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Swimming Pool Zoning Laws and Fencing Requirements Borough of Spotswood, Middlesex County

June 11, 2018

Updated as of June 2018


For the purposes of this chapter, words and phrases used shall have the meanings defined below.


Includes building or installing a new swimming pool or enlarging an existing swimming pool or any of its facilities.


Any pool formed from a natural body of water of such an inadequate flow that the quantity or quality of the water must be maintained by artificial means and which is capable of being filled to a water depth in excess of 18 inches and is designed and maintained for swimming purposes and used as an accessory to a residence by the persons living therein and their guests.


Any above-surface-type of swimming, bathing or wading pool with a side depth in excess of 18 inches, not designed or intended to be stationary or permanently fixed to the premises and capable of being removed for storage.


Any permanently installed or portable outdoor swimming pool with a side depth in excess of 18 inches designed and maintained for swimming purposes and used as an accessory to a residence by the persons living therein and their guests, without fee or charge. Unless otherwise qualified, the term “private swimming pool” shall be construed as including both artificial and partly natural pools capable of being filled to a water depth in excess of 18 inches.


Includes fill and draw, flow-through and recirculation pools outdoor or indoor which are artificially constructed to provide recreational facilities for swimming, bathing or wading and all buildings, equipment and appurtenances thereto.

182-2Pools constructed before August 14, 1967

Registration. All permanently installed private swimming pools constructed prior to August 14, 1967, shall be registered with the Building Inspector within 60 days after August 14, 1967. Registration forms and whatever supplementary information as may be required shall be filed in duplicate.

Exemptions. Permanently installed private swimming pools constructed prior to August 14, 1967, shall be exempt from the following provisions of this chapter unless enlargement of facilities is sought:


Section 182-3 pertaining to application permits for new construction.


Section 182-4 pertaining to location of pools.


Permit required. No private swimming pool shall hereafter be constructed, installed or maintained without having first obtained a permit therefor in the manner hereinafter described from the Building Inspector.

Application. Application for the construction and/or installation of a private swimming pool shall be made in writing in duplicate to the Building Inspector, by the owner of the property upon which such pool is to be constructed, installed or maintained or by the contractor who will construct or install said pool. The application shall be accompanied by a duplicate set of plans, specifications and plot plans of the property. Such final plans, specifications and reports shall include:


Dimensions of the pool.


Water volume.


Location of pool with particular regard to minimum distances to side lines of plot and other buildings on the site.


A description of the method of lighting said pool, if any.


A description of the fencing of said pool.


Any other information deemed necessary by the Building Inspector.

Issuance. Upon compliance with all provisions of this chapter and approval of the final plans and specifications, together with the data contained herein and upon payment of fees as hereinafter specified, a permit will be issued for the location and construction requested.

182-4Location requirements.

A private swimming pool is a structure and an accessory building and must be planned to comply with the provisions of Chapter 120, Land Development, applicable thereto; but no private swimming pool shall be constructed or installed nearer than five feet from any property line constructed on a lot or plot unless there is a residence thereon; and no property shall be subdivided if the result will be that the pool will be separated in ownership from the residence property to which it was originally attached.

182-5Portable swimming pools.

Permit required. No person shall install a portable private swimming pool without having first obtained a permit from the Building Inspector.

Information required for application. All applications for permits shall be filed in duplicate on such form or forms as may be required by the Building Inspector. In addition to such other information as may be required by the Building Inspector, the application shall include a clear description of the enclosure or fence required in § 182-7, describing the type of material to be used, the height and the number of gates or doors.

182-6Waterproofing and cleaning.

Private swimming pools shall be constructed and installed to be waterproof and readily cleaned. Sand or earth bottoms shall not be permitted. Bottoms and sides shall be white or a light color, but no aluminum paint may be used as a finish.

182-7Fencing requirements.

Specifications. Every person who owns or is in possession of any premises on which there is situated a swimming pool, wading pool or any outside body of water created by artificial means herein referred to as a pool any portion of which is in excess of 18 inches in depth shall install and maintain on the lot or premises, and completely surrounding such pool or body of water, a permanent fence of durable material at least four feet in height and not exceeding six feet in height which shall be so constructed as not to have openings, mesh, holes or gaps larger than four square inches in any dimension except for doors and gates, and if a picket fence is erected or maintained, the horizontal dimension shall not exceed four inches.

All doors or gates used in conjunction with the fence shall meet the same specifications as the fence itself and shall be of such size as to completely fill any opening in the fence. All doors or gates shall be equipped with self-closing and self-latching devices and shall be kept closed and securely latched at all times when the pool is not in use.

Exceptions. Nothing in this section shall apply to pools having sides extending four feet or more above grade, provided that the stairs or other means of access to the pool are removed when not in use or are effectively closed with a gate as provided above, which shall be closed and securely latched when such pool is not in use. All other aboveground pools greater than 18 inches in depth, unless enclosed by a fence of the type and dimensions hereinabove specified, shall be either:


Emptied when not in use or unattended.


Covered with a suitable strong, protective covering, securely fastened or locked in place when not in use or attended.

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

182-8Drainage and backwash water disposal.

Provision shall be made for drainage of the pool and for backwash water disposal. No nuisance shall be created by virtue of disposal of such wastewater from any pool.

182-9Electrical services.

All electrical services for pool operation shall be installed according to the Electrical Code of the National Underwriters Association current at the time of said pool construction and shall be shielded from the direct view of neighboring properties.


The Building Inspector and the members of the Police Department shall have access to and be permitted to inspect the licensed premises for violation of this chapter at all reasonable hours without interference.


Registration fee. A fee as set forth in § 91-7 of Chapter 91, Fees, shall be paid to the Borough on each application for registration of existing swimming pools.

Permit fee. A fee, as provided in § 91-5 of Chapter 91, Fees, of this Code, shall be paid to the Borough on application for a permit for the construction or installation of any type of swimming pool mentioned in this chapter.

Renewal fee. All permits or registrations shall be valid for a period of three years from the date of issuance, after which they shall be renewed annually on application accompanied by the fee set forth in § 91-5 of Chapter 91, Fees.


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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