Updated as of June 2018
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As used in this chapter, the following terms shall have the meanings indicated:
A permanent barrier or obstruction not less than four (4) feet nor more than ten (10) feet in height, so constructed as entirely to enclose the area on which the swimming pool is located and to bar all reasonable and normal access to the swimming pool except through a substantial, self-closing gate or gates of the same height as the fence, equipped with facilities for locking said gate or gates when the pool is unattended or unguarded.[2]
Any individual, firm or corporation having an interest in the lot or lots on which the swimming pool is located, as owner, tenant, occupant or the agent, servant or employee of such owner, tenant or occupant.
A body of water, artificially constructed in whole or in part, having at any point a depth of more than eighteen (18) inches below the ground or area surrounding it, and designed, established, constructed, maintained or used as an accessory use to a residence for private swimming, bathing or wading purposes of a person, the members of his or her household or their guests.
Editor’s Note: For statutory provisions regulating public swimming pools and places, see N.J.S.A. 26:4A-1 et seq.
Editor’s Note: The original definition of “Person,” which immediately followed this definition, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
264-2Fence enclosure required for swimming pool area.
No person shall construct, maintain or use, or cause, suffer or permit to be constructed, maintained or used, a swimming pool on any lot or lots in the Borough, unless there shall be constructed and maintained a fence as defined in § 264-1 enclosing the area on which the swimming pool is located.
264-3Locking and closing of gates.
The gate or gates in the fence shall be kept closed at all times except when being used for ingress or egress, and shall be kept locked at all times when the swimming pool is unattended or unguarded.
264-4Zoning provisions not affected.
Nothing herein shall be deemed to alter, modify or repeal the provisions of Chapter 310, Land Use, Part 4, Zoning, with respect to the height and location of fences in residence districts.
264-5Violations and penalties.
Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to the provisions of Chapter 226, Penalties.
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 www.bycarls.com or call 732-504-3372.
