This website is brought to you by Carl's Fencing & Decking powered by logo

Swimming Pool Zoning Laws and Fencing Requirements Borough of Monmouth Beach, Monmouth County

June 12, 2018

Updated as of June 2018


A swimming pool that is operated for profit and open to the public or to a limited number of members and their guests, upon payment of an hourly, daily, weekly, monthly, annual or other fee or operated as a service rendered by a hotel, motel or apartment development whose units are rented to transient or permanent residents.


A swimming pool located on a single-family lot with a residence on it and used as an accessory to the residence, and said pool is utilized with no admission charges and not for the purpose of profit.


[BH Ord. No. 3-30-65 § 1]

A Code regulating and controlling the location and construction, alteration and operation of swimming pools, the issuance of licenses to locate and construct, alter or operate swimming pools, and declaring and defining certain swimming pools as nuisances and fixing penalties for violations is hereby adopted, pursuant to Chapter 188, 1950 (N.J.S.A. 26:3-69.1 to 69.6). A copy of this Code is annexed hereto and made a part hereof without inclusion of the text thereof herein.


[BH Ord. No. 3-30-65 § 2]

The Code established and adopted by this chapter is described and commonly known as the “Swimming Pool Code of New Jersey (1955).”


[BH Ord. No. 3-30-65 § 3]

Three copies of the said “Swimming Pool Code of New Jersey (1955)” have been placed on file in the office of the Secretary of the Board of Health in the Borough Hall of Monmouth Beach, New Jersey, for the use and examination of the public.



[BH Ord. No. 3-30-65 § 4]

No person shall locate and construct, alter or operate a swimming pool until licenses therefor shall have been issued by the Board of Health.

BH:4-4.2Fees and charges.

[BH Ord. No. 3-30-65 § 5]

The following fees and charges are herewith established:

For the issuance of a license to locate and construct a swimming pool: $25.

For the issuance of a license to alter a swimming pool: $25.

For the issuance or renewal of a license to operate a swimming pool: $25.

BH:4-4.3Expiration and renewal of license.

[BH Ord. No. 3-30-65 § 6]

Licenses issued for the operation of a swimming pool shall expire annually on June 1 and application for renewal thereof shall be submitted together with the required fee prior to June 1 annually.

BH:4-4.4Denial or suspension of license.

[BH Ord. No. 3-30-65 § 7]

Licenses required by this chapter or Code may be denied or suspended by the Board of Health for failure to comply with this chapter or Code.

This Board of Health shall afford the person whose license to locate and construct, alter or operate has been denied or suspended an opportunity to be heard in public hearing; and following this to be informed of the Board’s decision as hereafter provided by Subsection BH:4-2.


[BH Ord. No. 3-30-65 § 8]

Any person violating any of the provisions of this chapter of the “Swimming Pool Code of New Jersey (1955)” which is made a part hereof shall, upon conviction thereof, be liable to the penalty stated in Chapter BH:I, Section BH:1-2.

Each day a particular violation continues shall constitute a separate offense.

30-8.22Private swimming pools.

Type of pools.

Permanent underground.

Permanent above ground. Above ground pools equipped with fences built above the top level of the pool.

Temporary above ground. Above ground pools not equipped with fences built above the top level of the pool.

Lighting. All lighting fixtures for a private swimming pool shall be installed so as to comply with all applicable safety regulations, and shall be shielded so as to prevent any direct beam of light from shining on any adjoining property.

Electric lines. No overhead electric lines shall be carried across any swimming pool or wading area.

Noise. No activities shall be conducted at any private swimming pool which shall cause undue noise or constitute a nuisance to any neighbor.

Building permit. When an application is made for a permit to construct and locate a private swimming pool, the applicant shall show an approval from the Board of Health of the Borough as to the suitability and adequacy of design, materials and construction or construction specifications of said pool, including all accessory equipment, apparatus and appurtenances thereto. The application for a private swimming pool building permit shall identify the building lot, the location of the residence, location of swimming pool, all accessory equipment and apparatus, type of pool, all basic dimensions, location of steps, diving stands, boards and location and detail specification of enclosure and gate on the lot.

Pool location. An outdoor private swimming pool shall be located not less than eight feet from the side or rear of the residence on a building lot, to the rear of the building setback line, nor closer than 10 feet to any property line.

Pump location. The pump of a filtration or pumping station of a private swimming pool shall be located not less than 10 feet from any side or rear property line.

Drainage. Private pools situated or extended above ground level and less than 50 feet from an abutting property shall be surrounded by a suitable drainage system leading to a street or brook so as to be able to carry away all the water in the pool in the case of a break.


Permanent underground pools shall be surrounded entirely by a fence, with no openings greater than a two inch square, and capable of holding a live load of 250 pounds between posts located not more than eight feet apart; however, side(s) of the residence may serve as part of the enclosure. The fence shall be located not less than six feet from the closest edge of the pool. Fences shall be at least four feet high and if made of wire, they must be of the chain link type. All supporting structures shall be on the inside of the fence, and the top of such support shall be at least one inch lower than the top of the fence.

Permanent above ground pools constructed with an attached fence being at least four feet in height above ground level and capable of holding a live load of 250 pounds between posts located not more than eight feet apart needs no additional fencing.

Temporary above ground pools, when not in use, must be emptied or covered with a suitable protective covering, securely fastened or locked in place unless, enclosed by a fence meeting the requirements for a permanent underground pool.

Gate. Any opening or openings in the fence to afford entry to the pool shall be equipped with a gate similar to the fence and shall extend from not more than two inches above the ground to the height of the fence. The gate shall be of a self-closing type, opening outwardly only, and be equipped with a lock and key or padlock and chain, and shall be kept locked, except when the pool is in use.


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.

Comments are closed.