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Swimming Pool Zoning Laws and Fencing Requirements Borough of Cresskill, Bergen County

June 12, 2018

Updated as of June 2018


For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:


Any outdoor swimming or bathing pool either sunk into the ground or supported by a fixed structure, whether or not it has a fixed intake or discharge system, and portable pools having fixed intake and discharge systems regardless of size or capacity, but excluding fish ponds and ornamental garden ponds not intended for bathing or swimming.


Any outdoor swimming or bathing pool not requiring an excavation in the ground and not having a fixed intake or discharge system and which is capable of being removed for storage.

238-2Applicability to portable pools.

All portable pools having a capacity of 340 cubic feet or more shall comply with the provisions of this chapter, except §§ 238-3through 238-6, which cover only permanent pools, and except for the provisions of § 136-11A and B.

238-3Permanent pools: application procedures.

[Amended 4-2-1985 by Ord. No. 85-10-900]

Prior to the installation of any new permanent pool or the use of any such existing pool, the owner on whose property it is to be installed or used shall file an application in triplicate with the Construction Official and Health Officer, setting forth the following details:

Size and type of construction, with plans and specifications or descriptive brochures.

Safety provisions to be installed.

Plot plan showing property lines of the premises, all existing structures thereon and the location and dimensions of the pool and its appurtenances.

Method of water intake and discharge.

Method of disinfection treatment to be used.

Method of recirculation of water, if any.

238-4Location provisions.

The pool shall be located in the rear portion of the lot, not less than five feet from the rear lot line, not closer than 15 feet from the rear portion of the house and not closer than 15 feet from either side line. Any property owner who is unable to comply with these requirements may apply to the Zoning Board of Adjustment for a variance. It is the intent of this chapter that all pools are to be located, insofar as feasible, as outlined above.


[Amended 4-2-1985 by Ord. No. 85-10-900]

The Health Officer and Construction Official shall jointly visit the premises for the purpose of determining the suitability of the proposed installation and of the location and that provisions are to be made by the owner for its proper construction. Upon the determination by the Construction Official that the application complies with this chapter, he shall issue a building permit.

238-6Inspections upon completion.

[Amended 4-2-1985 by Ord. No. 85-10-900]

When the pool has been completed and is ready for use, the owner shall notify the Health Officer and the Construction Official, who shall jointly make a completion inspection to determine whether the work has been properly performed and meets with the provisions of this chapter.[1]


Editor’s Note: Former §§ 136-7 through 136-10, regarding inspections and permit procedure, which immediately followed this section, were repealed 4-2-1985 by Ord. No. 85-10-900.


The following fees shall be paid to the Borough under this chapter:

A building permit for the construction of a new pool shall be issued by the Construction Official upon the same basis and for the fees as provided in the Construction Code.

[Amended 4-2-1985 by Ord. No. 85-10-900]

Health inspection fee for inspection as provided by §§ 238-4 and 238-5 shall be $10.[1]


Editor’s Note: Former Subsection C, regarding annual inspection fees, was repealed 4-2-1985 by Ord. No. 85-10-900.

Inspection fee after closure under Article III shall be $5.

Sanitary sewer connection fee. Each connection into the sanitary sewer system for a swimming pool shall be charged in the same amount and manner as any other connection thereto as provided in Chapter 210, Sewers.

Each connection into the existing sewer system on the property shall be charged in the same manner and amount as any other connection thereto, as provided in the Plumbing Code, i.e., $5.[2]


Editor’s Note: Former Subsection G, Annual sewer charge, which immediately followed this subsection, was repealed 4-2-1985 by Ord. No. 85-10-900. This ordinance also repealed former § 136-12, Powers of Health Officer, which immediately followed former Subsection G.

 238-8Right of entry for purposes of inspection.

The Health Officer shall have the right to enter upon any private property in the Borough containing a pool for the purpose of enforcing the provisions of this chapter and of making inspections and taking water samples.

238-9Jurisdiction of Municipal Court.

The Municipal Court shall have jurisdiction to hear all complaints on violations of this chapter.


All materials used in the construction of pools shall be waterproof and so designed as to facilitate emptying and proper cleaning thereof.

238-11Sand or soil bottoms or sides prohibited.

No pools shall be permitted having sand or soil bottoms or sides.

238-12Fencing requirements.

All permanent pools now existing or hereafter installed shall be enclosed with a substantial fence no less than four feet in height, with an access gate which shall be kept locked when the pool is unguarded or unattended.


No outdoor lighting shall be maintained or operated in connection with any pool in such a manner as to be a nuisance or annoyance to the comfort or safety of neighboring residents or so as to endanger passing traffic.

238-14Sanitation standards.

[Amended 4-2-1985 by Ord. No. 85-10-900]

All pools shall be so constructed and installed as to comply with bacteriological standards promulgated by the Board of Health of the Borough and the State Department of Health.[1]


Editor’s Note: Former § 136-20, Quality of water, and § 136-21, Water sampling, which immediately followed this section, were repealed 4-2-1985 by Ord. No. 85-10-900.


All pools shall be maintained in a clean and sanitary condition at all times and shall include provisions to permit draining, cleaning and disinfection of the bottom and sides.

238-16Discharges; drainage outlets to be approved.

[Amended 4-2-1985 by Ord. No. 85-10-900; 12-17-1991 by Ord. No. 91-19-1063]

All permanent pools shall be provided with a drainage outlet or device to be approved by the Plumbing Subcode Official, extending from the pool to either a brook, storm sewer or lawn sprinkling system on the premises.

238-17Discharge into brooks restricted.

No discharge shall be permitted into a brook until the Health Officer determines that no danger of pollution exists.

238-18Discharge into streets or adjacent properties.

No water shall be discharged from any pool at the curb of or into the surface of any street or onto adjacent properties.


Whenever any permanent or portable pool becomes, in the opinion of the Health Officer, a menace or hazard to the health or welfare of its users or the public by reason of mechanical defects, unsatisfactory conditions, improper water discharge, failure to comply with this chapter or by becoming a nuisance, he is hereby authorized to summarily close such pool and, in case of permanent pools, to revoke the permit.

238-20Notice of closing posted.

Upon the closing of a pool pursuant to § 238-19, the Health Officer shall post upon the pool or upon some object in close proximity thereto a notice reading as follows:

Signed ……………………………..

Health Officer

238-21Removal of notice prohibited.

Any removal of the notice given, as provided by § 238-20, or the use of a pool when so closed shall constitute a violation of this chapter and subject the person so doing to penalties as provided herein.


The owner of any pool closed under the provisions of this chapter may appeal to the Board of Health, which shall forthwith hold a hearing on the appeal upon notice to all parties in interest. The Board may either affirm, modify or reverse the action of the Health Officer. The pendency of the appeal however shall not stay the closure order.

238-23Reopening closed pools.

The Health Officer may, upon being satisfied that conditions have been remedied, upon proper application and after re-inspection, restore the permit and rescind the closure order.

238-24Water emergencies: pools to be closed.

During all times when a period of emergency water shortage is proclaimed by the Mayor, no person shall run any water whatsoever into any pool of any kind within the Borough, and no owner of any pool shall suffer, allow or permit any water to be run into his pool during such a period.

238-25Proclamation of end of emergency.

No period of emergency water shortage shall be deemed to be ended until so proclaimed by the Mayor.


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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