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Swimming Pool Zoning Laws and Fencing Requirements Borough of Florham Park, Morris County

June 11, 2018

Updated as of June 2018


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


Any type of private swimming pool not otherwise defined in this section.


Any above-surface-type private swimming pool made of permanently pliable plastic or plastic-coated material, canvas, pliable rubber or other permanently pliable material designed to be removed and stored.


Any artificial or semiartificial container or receptacle for the containment of water having an inside depth at any point greater than 12 inches, located outdoors and used or intended to be used for swimming or bathing by the owner or lessee of the property on which it is situated or by the family or guests of such owner or lessee, as an accessory to a residence, except aboveground pools, the top of which is four feet or more from natural ground level, which are straight-sided and have no bridge construction, protrusion, abutments or other means by which access to the top of the pool can be gained by climbing. The discretion of the Building Inspector shall govern within the limits prescribed as to whether the aboveground pool shall come within the aforementioned exception.

216-2Permit required; fee.

No person shall install, construct, erect or make any alteration, addition or other improvement to any permanent private swimming pool until he shall have obtained a building permit issued by the Construction Official as in the case of any other structure.

No person shall install, construct, erect or maintain a portable private swimming pool in any calendar year until he shall have obtained from the Construction Official a portable swimming pool permit for which the fee of $35 shall be charged. The application for the permit shall show the dimensions of the pool.

216-3Compliance with zoning regulations.

[Amended 2-26-2008 by Ord. No. 08-2]

Any private swimming pool shall comply with the detached accessory building location requirements of the zoning regulations (see Chapter 250, Zoning). No swimming pool may be located in a side yard. This restriction applies equally to portable and permanent private swimming pools.


[Amended 2-26-2008 by Ord. No. 08-2]

Every private swimming pool within the Borough, including all pools erected, installed or constructed above ground, shall be completely surrounded by a fence or wall not less than four feet in height which shall be so constructed as to not have openings, holes, or gaps larger than three inches in any dimension except doors and gates, and if a picket fence is erected or maintained, the horizontal dimension shall not exceed three inches. The fence or wall shall be so constructed a distance of at least three feet from the outside edge of the swimming pool. A dwelling house or accessory building may be used as part of such enclosure. All gates and doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gates or doors securely closed at all times when not in actual use, except that the door of any dwelling which forms part of the enclosures need not be so equipped. Any existing private swimming pool shall be provided with an enclosing fence or wall and gate within 45 days of the date of final adoption of this chapter.


Lights used above the surface of the water to illuminate any private swimming pool shall be so arranged and shielded that the light will be reflected away from the adjoining premises.


The Construction Official and/or Health Officer of the Borough shall be responsible for the enforcement of this article.


As used in this article, the following terms shall have the meanings indicated:


A certificate issued upon successful visual inspection of the electrical equipment and wiring by an electrical sub-code official/inspector to ensure that the installation is safe and meets applicable requirements of the most-current version of the adopted electrical sub-code and receipt of a copy of the valid bonding and grounding certificate. [Ref. N.J.A.C. 5:23-2.18c and 2.20(d)]

[Added 2-21-2006 by Ord. No. 3-06; amended 12-17-2015 by Ord. No. 15-23]


Includes any single tank, plunge or other artificial or natural body of water, wading pool, hot tub (Jacuzzi) and spa or adjacent multiples thereof on the same licensed premises, located indoors or outdoors, used or intended to be used for public, semipublic or recreational swimming, operated and maintained by any person or common interest community whether as owner, lessee, operator, licensee or concessionaire, whether or not any charge or fee is imposed, and shall include all structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for use in the operation and maintenance of a swimming pool. This article shall not be construed to apply to swimming pools which are private bathing places as defined in N.J.A.C. 8:26-1.3.

[Amended 8-19-1997 by Ord. No. 11-97]

216-8License required.

No person shall maintain or operate a swimming pool within the Borough without first having obtained a license for such purpose from the Mayor and Council of the Borough. (See § 216-10.)

216-9Application for license; term.

The Mayor and Council shall grant a license by resolution to any person to operate a swimming pool for a term not exceeding one year from the date of such license.

A license shall not be granted until there shall first be presented and filed in writing an application therefor. Such application shall contain the following information:


The location of the swimming pool(s) and hours of operation.


The size of the swimming pool(s).


The source of the water supply.


A description of provisions available for purification of water.


The number of lifeguards to be present and lifesaving facilities available, if required by N.J.A.C. 8:16, Public Recreational Bathing.


The charge to be made for use of the swimming pool(s).


A diagram of the location of the premises showing distances from the nearest buildings and streets.


A description of parking lots available for off-street parking, showing the number of cars that can be accommodated.


A description of the other activities to be carried on on the property surrounding the swimming pool(s).


The name of the owner of the premises.


The name of the operator of the swimming pool(s).


If either Subsection B (10) or (11) of this section is a corporation, the names and addresses of the officers, directors and trustees, if any, and the name and address of the statutory agent and office.


The date of incorporation and whether a profit or nonprofit corporation.

All swimming pool, spa and hot tub license applications must be completed, have a Health Department inspection, verification of compliance with the Building Department requirements (see N.J.A.C. 5:23-2.18c and 2.20(d), current and valid annual electrical certificate of compliance, and be received by the Building Department by May 1 of the licensing year.

[Added 2-21-2006 by Ord. No. 3-06]

216-10Fee; issuance; other activities; inspections.

[Amended 2-21-2006 by Ord. No. 3-06; 12-5-2007 by Ord. No. BH 05-07

Upon the filing of a written application for a license under this article, the applicant shall tender the annual basic pool license fee, which shall be $500 per year, plus $100 for each additional pool, spa or hot tub per year. No license will be granted by the Mayor and Council for part of the year.

Any application that is not complete, does not meet the Building Department and the Health Department requirements or is not received by May 1 of the licensing year will be subject to a late fee equal to the license fee.

Upon authorization by the Mayor and Council, the Clerk shall issue a license for the swimming pool(s) which shall be subject to the terms and conditions of this article.

No other activity shall be carried on except as described in the application or expressly permitted by the Mayor and Council. The annual license fee(s) shall include the registered health environment specialist (RHES) inspections

The fee does not cover the required bonding and grounding certification, which must be performed by a licensed electrical contractor or testing facility. The bonding and grounding certification may be valid for up to five years.

The fee for plan review of a pool shall be $300. Pool alteration and renovation plan review fees shall be $150.

The fee for plan review of a hot tub and/or spa shall be $200. Hot tub and/or spa alteration and renovation plan review fee shall be $100.


Any license or special permit granted pursuant to this article may be revoked, without refund of fees, by the Borough Council for failure to comply with this article or whenever, in the determination of the Borough Council, further operation under such license or permit creates or will create a menace to the health, safety or welfare of the users of the swimming pool, the residents of the Borough or others.

216-12Noise and disturbance.

All activities on the premises on which a swimming pool is situated shall be conducted so that they do not cause noise or other nuisance so unusual or loud that such noise or nuisance shall annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of others.

216-13Sound amplification; peddling and soliciting; hours of operation.

No manual, mechanical or electrical means of amplifying sound shall be used upon the licensed premises, except for intermittent announcements or instructions made or given only for the safety of persons during the permitted swimming hours.

No hawking, peddling, soliciting or canvassing shall be permitted on the licensed premises.

No swimming shall be permitted after sunset or before 10:00 a.m. on weekdays or 12:00 noon on Sundays. A swimming pool shall be cleared of all persons and all gates to it locked between the hours of 10:00 p.m. and 10:00 a.m. (outdoor pools).

216-14Sanitary conditions required.

All swimming pools licensed under this article shall be equipped with chlorinating equipment of acceptable capacity and design which will provide in the water at all times when the pool is in use a residual of excess chlorine of not less than 1.0 part per million or more than 3.0 parts per million indoor and 4.0 parts per million outdoor. No pool shall have, when in use, a residual of excess chlorine or chloramine in the water above the maximum or below the minimum above set forth. (See New Jersey State Recreation Bathing Code, N.J.A.C. 8:26-7.9)

All swimming pools shall be properly equipped with filtering or clarifying devices in satisfactory operating condition so that the water of such pools shall be continuously and regularly filtered and clarified and kept at all times in a sanitary and safe condition for bathing purposes.

All swimming pools will have microbiological water quality standards in accordance with the New Jersey Recreational Bathing Code, N.J.A.C. 8:26-7.6.

Locker rooms, shower rooms, toilets, runways and all other physical facilities or equipment incident to the operation of the swimming pool shall be kept in a safe and sanitary condition at all times.

Whenever any swimming pool, by reason of mechanical defects, lack of proper supervision or failure to comply with the requirements of this article, is a hazard to public health or safety, the Swimming Pool Inspector is authorized to order such pool immediately closed until no further hazard exists.

216-15Bacteriological analysis; pH and chlorine residue readings.

A bacteriological analysis of the water in swimming pools shall be made at least once a week by the pool owner, during the swimming season, and more often at the discretion of the Swimming Pool Inspector, by an independent laboratory approved by the Board of Health. A written report of each analysis shall be submitted to the Swimming Pool Inspector.

The chief lifeguard or pool manager shall make or cause to be made a pH and chlorine residue reading hourly on each day the pool is used for swimming and shall keep an accurate log of such readings for each entire swimming season. The first reading for each day shall be made before the pool is opened for use.


All swimming pools, wading pools, hot tubs and spas shall be operated in compliance with the provisions of N.J.A.C. 8:26, Public Recreational Bathing, and the provisions of this chapter.

216-17Proximity to residences.

No swimming pool shall be erected, conducted or maintained within 500 feet of any residence. The Municipal Pool is exempt from this requirement.


Off-street parking shall be provided to accommodate all automobiles of the persons using the pool. No parking shall be permitted on the streets adjoining or adjacent to the swimming pool.


All swimming pools shall be surrounded by chain link fence, at least six feet in height. Fencing as aforesaid of the entire premises on which a swimming pool is situate shall be deemed to comply with this provision.

216-20Permission for premises to remain open after hours.

Special permission may be granted by the Borough Council for the premises on which a swimming pool is situated, other than the pool itself, to remain open other than permitted hours, for a specific purpose on a specific date if such permission is applied for at least 60 days in advance, in writing, with the reason for the request given in detail. Permission may be denied if, in the judgment of the Borough Council, such denial will promote the health, welfare or safety of the residents of the Borough.

216-21Noncompliance; closing of premises; hearings.

When a violation of this Article has been determined by the persons responsible for enforcement of the same, on the grounds of failure of compliance with its terms, a notice shall be sent by certified mail to the licensee at the address of the licensed premises requiring compliance within five days. Notice shall set forth the requirements for compliance, and a copy of such shall be filed with the Borough Clerk.

Failure of the licensee to respond to the notice within the five-day period shall constitute grounds for revocation of the license. Upon revocation of the license, the Police Department shall post a sign in public view declaring the premises closed for failure to comply with this article.

When the conduct of any licensee, agent or employee is so inimical to the public health, safety and general welfare as to constitute a nuisance and thus give rise to an emergency, the Chief of Police or Swimming Pool Inspector shall have the authority to summarily order the cessation of business and close the premises or suspend or revoke the license. A sign shall be posted on the licensed premises as set forth in Subsection B of this section.

Upon written request by the licensee, his agent or employee, before expiration of the five-day notice or within 10 days of action taken pursuant to Subsection C above, the Mayor shall order a hearing before the Borough Council. Notice of such hearing shall be given to the licensee.

Upon termination of the hearing, the Borough Council shall render its decision by resolution and may suspend or revoke the license or take such other action as shall be in the interest of the public’s health, welfare and safety.

No revocation or suspension of the license shall bar or prevent criminal prosecution for each and every violation of this article. No fee paid under this article shall be returnable in whole or part as the result of any suspension or revocation.


The provisions of this article shall be enforced by a Swimming Pool Inspector and/or Health Officer to be appointed by the Mayor with the advice and consent of the Council and by the Police Department of the Borough.


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


The entire fenced area surrounding the pool.


The entire area occupied by the Swimming Pool Utility.


There is hereby created and established by the Borough a municipal public utility to be known and constituted as the “Swimming Pool Utility of the Borough,” pursuant to and for the purposes of Title 40A of the Revised Statutes of New Jersey, particularly Chapters 2 and 4 thereof, and any other applicable statutes of the state.

216-25Collection of rents and fees. 

The Borough shall charge and collect for the use and operation of the Swimming Pool Utility, and all fees, rents and other charges shall be placed in a separate account of the Borough.

216-26Disposition of rents and fees.

All fees, rents and other charges received annually from the operation of the Swimming Pool Utility shall be applied first to the annual payment of principal and interest on any obligations issued for the Swimming Pool Utility, then to the operation, maintenance and improvement of the Utility. Any surplus resulting from the Utility shall be applied in accordance with law.

216-27Annual budget.

The anticipated revenues from the operation of the Swimming Pool Utility and the appropriations to be made therefor shall be set forth in a separate section of the annual budget.


This article shall not supersede the specific dedication of receipts from the Swimming Pool Utility as provided in any law which authorizes the establishment or creation of such Utility.

216-29Determination of matters not covered under this article.

All matters with respect to the Swimming Pool Utility not determined by this article shall be determined by resolution of the Borough Council.


[Amended 7-24-2007 by Ord. No. 07-18]

The types of registration for use of the Swimming Pool Utility available are:

Family: includes two-parent families, with membership including only husband and wife, their unmarried dependent children under 23 years of age and state ward children, who all reside within the same household.

Single-parent family: includes one parent, and his or her unmarried dependent children under 23 years of age and state ward children, who all reside within the same household.

Resident relative: a relative of a family registrant who is a bona fide resident in the same household.

Individual: any resident not eligible for registration under a family registration or as a resident relative.

216-32Registration fees.

[Amended 3-16-2004 by Ord. No. 3-04; 3-15-2005 by Ord. No. 3-05; 7-24-2007 by Ord. No. 07-18; 4-29-2008 by Ord. No. 08-13; 4-13-2010 by Ord. No. 10-4; 6-21-2011 by Ord. No. 11-5; 4-30-2012 by Ord. No. 12-6; 2-20-2014 by Ord. No. 14-2[1]; 3-26-2015 by Ord. No. 15-2; 2-25-2016 by Ord. No. 16-3; 12-15-2016 by Ord. No. 16-22; 3-15-2018 by Ord. No. 18-4]

The seasonal fees for the Florham Park Municipal Pool utility are as follows:

Payment From 2/15/18 to 5/31/18 Payment As Of


Membership Type Fee Credit Card Fee Credit Card
Resident family (A husband and/or wife and/or domestic partner and all children permanently residing in the same household who are under the age of 23 and fully dependent on the head of household for their support and maintenance) $390 $400.34 $405 $415.73
Resident individual (14+) $215 $220.70 $225 $230.96
Resident senior citizen (62+) $64 $65.70 $65 $66.72
Governing body member N/C N/C N/C N/C
Volunteer fireman/First Aid members (Active/senior members in good standing and their immediate families with children under the age of 23) N/C N/C N/C N/C
Active-duty armed forces members N/C N/C N/C N/C
Florham Park life guards individual pool membership $25 $25.66 $25 $25.66
Nonresident family (A husband and/or wife and/or domestic partner and all children permanently residing in the same household who are under the age of 23 and fully dependent on the head of household for their support and maintenance) $732 $751.40 $750 $769.88
Nonresident individual (18+) $358 $367.49 $373 $382.88
Nonresident senior citizens (62+) $130 $133.45 $130 $133.45

This section allows for two separate payments to be made on April 9 and May 1. All payments made after May 31, 2018, will be subject to fee schedule as indicated above.

This section allows for payment with a credit card. Payments made by credit card will incur a 2.65% service fee charge on the total payment.


Editor’s Note: This ordinance also stated in Section 2 that it allows for three separate payments to be made on March 1, April 1 and May 1. Late payments will be subject to a late fee.

 216-33Guest passbooks.

Registrants may purchase guest passbooks for a fee that will be adopted annually by the Borough Council by resolution. Each book will contain 10 passes. Each pass is valid for one admission only, subject to the following regulations:

No resident of the Borough will be admitted as a guest.

Guest passes will not be valid on Memorial Day, Independence Day and Labor Day.

216-34Identification badges.

All registrants shall be issued identification badges which are not transferable, which shall be displayed for admission and worn at all times while using the facilities.

Badges shall not be defaced.

Lost badges shall be reported immediately to the pool manager.

Replacement badges may be obtained as follows:


Upon deposit of $5, a temporary badge will be issued valid for three days only. At the expiration of the three days, a new permanent badge will be issued and $3 of the deposit refunded. Failure to return the temporary badge within five days after issuance will cause a forfeiture of the deposit.


Persons not desiring to leave a deposit shall not be eligible for admission for three days but thereafter may obtain a new permanent badge upon payment of $2.

Defaced badges shall be promptly surrendered and a replacement fee of $2 paid.

216-35Dates of use.

The Borough Council shall annually determine by resolution the dates the Swimming Pool Utility facilities may be used.

216-36Hours of use.

The hours during which the Swimming Pool Utility facilities may be used for general swimming when the dates have been determined as aforesaid are:

Days Times
Monday through Friday 12:00 noon to sunset
Saturday 10:00 a.m. to sunset
Sunday 1:00 p.m. to sunset
Memorial Day, Independence Day and Labor Day

(except when on Sunday)

10:00 a.m. to sunset

The following are established as general rules and regulations of conduct for the general welfare:

No child under 11 years of age shall be permitted in the pool area unless accompanied by a person 18 years of age or older, who shall remain in the pool area at all times

Use of the wading pool shall be limited to children five years of age and under. Supervision of a child in the wading pool shall be the responsibility of such person bringing the child into the pool area. At no time shall such child be left unattended by such person.

All bathers, including infants, shall wear bathing suits in both the swimming and wading pools. No diapers are permitted in any pool.

All swimmers must wear bathing caps in the pool when their hair length, as determined by the pool manager or assistant, is such that it increases the probability of hair accumulating in and clogging the water circulation system.

All persons using the pools shall take a shower using warm water and soap prior to entering the pools.

Dressing and undressing shall be done in locker rooms only.

Any person showing evidence of skin diseases, sore or inflamed eyes, colds, nasal or ear discharge, communicable disease, excessive sunburn, open blisters, cuts or bandages shall be refused admittance to the pool area.

The use of flotation devices and toys of all types are specifically prohibited in the pool.

Wrestling, running, punching, pushing or pulling others into the pools is prohibited.

Dogs or other pets are not permitted in the pool area.

No glass containers shall be permitted in the pool area.

All foods and beverages shall be served and consumed within designated areas only.

Alcoholic beverages are not permitted anywhere on the pool grounds.

No person of any age shall comb his or her hair or wear pin curlers or the like within the pool area.

People in street clothing and footwear shall display their pool badges and shall not be permitted beyond designated lines.

Vehicles shall be parked only in the designated areas.

Only one person at a time will be permitted on the slide and may descend only feet first facing forward.

216-38Pool manager.

The pool manager shall have the power to suspend the privileges granted to the holder of a registration badge for transfer or defacement thereof, destruction of property or violating any of the foregoing rules and regulations and shall be responsible for the enforcement of this article. Suspension of privileges by the swimming pool manager for violation of the provisions of this article shall be based upon the following schedule:


First offense: one week of suspension.


Second offense: two weeks of suspension.


Third offense: suspension for the remainder of the season.

In the event that an identification badge is transferred and such badge is part of a family membership, then the suspension shall apply to the entire family membership.

216-39Authority to close pool.

The Borough Council or pool manager may close or limit the swimming facilities whenever, in the judgment of either, such action is deemed necessary or desirable for the protection of the health, welfare or safety of the persons entitled to use the facilities.


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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