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Swimming Pool Zoning Laws and Fencing Requirements Borough of Roselle, Union County

June 12, 2018

Updated as of June 2018


[Amended 10-12-1970 by Ord. No. 1250[1]]

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


Any structure or construction permanent in nature, used or capable of being used by any person for swimming, bathing or wading.


Any structure or construction built above ground level, not stationary or fixed, used or capable of being used for swimming, bathing or wading.


That portion of a lot between the rear property line and the rear main building line.


That portion of a lot between the front main building line and the rear main building line.


Any pool artificially constructed, permanent or portable, not exceeding 18 inches in depth and not exceeding 100 square feet in area.


Editor’s Note: Ord. No. 1250, adopted 10-12-1970, adopted supplements to the Revised Ordinances of the Borough of Roselle adopted 7-29-1960 by Ord. No. 1037. Other sections of this chapter amended by Ord. No. 1250 are noted where applicable.

 104-2Pools limited to certain zoning districts.

[Amended 10-12-1970 by Ord. No. 1250]

No permanent or portable pool shall be used, established or constructed in other than a residential district or in any other district when used, established or constructed on a lot or lots used for residential purposes.

104-3Permits: when required, application, fee.

[Amended 10-12-1970 by Ord. No. 1250]

A permit shall be required for the erection, construction or installation of all permanent pools. Application for a permit shall be made to the Building Inspector on a form prescribed by him, accompanied by a plot plan and four sets of plans and specifications. The Building Inspector shall issue a permit, provided such plans for the construction or installation of such pool comply with the following rules and regulations, and provided further that the said application has been approved by the Board of Health. The fee for the permit shall be determined on the basis of fees set forth in the building construction standards.[1]


Editor’s Note: See Ch. 46, Building Construction.


All permanent, portable and wading pools shall be registered with the Board of Health before they are put into use. Forms for registration shall be provided for this purpose and shall be available at the office of the Board of Health.


[Amended 10-12-1970 by Ord. No. 1250]

No permanent or portable pool shall be installed or constructed except in the rear yard of the premises nor be located nearer than eight feet from the side property and rear property lines nor occupy more than 50% of the rear yard, excluding all garages and other accessory structures located in such area, except that permanent or portable pools shall be permitted in the side yard upon application to the Board of Adjustment and only if a hardship is clearly shown and upon the following conditions and restrictions:


No permanent or portable pool shall be constructed or installed nearer than 10 feet from the side property line or eight feet from the rear property line.


No permanent or portable pool or any part thereof shall be located nearer to the front curbline than the front main building line.


No permanent or portable pool shall occupy more than 50% of the area between the front main building line and the rear main building line and between the side main building line and the side property line.

In the case of a corner lot, no permanent or portable pool shall be constructed or installed closer than 10 feet from any property line along an abutting street.

104-6Water supply system.

[Amended 10-12-1970 by Ord. No. 1250]

There shall be no physical connection between a potable public or private water supply system and any pool at a point below the maximum flow line of the pool, nor to a recirculation or reheating 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.

104-7Discharge system.

No pool drain shall be connected to the sanitary sewer system, nor shall said drainage be constructed so as to cause damage or nuisance or impose hardship to adjoining property owners.

104-8Compliance with standards.

All pools shall be so constructed, installed and maintained as to comply with approved bacteriological standards as may be promulgated by regulations issued by the Board of Health of the Borough of Roselle and the Department of Health of the State of New Jersey. Should the Board of Health determine that any pool fails to comply with the aforementioned standards, upon notice to the owner of said pool, the use of the pool shall be discontinued until such time as conditions are corrected to the satisfaction of the Board of Health.

104-9Daily emptying of wading pools.

All water shall be discharged daily from wading pools after each day’s use unless provided with equipment for chlorination and other disinfection approved by the Board of Health.

104-10Lighting; loudspeakers.

[Amended 10-12-1970 by Ord. No. 1250]

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


[Amended 10-12-1970 by Ord. No. 1250]

Every permanent or portable pool, other than a wading pool, located in the rear yard shall be completely enclosed by a fence at least four feet in height.

Every permanent or portable pool, other than a wading pool, located in whole or in part in a side yard shall be completely enclosed by a fence as follows:


The fence facing the street and the fence along the sideline of the property shall be five feet in height and the construction shall be of a stockade type.


The balance of the fence enclosing said pool shall be four feet in height.

Every fence herein mentioned shall be of good quality, sturdy, with posts embedded in the ground at intervals of not more than eight feet. Every gate or other opening in the fence enclosing such pool shall be kept closed and securely locked at all times when the owner or occupant of the premises is not present at such pool.

Covering empty swimming pools. Every in-ground swimming pool which is substantially empty of water shall be covered with material of adequate strength and thickness to support a minimum of 150 pounds’ weight in such manner as to prevent any person or animal from falling in.

[Added 11-7-2007 by Ord. No. 2288-07]

104-12Overhanging electric wires prohibited.

[Added 10-12-1970 by Ord. No. 1250]

There shall be no electric wires overhanging any pool or overhanging an area within eight feet from the perimeter of said pool.


[Amended 10-12-1970 by Ord. No. 1250]

Every pool constructed or installed or to be constructed or installed in the Borough shall comply with the terms of this chapter. Any nuisance or hazard to health and safety which may exist or develop in, in consequence of or in connection with the use of any pool shall forthwith be abated and removed by the person in possession of such pool upon receipt of notice from the Building Inspector or other designated authority. Upon receipt of such notice, the pool shall remain closed until the condition has been fully abated.

104-14Water shortage.

No pool shall be filled during any period of drought or emergent water shortage when such period is so proclaimed by the Mayor.

104-15Violations and penalties.

[Amended 1-8-1975 by Ord. No. 1338]

Any person who violates any of the provisions of this chapter shall, upon conviction in the Municipal Court, forfeit and pay a fine not exceeding $500 or be imprisoned for a period not exceeding 90 days, or both.


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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