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Swimming Pool Zoning Laws and Fencing Requirements Borough of Beach Haven, Ocean County

June 11, 2018

Updated as of June 2018

180-1Establishment of standards.

A code regulating and controlling the operation and maintenance of swimming pools and declaring and defining swimming pools as nuisances and fixing penalties for violations is hereby adopted pursuant to Chapter 188 of the Laws of 1950 (N.J.S.A. 26:3-69.1 et seq.). A copy of said code is annexed hereto and made a part hereof without inclusion of the text thereof herein.

180-2Adoption of standards.

Sections 1, 4, 5 (without reference to “Section 3.14 of this Code”, found in Subsection 5-1.1, entitled “Layout”), 8, 10, 11, 12, 13, 14, 15 and 16 of the Swimming Pool Code of New Jersey (1970), as approved by the State Department of Health, be and is hereby adopted, a copy of which code is annexed hereto and made a part hereof without inclusion of the text thereof herein.


The said code established and adopted by this chapter is described and commonly known as the “Swimming Pool Code of New Jersey (1970).”

180-4Copies on file.

Three copies of the said Swimming Pool Code of New Jersey (1970) have been placed on file in the office of the Municipal Clerk in the Borough of Beach Haven on introduction of this chapter and will remain on file in said office for use and examination of the public.

180-5Violations and penalties.

Any person or persons, firm or corporation violating any of the provisions of this chapter or of the Swimming Pool Code of New Jersey (1970), as adopted herein by reference, shall, upon conviction thereof, pay a penalty of not less than $5 nor more than $500 for each violation, at the discretion of the Municipal Court Judge of the Borough of Beach Haven. Each day a particular violation continues shall constitute a separate offense.

212-17Fences and pools.

A stockade or solid fence is permitted along the rear lot lines, except in the case of corner lots, where they are only permitted along the rear 2/3 of those lot lines which do not abut a street. In residential zones, a five-foot solid fence with one-foot lattice along rear lot lines to rear corners of the house for a total of six feet maximum is permitted.

[Amended 2-9-2015 by Ord. No. 2015-9C]

A post and rail fence or a fence which has an opacity ratio of 50% or such greater open ratio may be permitted along any lot line, provided the fence is no more than five feet maximum with 50% opacity along side lot lines to front corners of the house. In addition, the fence shall be no more than four feet maximum with 50% opacity from front corners of the house to front property line, subject to further provisions of this section.

[Amended 2-9-2015 by Ord. No. 2015-9C]

Any fence exceeding five feet in height in the above area must be chain-link type; provided, however, that no such fence shall exceed 10 feet in height.

In all cases, a fence permit shall be obtained from the Building Administrator.

Pool restrictions.


In residential areas, the construction of pools is restricted to rear yards only with the exception of a corner lot where pools are permitted in the side yard.

[Amended 2-9-2009 by Ord. No. 2009-1]


Pools in other than residential areas are subject to site plan approval.


In all cases, the construction of a pool requires a building permit.


In all cases, pools must conform to state fencing regulations.


All pools and pool equipment must maintain a minimum five-foot setback from the property line.

[Added 2-9-2009 by Ord. No. 2009-1]

Lands abutting commercial property. In areas wherein a residential property abuts commercial property, structures or uses in the Borough of Beach Haven, a stockade or solid fence may be erected along the lot line where the residential property abuts the commercial property, structure or use, by either the residential lot owner or commercial property owner. Said fence may be erected to a height of eight feet within the property line area. This subsection is subject to Subsection D.

[Added 7-26-1993 by Ord. No. 93-17]


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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