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Swimming Pool Zoning Laws and Fencing Requirements Borough of Essex Fells, Essex County

June 11, 2018

Updated as of June 2018


For the purpose of this chapter, the following terms shall have the meaning indicated:


Describes and refers to a tank or receptacle for water, wholly or partially set in the ground, in the open and not within a building, constructed with sides which slope away from the ground level at an angle or grade of 45° or more, having a depth at any point greater than two feet, constructed or maintained for the use of the owner or other occupant of a private dwelling, his family or guests, on lands adjacent to such dwelling.

252-2Fencing requirements.

All permanent private swimming pools shall be completely surrounded by a fence, wall or other enclosure of the type and dimensions specified in this chapter. The fence or wall required to be erected under this chapter shall be at least four feet in height and shall be so constructed as not to have openings, holes or gaps larger than four inches in any dimension except for doors or gates, and if a picket fence is erected or maintained, the horizontal dimension shall not exceed four inches. A dwelling house or accessory building may be used as part of such enclosure. All gates used in conjunction with the fence or wall shall meet the same specifications as the fence or wall itself and shall be equipped with approved locking and latching devices and shall be locked at all times when the pool is not in actual use.


It is the duty of the Building Inspector and the Police Department to enforce the provisions of this chapter, and the owner or operator of any such permanent private swimming pool within the Borough shall allow the Building Inspector or any police officer or other authorized official access to the premises upon which such pool is situated for the purpose of inspection to ascertain compliance with this chapter and all other pertinent Borough ordinances, at all reasonable times.

252-4Violations and penalties. [1]

Any person, partnership, association or corporation, or any member thereof or officer of same, who violates this chapter or any part thereof, shall, upon conviction, be punished as provided in Chapter 1, Article III, General Penalty, for each and every offense. Each and every day that a 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).

 215-27Regulation of swimming pools.

All swimming pools shall be properly equipped with filtering or clarifying devices so that the water of such pools shall be continuously and regularly filtered and clarified and kept at all times in a sanitary condition for bathing purposes. The Board of Health may from time to time adopt chemical and bacterial standards for such pools and require methods of chlorination or disinfection.

Samples of pool water taken for analyses shall be collected at least twice monthly, at both ends of the pool during periods of heavy bathing load.

Not more than 10% of samples taken over a period of 31 days shall contain more than 1,000 bacteria per milliliter. No single sample shall contain more than 5,000 bacteria per milliliter. (Bacteria count on agar or litmus lactose agar 24 hours, 35° C.)

Not more than two out of five samples collected on the same day, not more than three out of 10 consecutive samples collected on different dates, shall show a positive presumptive test for Bacillus coli.

When chlorine is made use of, the amount of available or excess chlorine in the water at all times when the pool is in use shall be not less than 0.4 parts per million.

Reports of all analyses shall be forwarded to the Board of Health.

The above regulations apply to pools other than those maintained by any individual upon any premises for his own or his family’s use, or guests of his household, but are recommended for all pools


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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