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Swimming Pool Zoning Laws and Fencing Requirements Borough of Rutherford, Bergen County

June 11, 2018

Updated as of June 2018

Article I: Swimming Pool Code

[Adopted by the Board of Health 1-28-1963]

111-1Adoption of standards.

 A code regulating and controlling the location and construction, alteration and operation of swimming pools; the issuance of permits 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, P.L. 1950 (N.J.S.A. 26:3-69.1 to 26:3-69.6). A copy of said code is annexed hereto and made a part hereof without inclusion of the text thereof herein.


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


Three copies of the said Swimming Pool Code of New Jersey (1955) have been placed on file in the office of the Clerk of this Board of Health upon the introduction of this article and will remain on file in said office for the use and examination of the public.

111-4Permits required.

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


The following fees and charges are herewith established:

For the issuance of a permit to locate and construct a swimming pool, $25.

For the issuance of a permit to alter a swimming pool, $25.

For the issuance or renewal of a permit to operate a swimming pool, $200.

111-6Annual renewal required; dates.

Permits issued for the operation of a swimming pool shall expire annually on December 31 of each year, and application for renewal thereof shall be submitted together with the required fee prior to May 1 of each year.

111-7Suspensions or denials; provision for hearing.

Permits required by this article or code may be denied or suspended by this Board of Health for failure to comply with this article or code.

This Board of Health shall afford the person whose permit 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 Section 2 of the code.

111-8Violations and penalties.

Any person or persons, firm or corporation violating any of the provisions of this article or the Swimming Pool Code of New Jersey (1955) made a part hereof shall, upon conviction thereof, pay a penalty of not less than $2 nor more than $100 for each violation.

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


All ordinances, codes or parts of same inconsistent with any of the provisions of this article and the code established hereunder are hereby repealed to the extent of such inconsistency.


In the event that any section, sentence or clause of this article or code shall be declared unconstitutional by a court of competent jurisdiction, such declarations shall not in any manner prejudice the enforcement of the remaining provisions.

111-11When effective.

This article and the code herein established shall take effect 30 days after the first publication of the chapter in accordance with the provisions of c. 188, P.L. (N.J.S.A. 26:3-69.1 to 26:3-69.6).

Article II: Private Swimming Pools

[Adopted by the Borough of Rutherford Council 9-17-1963]


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


All contiguous property of the same ownership.


A private swimming pool constructed of permanent materials at or below ground level.


Any person, association of persons or corporation.


A private swimming pool which is not a permanent private swimming pool.


Includes any swimming or bathing pools or tanks, whether permanently installed, portable or otherwise, constructed or placed on any lot by any person for the use of himself, the members of his family or guests of himself or his family.


No private swimming pool shall be constructed, installed or placed or maintained on any lot except in the following manner:

The distance from any lot line to the nearest inside face of the pool wall shall not be less than five feet.

The distance from any street line to the nearest inside face of the pool shall not be less than the front yard and side yard setback requirements as prescribed in the Zoning Ordinance.[1]


Editor’s Note: See Ch. 131, Zoning.

The pool shall be located in the rear or side yard of the lot as defined in the Zoning Ordinance.[2]


Editor’s Note: See Ch. 131, Zoning.

A dwelling as defined in the Building Code [3] shall have been constructed and shall be occupied as such upon the lot.


Editor’s Note: See Ch. 18, Building Code.

The provisions of this section shall not apply to any existing permanent private swimming pool, but they shall apply to any alteration thereof.

111-14Prohibited location.

No private swimming pool shall be constructed, installed, placed or maintained in the front yard area of any lot as defined in the Zoning Ordinance.[1]


Editor’s Note: See Ch. 131, Zoning.

 111-15Accessory buildings.

All buildings and structures accessory or appurtenant to a private swimming pool shall be subject to the provisions and requirements of the Building Code and the Zoning Ordinance and their several supplements and amendments.[1]


Editor’s Note: See Ch. 22, Construction Codes, Uniform, and Ch. 131, Zoning.

 111-16Enclosure required.

Every permanent private swimming pool shall be enclosed with a fence of durable construction of not less than four feet in height or by a wall of a building or structure. A fence of similar construction and height erected on the lot lines which, with additional fencing of any open areas, will completely enclose the pool area shall be deemed a sufficient enclosure for the purpose of this section. The enclosure shall be provided with one or more substantial gates or doors of at least the height of the fence and the said enclosure and gates or doors thereof shall be so designed and constructed as to reasonably prevent any person from gaining access beneath, through or over the same. Every gate or door of such fence shall be kept securely locked at all times when the pool is not in use.

111-17Lighting regulations.

All outside lights for illumination of a private swimming pool shall be installed and maintained so as to eliminate glare and annoyance to adjoining properties. All such illumination shall be extinguished at 11:00 p.m. or when the pool is not in use.

111-18Private use and ownership.

The maintenance or use of a private swimming pool is hereby restricted to the owners, lessees, sublessees or occupants of the dwelling on the lot on which the pool is situated or to the members of their families and their guests. It shall be unlawful for any such owner, lessee, sublessee or occupant to permit or to extend the privilege of the pool to any person who is required, as a prerequisite to such use, to become a member of any club, association or organization, whether or not such membership is conditioned or dependent upon the payment of any fee, dues, contribution or other consideration.


No person shall construct or alter a permanent private swimming pool without first having obtained a permit from the Building Inspector. The application for a permit and the fee for the same shall be in accordance with the form and amount contained in the Building Code for the construction and alteration of buildings.[1] Upon finding that the proposed pool or alteration of a pool complies with the provisions of this article, the Building Code and the Zoning Ordinance, and upon payment of the fee, the Building Inspector shall issue the permit.


Editor’s Note: For current provisions, see Ch. 22, Construction Codes, Uniform.


If any section, subsection, sentence, clause or phrase of this article is for any reason held to be invalid, such decision shall not affect the remaining portions of this article.

111-21Violations and penalties.

Any person violating any of the provisions of this article shall, upon conviction thereof, pay a fine not exceeding $200 for each offense or be imprisoned in the county jail for a term not exceeding 90 days, or both.

111-22Effective date.

This article shall take effect immediately upon publication according to law.


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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