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Swimming Pool Zoning Laws and Fencing Requirements Borough of North Haledon, Passaic County

June 12, 2018

Updated as of June 2018


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


Any private pool permanently constructed or permanently installed having a depth of more than 18 inches below the level of the surrounding land or any above-surface permanent pool designed, used and maintained for swimming or bathing purposes by an individual for use of the members of his/her household and guests and located on the applicant’s land as an accessory use to a residence and shall include all buildings, structures, equipment and appurtenances thereto.

538-2Permit required.

It shall be unlawful to establish or construct a swimming or bathing pool without first obtaining a permit therefor in the manner herein prescribed.

538-3Application for permit

Application for a permit to construct a swimming or bathing pool shall be accompanied by four sets of plans and specifications or proper descriptive brochures and a fee, exclusive of any permit fee required for the erection of any accessory structures to be used in connection with such swimming pool or bathing pool, and shall be made to the Construction Official by the owner of the property.[1]


Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)

The Construction Official shall not pass upon the structural features or durability of the pool, except, insofar as may be necessary, to assure safe and sound construction in accordance with the generally acceptable principles of safe swimming pool construction and for the purpose of ensuring compliance with the terms of this chapter.

If the Construction Official is satisfied with respect to the structural features of the proposed pool, he/she shall submit the plans and specifications or brochures to the Board of Health, which shall review the same for the purpose of assuring that the health and sanitary features and equipment of the pool are in accordance with the terms of this chapter. If the Board of Health approves the plans and specifications, it shall cause a statement to that effect to be endorsed thereon and return the same to the Construction Official.

The procedure shall be completed within seven working days from the receipt of the application by the Construction Official.

538-4Certificate of completion.

After the completion of the pool and upon application of the person constructing the pool, the Construction Official shall issue a certificate of completion of the pool.

538-5Construction materials.

All materials used in the construction of private swimming or bathing pools shall be waterproofed and easily cleaned. The bottom and sides of the pool shall be either white or a light color, except that aluminum paint shall not be used as a finish. Sand or earth bottoms shall not be used.

538-6Connections with water supply.

There shall be no physical connection between a potable, public or private water supply system and the pool. The supply line to the pool shall terminate as an outside riser pipe that will maintain a minimum air space of six inches between the end of the fill line and the maximum flood level of the pool.

538-7Drainage into watercourse or storm drain.

All private swimming pools or bathing pools hereafter constructed shall be provided with not over one two-inch-diameter galvanized iron pipe or approved equal drain extending from the pool to a brook, other natural watercourse or storm sewer; provided, however, that if such drain should be physically connected to a storm sewer, the permit for the construction of the pool shall not be issued without the written approval of the Borough Engineer, which approval shall not be granted if, in the opinion of the Borough Engineer, the effectiveness of the storm drain would be impaired by the proposed physical connection. If such connection to the storm drain is permitted, it shall be made under the supervision of and in accordance with specifications approved by the Borough Engineer.[1]


Editor’s Note: Original § 155-8, Borough Engineer’s fees, of the 1990 Code, which immediately followed this section, was repealed 5-11-1988 by Ord. No. 12-1988.

 538-8Drainage onto owner’s property.

[Amended 9-20-2006 by Ord. No. 16-2006]

In the event that it is not practicable to drain a proposed swimming or bathing pool into a brook or other watercourse or into a storm sewer hereinabove provided, facilities may be constructed so that such pool may be emptied or drained by spraying the water therefrom upon the land of the owner; provided, however, that if such facilities and method of drainage are to be employed, no permit for such pool shall be issued until the application therefor has been approved by the Plumbing Inspector of the Borough, who shall not approve the same unless, upon inspection of the premises of the owner, he/she is satisfied that such method of drainage and facilities to be provided therefor are practicable, that the owner’s land is capable of absorbing the water at the rate at which it is proposed to discharge the same thereon and that such discharge of water thereon will not adversely affect any abutting property, public or private. No discharge of water shall be permitted to flow onto any neighboring properties except by easement or other permission of the owner of the property onto which water may flow. Under no circumstances shall any water be drained and/or diverted to drain onto the streets and public rights-of-way in the Borough of North Haledon.

538-9Plumbing Inspector’s fee.

[Amended 5-9-1990 by Ord. No. 5-1990[1]]

The Borough Plumbing Inspector shall receive for his/her inspection, prior to approval or disapproval of the application for the permit, a fee, which shall be paid by the owner of the property and shall be in addition to the fees for which provision is made in § 538-3A hereof. There shall be a subsequent inspection after completion of such pool and facilities to ascertain compliance with the plans and specifications therefor, for which there shall be no fee.


Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

 538-10Flooding by discharge prohibited.

An adequate discharge system shall be provided wherein the pool water and filter backwash water may be disposed of in a manner not to cause flooding of adjacent properties, municipal or private sewerage and water supply facilities.

538-11Drainage of surface water.

The immediate area surrounding the pool shall be designed to slope away from the pool so that all surface water will drain away from the pool in a manner that will not create a nuisance or hazard to adjacent property owners or the public.

538-12Water tests.

[Amended 5-9-1990 by Ord. No. 5-1990]

The owner of the pool shall cause water samples of the pool to be tested periodically for bacterial quality. The Board of Health and any Health Officer may at any time require that pool water samples be analyzed in the manner required by the Swimming Pool Code of New Jersey (1970) and may order the discontinuance of the use of any pool whose owner refuses to provide for such analysis or any pool in which the water does not meet the bacterial quality standards of the Swimming Pool Code of New Jersey (1970).

538-13Treatment with chlorine required.

All swimming pools used by other than the immediate family shall be treated with chlorine so that free chlorine residuals and pH values shall be maintained within the ranges indicated below:

pH Free Chlorine Residual
7.4 to 7.8 0.4 to 0.6 PM

538-14Location requirements.

No swimming or bathing pool shall be constructed or installed in any front yard as the term “front yard” is defined in Chapter 600, Zoning, of the Code of the Borough of North Haledon. In the case of a corner lot, as the term “corner lot” is defined in Chapter 600, Zoning, no swimming or bathing pool shall be constructed or installed nearer to the side street line than the minimum number of feet required for the width of the side yard of the street side of such lot. In no event shall any swimming or bathing pool be constructed or installed nearer than 20 feet in an RA-1 Residential District, 15 feet in an RA-2 Residential District or 10 feet in an RA-3 Residential District to any property line of the property upon which said pool is to be located. In the event of any conflict with Chapter 600, Zoning, the more restrictive provision shall apply.

It is not to be located any closer than 20 feet from any sewage disposal system, and the water surface of the pool shall not exceed 20% of the rear or side yard area where the same is located.

No private swimming or bathing pool shall be constructed or installed on any lot unless upon the lot shall be located a residence building as permitted in Chapter 600, Zoning.

The above distances shall be measured from the waterline of the pool to the property line. Any patio or terrace area adjacent to the pool shall comply in all respects with setback requirements applicable to accessory buildings.

[Added 4-15-1992 by Ord. No. 15-1992]

A five-foot swimming pool fence shall be permitted on the interior of the lot.

[Added 4-15-1992 by Ord. No. 15-1992]


Every swimming pool or bathing pool having a depth of 18 inches below the level of the land surrounding the pool and all above-surface permanent pools shall, within 30 days after June 16, 1961, be completely surrounded by a fence or wall of substantial construction, four feet in height, which shall be so constructed as not to have openings, holes or gaps larger than four inches in dimension, except for doors and gates, and, if a picket fence is erected or maintained, the horizontal dimension shall not exceed four inches. A dwelling house or accessory building may be used as part of such enclosure.

The fence or wall enclosure shall be so designed and constructed as to reasonably prevent any person from gaining access beneath, through or over the same and shall be provided with one or more substantial gates or doors of the same height as the fence or wall enclosure.

Every gate or door opening through such enclosure shall be equipped with a self-closing or self-latching device, capable of keeping such gate or doors securely closed.

It shall be deemed that there is sufficient compliance with this section when the owner’s entire property is completely enclosed by a fence and gate of the type above-mentioned.

Any access ladder or steps used in connection with the above-surface type of swimming or bathing pool shall be removed from the pool when the same is not in use.


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

538-17Portable pools.

All portable pools having a depth or height of more than 36 inches or having a capacity in excess of 5,000 gallons shall comply with side yard and rear yard restrictions as set forth in Chapter 600, Zoning, and with drainage requirements set forth in § 538-8 and with the provisions of § 538-15E.

538-18Maintenance of surrounding property.

All areas surrounding the pool shall be made and kept neat and attractive so as to be in conformity with surrounding property, and no rubbish, debris or litter shall be permitted to remain or accumulate in or about the pool.


All pools shall be maintained and operated so that they do not cause noise, nuisances or annoyances to neighbors, property owners or citizens and residents of the Borough.

538-20Waiver of requirements by Council.

The Council shall have the power by resolution to waive any of the location requirements of this chapter where any strict application of the location requirements would work a hardship upon the property owner. Nothing contained herein, however, shall be construed as vesting the Council with the right to claim waiver of any conditions imposed by Chapter 600, Zoning.

538-21Grievances and appeals.

Appeals to the Mayor and Council for a waiver of the provisions of this chapter may be taken by any person aggrieved by a decision of the Construction Official, Plumbing Inspector or of the Borough Engineer pertaining to an application for a swimming pool or bathing pool permit. Such appeals to the Mayor and Council under this chapter shall be taken within 30 days of the decision of the Construction Official, Plumbing Inspector or the Borough Engineer by filing with the Borough Clerk a notice in writing of such appeal. The Borough Clerk shall fix a reasonable time for the hearing of the appeal, giving due notice thereof to the appellant. Notice of such hearing shall be given by the appellant to all property owners within 200 feet of the appellant’s property at least 10 days prior to the time set for the hearing.

538-22Violations and penalties.

[Amended 5-9-1990 by Ord. No. 5-1990[1]]

Each and every day that any of the provisions of this chapter shall be violated or not complied with after due notice of such violation or noncompliance has been served by the Construction Official shall constitute a separate offense and shall be punishable as such. For each and every violation of the provisions of this chapter, the defendant shall be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty.


Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).


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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