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

June 11, 2018

Updated as of June 2018


[Amended by Ord. No. 9-65]

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


Includes either outdoor or indoor, above or below grade level, public or private pools which are installed or constructed to provide recreational facilities for swimming, bathing or wading.


Includes a pool not designed for or capable of being used for swimming, with a maximum area not exceeding 120 square feet and a maximum water depth not exceeding 12 inches.

617-2Permit required.

[Added by Ord. No. 81-65]

It shall be unlawful to establish or construct a swimming pool without first obtaining a permit therefor from the Director of Public Utilities in the manner hereinafter prescribed. No permit shall be required for a wading pool.

617-3Application for permit; fee; review. [1]

Application for a permit to construct a swimming pool shall be accompanied by four sets of plans and specifications, or in lieu thereof, brochures sufficiently descriptive and detailed for the Construction Official’s purposes, and in addition to the foregoing, a detailed description of the method of disposal and discharge of the water from such swimming pool. The application shall also contain an affidavit that the applicant is the owner of the premises whereon the pool will be located and that no permission for the construction of such swimming pool on the premises is required of any other persons having an interest therein. Following receipt of the aforesaid by the Construction Official, he shall thereafter examine and inspect the proposed site of the swimming pool. If the Construction Official is satisfied with respect to the structural features of the proposed pool and the proposed method of drainage or discharge of the pool water, he shall submit a copy of the application and the plans and specifications or brochures to the Board of Health with a request that the Board review the same for the purpose of assuring that the health and sanitary features and equipment of the pool are in accordance with health laws, ordinances and regulations. If the Board of Health approves the application, it shall cause a statement to that effect to be endorsed on the application and return the same to the Construction Official. The Construction Official may then issue the permit; provided, however, he shall have physically inspected the premises where the swimming pool will be located and certify such inspection on the permit.


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

 617-4Material requirements.

[Added 1-18-1965]

All material used in the construction of private swimming pools shall be waterproof 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.

617-5Location of connection.

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


[Added by Ord. No. 81-65]

No water from a swimming pool shall be emptied or discharged so that the same flows into, on or along a public street or road.

All private swimming 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 the drain should be connected to a storm sewer, the permit for the construction of the swimming pool shall not be issued without the written approval of the Director of Public Utilities having first been granted, which approval shall not be granted by the Director of Public Utilities if, in his opinion, the effectiveness of the storm drain would be impaired by the proposed connection.[1]


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

 If such connection to the storm drain is permitted, it shall be made under the supervision of, and in accordance with the specifications approved by the Director of Public Utilities. The fee payable by the applicant to the Borough for the supervision by the Director of Public Utilities shall be $35, and no permit shall be issued until the fee shall have been paid.[2]


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

In the event that the proposed method of drainage or discharge of the water from the pool is not into a brook or other watercourse or into a storm sewer as hereinabove provided, facilities may be provided so that such pool may be emptied, discharged or drained by spraying the water therefrom upon the property of the owner on or in which the pool is located, but only if such facilities and method of drainage are practicable in that the owner’s property is capable of absorbing the water at the rate at which it is proposed to discharge the same thereon and that such discharge or water thereon will not adversely affect the operation of any sewage disposal system or run into or affect any abutting property, public or private.

The pool shall so be situated that former surface water shall drain away from the pool.

617-7Water treatment.

All private swimming pools shall be so constructed, installed and maintained as to provide necessary equipment for chlorination and other disinfection and filtering to comply with approved bacteriological standards as may be promulgated by regulations issued by the Board of Health of the Borough of Red Bank. Such water treatment facilities shall be located below grade; if above grade, be enclosed by a suitable structure.

617-8Zoning provisions.

[Added by Ord. No. 335-74; amended by Ord. No. 356-74; 5-27-1981]

For the purpose of this chapter, a swimming pool or wading pool shall be an accessory to a residential use within the meaning of the Building Zone Ordinance of the Borough of Red Bank [1] and the size and location of such swimming pool or wading pool shall be governed by the zoning ordinance as an accessory to a residential use.


Editor’s Note: See Ch. 490, Planning and Development Regulations.

 617-9Requirements for non-swimming area and diving boards.

Every swimming pool shall have a non-swimming area constituting not less than 25% of the entire pool area, which non-swimming area shall not have a depth of more than four feet; in the event a diving board or platform is used in conjunction with the swimming pool, the depth of such swimming pool for diving purposes shall be as follows:



Diving Board or Platform


Minimum Water Depth


1 to 3 1 7
3 to 5 8
5 to 8 9
8 to 10 3 10


No artificial lighting shall be maintained or operated in connection with the pool in such a manner as to be a nuisance to or an annoyance to neighboring properties.

 617-11Fence requirements.

[Amended 10-7-1974]

All outdoor swimming pools shall be enclosed by a substantial fence not less than 48 inches in height, so constructed as to prevent within reason any person from gaining access beneath or through the fence and which shall have a similarly substantial gate of the same height as the fence, with facilities for locking the gate when the pool is unguarded.


The swimming pool gate is to be kept closed at all times except when opened for the purpose of ingress or egress.

617-13Health requirements.

Every private swimming pool constructed or to be constructed in the Borough shall at all times comply with the requirements of this chapter and all health authorities having jurisdiction in the premises, and any violation, nuisance or hazard to health which may exist or develop in consequence of or in connection with any such swimming pool, shall forthwith be abated and removed by the person in possession of such pool upon receipt of notice from the Health Officer or other designated person so requiring.


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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