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Swimming Pool Zonig Laws and Fencing Requirements Borough of Edgewater, Bergen County

June 11, 2018

Updated as of June 2018


The words, terms or phrases listed below for the purposes of this chapter, except when the context requires a different meaning, shall be defined as follows:


Building or installing a new swimming pool or enlarging an existing swimming pool or any of its facilities.


Borough of Edgewater in the County of Bergen and State of New Jersey.


The holder or holders of the title to the premises in fee simple, or having charge, care or control of any dwelling unit as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee, receiver or guardian of the estate, or as mortgagee in possession, regardless of how such possession was obtained. Any person who is a lessee subletting or reassigning any part or all of any building shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned by said lessee.


Any individual, corporation, company, association, society, firm, agency or partnership or any other type of entity.


Any facility used for swimming or bathing, having a depth of at least 24 inches or having a surface area of 250 or more square feet; provided, however, that where such facility is permanently equipped with a water recirculating system or constructed with structural materials, such facility shall be classified as a pool, notwithstanding that the depth and area are less than the aforementioned dimensions.[1]


Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

 386-2Permit required; application.

A swimming pool or appurtenances thereto shall not be constructed, installed, enlarged or altered until a permit has been obtained from the Construction Official of the municipality. The approval of all municipal, county and state agencies, if necessary, having jurisdiction over the swimming pools shall be obtained before applying to the Construction Official for such permit. Any such approvals required shall be filed with the application for the permit.

Applications for pool permits shall be accompanied by duplicate sets of the following:


Permit, plan and specifications or proper descriptive voucher.


Proper plans showing dimensions and construction of the pool and appurtenances and properly establishing distances to lot lines, buildings, walks and fences or existing houses and structures thereon abutting streets and properties.


A description of the water supply system, drainage and water disposal system and the method of water treatment.

The Construction Official shall file one set of plans and specifications with the Board of Health of the municipality prior to the issuance of the permit.

The fees required under this section shall be as set forth in the Uniform Construction Code (N.J.A.C. 5:23).[1]


Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

The Construction Official shall issue the permit for the construction and installation of such swimming pool if the same complies with the regulations set forth in this chapter, as well as the provisions of the Uniform Construction Code (N.J.A.C. 5:23), the provisions of which are hereby incorporated by reference.[2]


Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

 386-3Compliance with Zoning Ordinance required.

Any swimming pools hereafter constructed or installed shall comply with all the requirements of the Zoning Ordinance of the Borough of Edgewater.[1]


Editor’s Note: See Ch. 240, Land Use and Development.

 386-4Safety devices required.

Every person owning land whereon is situated a swimming pool shall erect and maintain thereon an adequate enclosure either surrounding the property or pool area sufficient so as to make such body of water inaccessible to small children. Such enclosure shall be not less than four feet in height, and all gates or door openings through such enclosures shall be kept securely closed and shall be equipped with a self-closing and self-latching device designed at least four feet above the underlying ground or otherwise made inaccessible to the outside by small children.

A natural barrier or other protective device may be used, subject to the approval of the Construction Official, so long as the degree of protection afforded by such natural barrier or other protective device is no less than the protection afforded by the enclosure, gate and latch described herein.

At least one or more means of egress shall be provided from the pool. The treads of steps or ladders shall have nonslip surfaces and handrails on both sides, except that handrails may be omitted when there are not more than four steps.

Any access ladders or steps used in connection with the above-surface-type swimming pools shall be removed when such pool is not in use.

386-5Water treatment system required.

All swimming pools, including the above-surface-type portable swimming pools, shall be so constructed, installed or maintained so as to provide for all necessary equipment for the chlorination and other disinfection and filtering to comply with the approved bacterial standards as may be promulgated by the Board of Health of the municipality and the New Jersey State Board of Health

Any pool maintained in the municipality shall furthermore be so constructed and installed so as to provide a water treatment system of the kind set forth in the Uniform Construction Code (N.J.A.C. 5:23).

386-6Drainage system required.

All swimming pools shall be equipped to be completely emptied of water and to provide for the discharge thereof in a manner that will not create a nuisance to adjoining property or any other street or public place. No private pool drain shall be connected with the Edgewater sanitary sewer system except upon the approval of the Mayor and Council, which such approval shall be in writing. Upon application being made for such approval, the superintendent of the sewer treatment plant of the municipality or his designated agent shall inspect the premises on which such pool is planned to be constructed in order to determine the proper location and type of connection necessary and shall, thereafter, make a recommendation to the Mayor and Council.


All swimming pools may be inspected by the Health Officer of the municipality or any agent of the Board of Health of the municipality or by the Construction Official of the Borough of Edgewater.

The owners of any premises having situated thereon a pool shall permit such agents of the municipality access thereto for the purposes of inspection to ascertain compliance with the provisions of this chapter at all reasonable times.

386-8Violations and penalties. [1]

A person violating any provision of this chapter shall, upon conviction, be subject to the penalties in Chapter 1, Article II, General Penalty. Every day that such violation continues shall be deemed to be a separate offense.


Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

 386-9Higher standards to prevail.

Whenever the provisions of this chapter impose a higher standard than that set forth in any other local ordinance or under the laws of the State of New Jersey or under the Uniform Construction Code (N.J.A.C. 5:23), then the standard as set forth herein shall prevail, but if the provisions of this chapter shall impose a lower standard than the higher standards contained in any such other ordinance or state law or the Uniform Construction Code, then the higher standard contained in any other such ordinance, law of the State of New Jersey or under the Uniform Construction Code shall prevail.


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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