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

June 12, 2018

Updated as of June 2018

130-50.3Private swimming pools.

[Added 4-18-2012 by Ord. No. 7-2012]

Private swimming pools in all zones and districts shall be subject to the following requirements:

When applying for a building permit to construct a private swimming pool, the applicant must show approval from the Borough of Sea Bright Board of Health as to the suitability and adequacy of design, materials, and construction inclusive of all accessory equipment.

An outdoor private swimming pool shall not be located less than eight feet from the side or rear of the primary structure nor closer than 10 feet to any property line.

The pool filter/pumping station must not be located less than 10 feet from any side or rear property line.

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

Permanent under- and aboveground pools shall be surrounded entirely by an unclimbable 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 primary structure 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. The fence must conform to all Borough ordinances.

The yard setback requirements for the zoning district in which the property is located are applicable to the footprint of the external edge of the pool structure and improvement structures associated with the pool, including, but not limited to, walkways, aprons, patios, platforms or decks adjacent to or associated with the pool or walkways; provided, however, fencing around the pool is not subject to the structural setback requirements.


The Borough of Sea Bright hereby establishes a swimming pool code adopted pursuant to N.J.S.A. 26:3-69 to 26:3-69.6 and N.J.S.A. 26:3-92 and 26:3-93. A copy of the code is annexed hereto and made a part hereof.


Said code hereby established and adopted by this chapter is commonly known as the “Swimming Pool Code of New Jersey.”

185-3Copies on file.

Three copies of the said “Swimming Pool Code of New Jersey” have been placed on file in the Office of the Health Officer and Secretary of this Regional Health Commission and the Borough Clerk and will remain on file there.


No person shall operate a swimming pool until licenses therefore shall have been issued by the Borough of Sea Bright.


The following fees and charges are herewith established:

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

185-6Expiration of license; renewal.

Licenses issued for the operation of a swimming pool shall expire annually May 31 of each year and application for renewal thereof shall be submitted, together with the required fee, prior to June 30 of each year.

185-7Right of entry.

The borough, its members, agents or employees, including but not limited to its Health Officer, shall have the right of entry, at any reasonable hour, into and upon any public or private building or premises for the purpose of enforcing the provisions of the code and of this chapter, or determining whether such provisions or the rules and regulations of this Regional Commission are being complied with and obeyed. No person shall oppose such entry or hinder or interfere with the borough, the Regional Health Commissioner or any of its members, agents or employees or the Health Officer, all as aforesaid, in the performance of their duties.

185-8Denial or suspension of license.

Licenses required by this chapter or code may be denied or suspended by the borough for failure to comply with this chapter or code. Also, this chapter may be enforced by and in the name of the borough or the Regional Health Commission by proceedings instituted and prosecuted in a court having jurisdiction of such proceedings in the region.

185-9Violations and penalties.

Any person who violates any provision of this chapter or code established and adopted herein shall, upon conviction thereof, be liable to a penalty of not less than $5 nor more than $500 for each violation. Each day a particular violation continues shall constitute a separate offense. Upon refusal or neglect, upon and after conviction, to pay the amount of said penalty or fine, the person so convicted shall be subject to be committed to the county jail for a period not exceeding 90 days, all in the discretion of the Municipal Court Judge or other officer before whom the complaint shall be brought.

185-10Imposition of greater penalty.

In the event that any violation of this code shall also be a violation of a New Jersey State law for which a greater penalty is provided than that contained in the aforesaid code and this chapter, the Municipal Court Judge shall, in his discretion, have the right to impose in the place and in lieu of any penalty provided for herein that which is so provided for in the New Jersey State law which has been so violated.

185-11Acts unlawful and prohibited.

Every act in the code or this chapter designated as being unlawful is hereby prohibited and every act herein expressly prohibited is hereby designated as being unlawful.

185-12Hotels, motels, campgrounds, etc.

Pursuant to P.L. 1989, c. 140, certain hotels, motels, campgrounds, mobile home parks and retirement communities having seasonal swimming pools of 2,000 square feet or less were temporarily exempted from the mandatory life guard requirements of N.J.S.A. 26:4A-1 et seq.[1] and all of the provisions of P.L. 1989, c. 140, are incorporated herein without restating the full text thereof.


Editor’s Note: N.J.S.A. 26:4A-1 through 26:4A-3 was repealed by P.L. 1991, c. 135. See now N.J.S.A. 26:4A-5.

As provided by P.L. 1989, c. 140, a hotel, motel, campground, mobile home park or retirement community not voluntarily complying with the lifeguard requisites of N.J.A.C. 26:4A-1 et seq. and N.J.A.C. 8:26-5 shall post a sign not less than three feet by four feet which shall be prominently displayed at the entrance of each swimming area stating: “This swimming pool is not required by law to have a lifeguard on duty. Persons under the age of 16 must be accompanied by an adult. Swim at your own risk. This pool shall be closed when the owner or manager is not on the premises”. This notice shall also be posted on a sign not less than eight inches by 10 inches at the registration desk of each hotel, motel or campground and in each room used for occupancy by guests.

185-13Common interest communities.

Pursuant to P.L. 1989, c. 138, certain common interest communities, including townhouses, condominiums and cooperatives, as defined by law, were temporarily exempted from the mandatory lifeguard requirements of N.J.S.A. 26:4A-1,[1] and all the provisions of P.L. 1989, c. 138, are incorporated herein without restating the full text thereof.


Editor’s Note: N.J.S.A. 26:4A-1 was repealed by P.L. 1991, c. 135. See now N.J.S.A. 26:4A-5.

Any private interest community which does not voluntarily comply with the public recreational bathing regulations pertaining to waterfront safety shall post a sign which shall be permanently displayed stating: “This bathing place is not subject to the State Waterfront Safety Regulations requiring the presence of lifesaving personnel or equipment.”


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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