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Swimming Pool Zoning Laws and Fencing Requirements Borough of Fanwood, Union County

June 11, 2018

Updated as of June 2018


The words, terms or phrases listed below, for the purpose of this chapter, shall be defined and interpreted as follows:


Artificially constructed swimming pools or tanks established or maintained upon any premises by any individual for use by himself, his family or the guests of his household.


Either outdoor or indoor pools which are artificially constructed to provide recreational facilities for swimming, bathing or wading.


Artificially constructed pools not designed or used for swimming, with a maximum area of 120 square feet and a maximum water depth of 18 inches.

264-2Construction restricted.

No public or private club swimming pools shall hereafter be constructed or installed in any residential zone of the Borough, except where such pools are constructed and operated by educational and/or recreational agencies.[1]


Editor’s Note: Former §§ 81-3 through 81-8, dealing with permits and construction, water, discharge and disinfection specifications, as amended, which previously followed this section, were repealed 10-14-1981 by Ord. No. 731R. Former § 81-9, Location, as amended, which previously followed this section, was repealed 12-28-1999 by Ord. No. 99-25R.


No artificial lighting shall be maintained or operated in connection with said pool in such a manner as to be a nuisance to or an annoyance to neighboring properties.


All outdoor private swimming pools shall be enclosed by a substantial fence not less than 48 inches in height so constructed as not to have openings, holes or gaps larger than four inches in any dimension, except for doors and gates, and which shall have a similarly substantial gate the same height as the fence with facilities for locking said gate when the pool is unguarded. Said gate is to be kept closed and locked at all times except when it is open for the purpose of ingress and egress. The provisions of this section shall not apply to wading pools, to public swimming pools or to private club swimming pools.[1]


Editor’s Note: Former § 81-12, Applicability of fencing provisions, which previously followed this section, was repealed 12-28-1999 by Ord. No. 99-25R.


[Amended 5-11-1977 by Ord. No. 678R]

Every private swimming pool constructed or to be constructed in the Borough shall at all times comply with the requirements of all health authorities having jurisdiction in the premises, and any nuisance or hazard to health which may exist or develop in or in consequence of or in connection with any such swimming pool shall forthwith be abated and removed by the person in possession of such pool upon receipt of notice from the Construction Official, Health Officer or other designated person so requiring.[1]


Editor’s Note: Former § 81-14, Violations and penalties, which previously followed this section, was repealed 10-14-1981 by Ord. No. 731R


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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