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

June 11, 2018

Updated as of June 2018


The purpose of this chapter shall be to provide rules, regulations and standards for the construction and maintenance of swimming pools in the Borough of Kinnelon in order to promote the public health, safety, convenience and general welfare of the Borough.


[Amended 5-1-1972 by Ord. No. 9-72]

The provisions of this chapter shall be administered by the Board of Health, the Building Inspector and the Zoning Board of Adjustment.


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


Any above-surface type of swimming pool constructed of canvas, rubber, plastic or other material, not designed or intended to be stationary or permanently fixed but designed and intended to be removed and stored.


Any private pool, whether permanently constructed or of the portable type, having a depth of more than 18 inches below the level of the surrounding land, or any above-surface pool having a depth of more than 18 inches, and in each case a surface area exceeding 100 square feet, designed, used and maintained for swimming or bathing purposes by an individual for use by members of his household and guests and located on the same lot as the residential structure to which it is accessory, including all buildings, structures, equipment and appurtenances thereto.


Any shallow pool not included under the definition of “private swimming pool.”

178-4Permit required; application; fee.

It shall be unlawful to establish, construct or alter a private swimming pool without first obtaining a permit therefor in the manner hereinafter prescribed, which construction or alteration shall conform to the requirements of this chapter.

Application for a permit to construct a private swimming pool shall be made in writing to the Building Inspector and be subject to the approval of both the Building Inspector and the Board of Health. The application shall be accompanied by three sets of plans drawn to an acceptable scale and three sets of specifications which shall meet all the requirements of this chapter, the Zoning Ordinance [1] and the Building [2] and Plumbing Codes. The plans and specifications shall include the following:


Dimensions of the pool with side and top elevations.


A plot showing:


The property lines of the lot upon which the proposed pool is to be constructed.


All existing houses and structures, cesspools, septic tanks or subsurface sewerage disposal systems and wells.


Dimensions showing the distance of the pool from property lines and all structures on the lot.


The street or streets abutting the property.


A description of the method of disinfection, treatment, filtering and disposal of pool water.


Provisions for an additional filter to adequately filter the backwash and water returned to the pool or a subsurface disposal system for filter backwash.


Height and type of fence, walls or enclosure as herein required.

[Added 12-21-1967 by Ord. No. 8-67]


Editor’s Note: See Ch. 207, Zoning.


Editor’s Note: See Ch. 105, Construction Codes, Uniform.

All applications for permits to locate, construct or alter a swimming pool shall be accompanied by a fee of $25. This fee is applicable to permanent-type pools only or any pool requiring excavation to construct, and is exclusive of the fees prescribed under the provisions for sewage disposal systems.[3]

[Amended 5-1-1972 by Ord. No. 9-72]


Editor’s Note: See Ch. 237, Sewage Disposal Systems, Individual.

 178-5Controls for swimming pools.

Location. Private residential swimming and wading pools shall not be constructed or installed in the front yard of any premises. In the case of corner lots, these requirements shall also apply to both yard areas fronting a public right-of-way.

Setback requirements. Private residential swimming pools of permanent construction and all structures and appurtenances thereto shall be set back from side and/or rear lot lines according to the following schedule:

[Amended 9-15-2005 by Ord. No. 24-05]

Width of Lot


Setback Required


50 to 75 10
75 to 100 15
100 and over 25

All materials used in the construction of swimming pools shall be waterproof and so designated and constructed as to facilitate emptying and cleaning, and shall be maintained and operated in such a manner as to be clean and sanitary at all times. The bottom and sides of the pool shall be light in color. No type of paint considered injurious to health shall be used, nor shall sand or dirt bottoms be permitted.

The minimum requirements for private pools with diving boards are as follows:

Maximum Distance of Diving Board Above Water
18″* 30″ 39.37″**
Minimum depth of pool within 10 feet of tip of diving board (feet) 8 8 8 1/2
Minimum distance from diving wall to deepest point of pool (feet) 10 11 12
Minimum overhang of diving board (feet) 2 1/2 2 1/2 3



Minimum width from side of pool to center of board (feet) 7 7 1/2 8
The overhead clearance above the diving board to any obstruction such as trees, wires or a ceiling should be such that a diver cannot strike such obstruction at any point of a dive.

* For each one-inch decrease in diving board height below 18 inches, the required minimum depth may be decreased one inch.

** A one-meter diving board.

One or more means of egress in the form of steps, ladders or step holes shall be provided for all permanent private residential swimming and wading pools. Treads of steps, ladders or step holes shall be constructed of a nonslip material and shall have a tread of at least six inches for their full length. All convex, semicircular or triangular steps shall be rounded at all corners and joints.

Unobstructed walk areas not less than three feet wide shall extend entirely around all permanent private residential swimming pools as measured from the edge of the water. Where a diving board is installed, the walk area shall extend three feet beyond the rear edge of said diving board for a width not less than three feet from either side of the board. Said walk area shall be constructed of impervious materials, the surfaces of which shall be smooth, easily cleaned and of nonslip construction. The slope of the walks shall have a pitch of at least 1/4 inch to the foot, designed so as to prevent back drainage from entering the pool.

178-7Disinfection, filtration, recirculation and bacteriological standards.

All swimming pools shall be so constructed, installed and maintained as to provide equipment necessary for the chlorination or other disinfection, filtration and recirculation of the pool water to comply with approved bacteriological standards equal to 0.5 part per million chlorine residual or as may be promulgated by the sanitation regulations issued by the Health Office of the Borough of Kinnelon and the Board of Health of the State of New Jersey, and shall provide for the proper disposal of backwash solids and pool water. A testing kit for the testing of water shall be maintained at all times by the owner and/or operator of the pool.

There shall be no physical connection which will permit pool water to enter the potable water supply line.

178-8Electrical requirements.

Electrical wiring used in conjunction with all private residential swimming pools shall conform to the National Electrical Code standards.

No overhead current-carrying electrical conductors shall cross swimming pools or be located within 10 feet of such pools.

All metal fences, enclosures or railings near or adjacent to swimming pools shall be effectively grounded.

Lights used to illuminate any swimming pool shall be so arranged and shaded as to reflect light away from adjoining premises.

178-9Miscellaneous regulations.

Abandoned pools and unused private residential swimming pools situated on premises which are not occupied or dwelt in for a period exceeding 60 days shall be drained or equipped with a swimming pool cover

Contractors shall have the responsibility of properly protecting excavation sites so that no undue hazard is created by periods of rainfall or work stoppage.

Swimming pools constructed prior to the enactment of this chapter shall not be subject to the locational requirements established in § 178-5 of this chapter, unless an enlargement is sought.

Such pools shall be subject to the provisions and regulations relating to safety and sanitation; these requirements should be, where deficient, provided within 60 days after the passage of this chapter.

178-10Fences and covers.

[Added 12-21-1967 by Ord. No. 8-67]

All private swimming pools hereafter constructed or installed shall be completely enclosed, before filling, by a permanent fence or wall enclosure of durable material not less than four feet in height, so constructed as not to have openings, meshed holes or gaps larger than four inches in any dimension, and which should reasonably prevent any person from gaining access beneath any part of the fence. If a picket fence is erected or maintained, the spacing between pickets shall not exceed four inches. A dwelling or accessory building may be used as part of such enclosure. All fence openings or points of entry into the pool area enclosure shall be equipped with gates. All gates shall be equipped with self-closing and self-latching devices placed at the top of the gate and made inaccessible to small children. In the event that the fence is over the minimum four feet requirement, it shall be no higher than six feet, which is the maximum height permitted by the current zoning requirements.[1]

[Amended 5-1-1972 by Ord. No. 9-72]


Editor’s Note: See Chapter 207, Zoning.

All private swimming pools of the portable type hereafter constructed or installed shall have the entire surface area closed over by a cover when not in use or shall comply with the fencing requirement. Such cover shall be constructed of a material of sufficient strength to support 100 pounds at any one point. All covers shall be constructed so as to reasonably prevent access to the pool by any person other than the owner, members of his household and guests.

Any access ladder or steps used with any permanent or portable above-surface swimming pool, whether permanent or portable, shall be removed from the pool when not in use.


Every private swimming pool constructed, installed, established or maintained in the Borough shall at all times comply with the requirements of the local Board of Health. Any nuisance or hazard to health which may develop in or in consequence of or in connection with any such private swimming pool, wading pool or portable pool shall be forthwith abated and removed by the owner, lessee or occupant of the premises on which the said pool is located upon receipt of notice from the Health Officer of the Borough.

It shall be the duty of the Building Inspector and Health Officer to enforce the provisions of this chapter. They shall order in writing the remedying of any condition found to exist which violates any of the provisions of this chapter.

The owner or operator of any pool within the Borough shall allow the said Building Inspector and the Health Officer or other authorized official access to any private swimming pool, wading pool or portable pool, and appurtenances thereto, for the purposes of inspection to ascertain compliance with this chapter and all other pertinent Borough ordinances at all reasonable times.

Whenever any private swimming pool, by reason of mechanical defects or improper operation and care, is, in the opinion of the Health Officer, polluted and detrimental to health, such pool may be summarily closed.


This chapter shall apply to all new and existing private pools, except where otherwise indicated herein, and shall take effect as provided by law.

178-13Violations and penalties.

[Amended 5-1-1972 by Ord. No. 9-72; 7-21-1988 by Ord. No. 12-88; 6-21-1990 by Ord. No. 4-90]

The owner or agent of a building or premises wherein any swimming pool installation is located where a violation of any provision of this chapter shall have been committed or shall exist, together with the agent, architect, builder, contractor or any other person who shall commit, take part or assist in any such violation, or who shall maintain any swimming pool in which any violation of the provisions of this chapter shall exist, shall for each and every violation be subject, upon conviction, to one or more of the following at the discretion of the court: a fine not to exceed $1,000 or imprisonment in the county jail for a term not to exceed 90 days or community service not to exceed 90 days. Each day that a violation is permitted to exist shall constitute a separate offense.


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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