or as set forth in any state and borough regulatory code pertaining thereto.

180-4Permit required; fees.

Application. Before excavation or any other work is commenced on the construction of a pool or the alteration, enlargement, remodeling or other improvement thereof, an application shall be made to the Construction Code Official which shall be accompanied by final plans, specifications and reports in duplicate showing the following data:


Detailed plat plan of the entire property showing existing structures on the premises and adjoining premises, the location of nearby septic tanks, disposal fields and seepage pits and the proposed pool drawn to scale, with pertinent dimensions and grade elevations shown at pool, building and property lines.


Detailed plans to scale with dimensions and specifications for the construction of the pool or other change in existing pools, including piping arrangement; pumps; water treatment facilities, including operating instructions therefor; source of water to be used and a report showing quality thereof for potable purposes; provisions for emptying pool and disposal of wastewater; and all other facilities proposed by the applicant or required by this chapter.

Exception. Neither an application nor a permit for construction or installation of a wading pool is required.

Issuance of permit. When the plans and specifications are filed in a form complying with this chapter and they have been approved by the Construction Code Official, the Borough Engineer, the Ocean County Health Officer and the Plumbing Inspector, a permit to construct the same shall be issued. Upon completion, no pool shall be used until inspected by the Construction Code Official, the Plumbing Inspector, the Borough Engineer and the Ocean County Health Officer and a certificate of occupancy has been issued by the Construction Code Official.

Fees. Fees shall be as set forth in § 76-14A(1)(f) of the Code of the Borough of Barnegat Light.


[Amended 8-28-1995 by Ord. No. 95-148; 12-14-2016 by Ord. No. 2016-013]

No swimming pool shall be constructed or installed on any lot unless a residential dwelling is located upon the lot or unless the lot is located immediately adjacent to the owner’s residence.

No swimming pool shall be installed within 30 feet of any street line or closer to the street than the existing building setback line, whichever is greater.

The distance from any side and the rear lot line to the inside face of the closest swimming pool, wading pool or hot tub wall shall not be less than five feet.

All pumps and filtration systems shall be located not closer than five feet to any property line, but not interfere with side property setbacks.

No swimming pool shall be constructed within 10 feet of the foundation wall of any dwelling, whether such dwelling shall be on the same premises on which the swimming pool is to be constructed or on adjacent premises.

The Zoning Board of Adjustment may grant a variance from the provisions of this section in the same manner that other variances are granted under Chapter 215, Zoning.

180-6General construction requirements.

[Amended 12-14-2016 by Ord. No. 2016-013]

All material used in the construction of a swimming pool licensed hereunder shall be of durable quality and waterproof and so designed as to facilitate its emptying and cleaning. Aluminum paint shall not be used as a finish. The pool’s side 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.

Groundwater pumped to the surface either during construction or for any other maintenance requirements must be directed via flex pipe into the nearest storm drain.

180-7Sanitary regulations.

In addition to the provisions in this chapter, the construction, installation, maintenance and operation of any private swimming pool within the borough shall be subject to the following matters:

The grade of the area surrounding the pool or its construction shall not allow the flow of surface water into the pool.

The water to be used for filling or makeup purposes shall be of drinking water quality, and the pool shall not be filled from other bodies of water not meeting these standards. No cross connection between a pool and a public water supply is permitted.

The pool shall be equipped with a pressure filter, having a relief valve, a diatomaceous filter or an approved equal having sufficient capacity to provide complete recirculation of the pool water in 18 hours or less.


[Amended 12-14-1990 by Ord. No. 90-44]

The drainage from a swimming pool may be drained into the sanitary sewer system, with the prior permission of the borough.

[Amended 7-16-1997 by Ord. No. 97-8]

Where a pool cannot be drained as provided in Subsection A, it may be drained in any other manner that the Health Officer may specify.

In no case shall the drainage from a private pool be permitted to flow onto any public street without the permission of the borough or onto the premises of any abutting property owner.

180-9Safety regulations.

Every private swimming pool subject to the provisions of this chapter shall be completely enclosed by a fence of durable construction not less than four feet and not more than six feet in height, notwithstanding the provisions of any ordinance, or by a wall of a building or structure, provided that, in the case of a portable pool, in lieu of such enclosure the pool may be covered with a suitable strong covering, the covering to be secured in place when not in use. The enclosure shall be provided with one or more substantial gates or doors of at least the height of the fence, and the enclosure and gates or doors thereof shall be so designed and constructed as to reasonably prevent any person from gaining access beneath, through or over the same. Every gate or door of such fence shall be kept securely locked at all times when the pool is not in use. Any access ladder or steps used in connection with a portable-type swimming pool shall be removed from the pool when the same are not in use.

Lights used to illuminate any swimming pool shall be so arranged and shaded as to reflect light away from adjoining premises.

Electrical fixtures, wiring and the 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.


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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