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Swimming Pool Zoning Laws and Fencing Requirements Borough of Lavallette, Ocean County

June 11, 2018

Updated as of June 2018


The words, terms or phrases listed below shall have the following meanings for the purpose of this chapter:


Building or installing a new swimming pool or enlarging an existing swimming pool or any of its facilities.


Any individual, firm, association or corporation.


Any above-surface pool which is not stationary or fixed, is capable of being removed for storage and has a capacity of more than 75 square feet.


Any pool other than a portable, public or private club swimming pool, having water depth in excess of 18 inches and an area greater than 75 square feet, which is designed, used and maintained for swimming purposes by an individual for use by his household and guests without fees, and is located on property owned, leased or otherwise used and maintained by the owner of said swimming pool; it shall further mean and include fill-and-draw, flow-through and recirculation pools which are artificially constructed to provide recreational facilities for swimming, bathing or wading, and all buildings, equipment and appurtenances thereto. It shall not include natural outdoor ponds, rivers, or lakes, nor baths used for cleansing of the body or practice of the healing arts.


Outdoor or indoor pools which are artificially constructed to provide recreation facilities for swimming, bathing or wading which are so constructed for general public use by a public entity or by a private organization exclusively for the use of organization members; does not include portable, private or wading pools as defined by this chapter.


Any artificially constructed pool intended for use by children, not designed or used for swimming, with a maximum water depth of 18 inches.

58-2Building permit required.

Permit required. No public, private club or private swimming pool shall be constructed within the Borough of Lavallette unless the owner or the person in possession of the lands on which said swimming pool is to be constructed shall first obtain from the Construction Code Official of the Borough of Lavallette, prior to the commencement of construction, a building permit therefor.

Plan and fee. The application for approval must be submitted in writing to the Construction Code Official, together with a plan, and must be accompanied by a building fee as established by the Construction Code Department at the County of Ocean.[1]


Editor’s Note: See Ch. 20, Construction Codes, Uniform.

Specifications. The plan submitted with each application must be drawn to scale (indicated thereon) and must contain the following:


The size of the pool.


The position of the pool, showing clearly and accurately its relation to property lines and building lines.


The material to be used in construction.


Plumbing details.


The type of pool: general public, club or private.


Waste disposal facilities.


Pool water treatment facilities and capacities.


Specifications showing all detailed plans.


Fencing and safety devices as hereinafter required.


Such other details or specification which might be required by the Construction Code Official.

Issuance. The Construction Code Official, upon receipt of a proper application and fee and after examination of the application and inspection of the proposed location, if satisfied that all requirements under this chapter have been satisfactorily met, shall issue a building permit for such a pool.


No private, public or private club swimming pool shall be constructed or installed in or on the front yard of any property. “Front yard” shall mean the open, unoccupied space within and extending the full width of the lot, between the front property line and the parts of the building or structure nearest such property line. Further, no private, public or private club swimming pool shall be located in any side or rear yard setback area established under Chapter 90, Zoning, of this Code.

58-4Construction and maintenance.

All materials used in the construction of a swimming pool shall be waterproof and easily cleaned.

There shall be no physical connection between a potable public or private water supply system and the pool at a point below the maximum flow line of the pool or to a recirculating heating system of the pool unless such physical connection is so installed and operated that no pool water can be discharged or siphoned into the potable water supply system.

Every swimming pool shall have a complete recirculating purifying system which shall have a capacity of recirculating the pool contents within 24 hours.

Physical, chemical and bacterial qualities of water shall comply at all times with the latest recommendations made by the American Public Health Association or by the New Jersey State Department of Health.

The construction, maintenance and operation of all public or private club pools shall be in accordance with the Swimming Pool Code of New Jersey (1970) and all other applicable state regulations.

The disposal or discharge of water from any swimming pool shall be accomplished without causing a health hazard and/or nuisance.

All private swimming pools, wading pools or portable pools with a water depth of more than one foot shall be disinfected by the use of disinfecting agents with disinfecting qualities equal to that obtained from chlorine-bearing compounds. No water shall be used for swimming purposes which, when tested, shall show coliforms contained therein. For the purpose of this section, the use of disinfecting agents approved by the American Public Health Association or the New Jersey State Department of Health, or such disinfecting agents as shall meet the same or higher standards, shall be deemed compliance with this section.

58-5Safety regulations.

Fencing, gates, doors and locks shall comply with the following regulations:

Every swimming pool shall be completely and continuously surrounded by a permanent durable wall, fence or barrier which shall be no more than six feet nor less than four feet in height above lot grade, and shall be so constructed as to have no opening, mesh, hole or gap larger than two inches in any dimension, except for doors and gates; provided, however, if a picket fence is erected or maintained, the horizontal dimension of any gap or opening shall not exceed 2 1/2 inches. A dwelling house or accessory building may be used as part of such enclosure. All gates used in conjunction with any part of the above-described enclosures shall conform to the specifications required above as to height and dimensions of openings, mesh, holes or gaps in the case of fences, and all gates and doors shall be equipped with self-closing and self-latching devices for keeping the gate or door securely closed at all times when not in actual use. Gates and doors shall be locked when the pool is not in use or is unguarded or unattended; provided, however, that nothing herein contained shall be construed to require the construction of an additional wall, fence or barrier where, in lieu thereof, the entire premises or a part thereof wherein the pool is contained shall be fully enclosed by a wall, fence or barrier which meets the specifications set forth herein.

Every outdoor wading pool or portable pool shall be enclosed by a durable wall, barrier or fence as described in the preceding subsection, unless such outdoor wading pool or portable pool is:


Emptied when not in use or unattended; or


Covered with a suitable, strong, protective covering fastened or locked in place when not in use or unattended. A cover shall be considered to be of sufficient strength and securely fastened or locked in place if, when fastened or locked in place, it will support a minimum dead weight of 200 pounds.

Notwithstanding anything to the contrary herein contained, all swimming pools which are not in use for any period in excess of 48 hours during the months of October through May shall be covered with a suitable protective cover fastened or locked in place. Such a covering shall be capable of supporting a minimum dead weight of 300 pounds.

All portable pools must have at least one staircase or rigid ladder to provide easy access to the pool, which shall also be capable of being easily removed when the pool is unattended or not in use.

58-6Conditions for pool use.

No rubbish, debris or litter shall be permitted to remain or accumulate in or about said pool.

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

Each swimming pool shall be maintained and operated so as to not cause unreasonable noise, nuisance or annoyance to neighboring property owners or residents.

An owner or person in possession of a swimming pool shall allow the representatives of the Board of Health, the Construction Code Official or any other health or municipal officer access to the premises to inspect said pool and appurtenances, to ascertain compliance or noncompliance with this chapter, at any time it may be deemed necessary by the Borough or its proper officers.

No swimming pool shall be used in this Borough other than between the hours of 7:00 a.m. and 11:00 p.m.

No swimming, wading or pool shall be permitted except as an accessory use to a dwelling in accordance with Chapter 90, Zoning, of this Code. Swimming, portable or wading pools are prohibited on any premises where such pool is the sole or primary use of the premises.


Where literal enforcement of any provision of this chapter would cause undue hardship to the owner of any premises, such owner may apply in writing to the Planning Board of the Borough of Lavallette for a variance excepting said owner from complying with the requirements of such provision. The applicant shall give notice of the application in the manner provided for in N.J.S.A 40:55D-11 to all owners of property within 200 feet of the premises involved in the application. The Planning Board shall hold a public hearing on the application to afford interested parties an opportunity to express their views thereon and may thereafter grant or deny such applications, subject to any additional requirements which it deems necessary to preserve public health and safety and prevent nuisances.

58-8Violations and penalties.

Any person, firm or corporation that shall be convicted of a violation of a provision of this chapter shall, upon conviction whereof by any court authorized by law to hear and determine the matter, be subject to a fine not exceeding $1,000 or imprisonment for a term not exceeding 90 days, or both, as such court in its discretion may impose. Each day that such violation exists 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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