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Swimming Pool Zoning Laws and Fencing Requirements Borough of Wanaque, Passaic County

June 12, 2018

Updated as of June 2018

Article I: Private Swimming Pools


For the purposes of this Article, the terms used herein are defined as follows:


Any above-surface type of swimming pool constructed of canvas, rubber, plastic or other material, not designed or intended to be stationary or permanently fixed but designed and intended to be removed and stored.


Any private pool, whether permanently constructed or of the portable type, having a depth of more than 18 inches below the level of the surrounding land or an above-surface pool having a depth of more than 24 inches and, in each case, a surface area exceeding 100 square feet designed, used and maintained for swimming or bathing purposes by an individual for use by member of his household and guests and located on his land as an accessory use to a residence, including all buildings, structures, equipment and appurtenances thereto.


Any shallow pool not falling within the definition of private swimming pools.

99-2Permit required; compliance with requirements.

No person shall establish, construct or alter a private swimming pool unless he obtains a permit therefor in accordance with this article and complies with the requirements of this article.

99-3Application for permit; submission of plans and specifications.

Application for a permit to construct a private swimming pool shall be made in writing to the Building Inspector.

The applicant shall file with the application three sets of plans, drawn to an acceptable scale, and three sets of specifications which shall meet all the requirements of this article, the Zoning Ordinance, Building code and Plumbing Code.[1]


Editor’s Note: See Ch. 114, Zoning, Ch. 64, Building Specifications, and Ch. 128, Plumbing.

The plans and specifications should include the following:


Dimensions of pool with side and top elevations.


A plot plan showing property lines of the land upon which the proposed pool is to be constructed and all existing houses and structures, cesspools, septic tanks or subsurface sewer disposal systems, distance of the pool from property lines and abutting streets.


A description of the method of disinfection, treatment, filtering and the disposal of pool water and filter backwash water.


Height and type of fence, walls or enclosures as specified in § 99-12 hereof.

99-4Application fee.

The applicant shall pay, upon filing an application for a permit, a fee of $25 to defray the cost of processing the application and of inspecting the site before and after issuance of the permit. The fee shall not be refundable. No fee shall be charged for a portable pool.

99-5Approval of Health Officer; issuance of permit.

The Building Inspector shall forward one set of plans, specifications or other material submitted by the applicant to the Health Officer for approval of disinfection, filtering and disposal of filter backwash water and pool water.

Upon such approval by the Health Officer and upon compliance with the requirements of this Article, the Building Inspector shall issue a permit.

99-6Location restrictions.

No swimming pool shall be constructed or installed nearer to the street line on which the premises front than a line 10 feet to the rear of the building line established by ordinance, or nearer than 10 feet to the rear property line, or nearer than 10 feet to any side property line or, in the case of a corner lot, nearer than 10 feet to the street line.

No private swimming pool or wading pool shall be constructed or installed on any lot which is not part of a residential plot containing a residential building. Pools and appurtenant equipment shall not be permitted in the side yard between dwellings.

The provisions of this section shall not apply to swimming pools of a permanent nature which have been constructed prior to the effective date of this chapter.

99-7Water supply.

No source of water for a private swimming pool, other than that secured from the Municipal Utilities Authority, shall be used unless that source meets and continues to meet the Health Officer’s approval upon testing.


Private swimming pool water recirculation system inlets shall be located to produce, as far as possible, uniform circulation of water throughout the pool without the existence of dead spots and to carry pool bottom deposits to the outlets, and shall discharge at a minimum depth of 10 inches below the pool overflow level

Present swimming pools shall be equipped with suitable facilities for adding makeup water as needed. There shall be no physical connection between the water supply line and the pool system. If the makeup water is added directly to the pool, the outlet shall be at least six inches above the upper rim of the pool.

99-9Discharge drains.

A discharge drain shall be installed at the deepest point of each private swimming pool to permit the pool to be completely drained or emptied. Such drain shall not be over two inches in diameter, of an approved material and extending from the pool to a brook, storm sewer or other facility or location, provided the same is approved by the Borough Engineer. In no case shall a pool drain be connected to a sanitary sewer, nor shall such pool be drained into a street. Pool water shall not be discharged into a storm sewer unless approval is obtained from the Borough Engineer before such discharge.

99-10Disinfection, filtration, recirculation and bacteriological standards.

Each private swimming pool shall be constructed, installed and maintained with equipment necessary for the chlorination or other disinfection, filtration and recirculation of the pool water, to comply with approved bacteriological standards promulgated by regulations issued by the Department of Health or Health Officer of the borough and the State Department of Health.

99-11Electrical and lighting requirements.

No overhead wires carrying electrical current shall cross private pools nor be located within 10 feet of such pools.

All metal fences, enclosures or railings near or adjacent to private swimming pools, which might become electrically alive as a result of contact with broken overhead conductors or from any other cause, shall be effectively grounded.

Lights used to illuminate any private swimming pool shall be arranged and shaded to reflect light away from adjoining premises. No unshielded lights shall be permitted.

Underwater lights may not be used in private swimming pools unless they are of the low voltage type.

99-12Fences, covers, access ladders or steps.

Each private swimming pool of the permanent type, now existing or hereafter constructed, installed, established or maintained, shall be completely enclosed by a permanent fence or wall enclosure of durable material four feet in height. The fence shall not have openings, meshed holes or gaps larger than four inches in any dimension and shall reasonably prevent any person from gaining access beneath the fence. If a picket fence is erected or maintained, the spacing between pickets shall not exceed four inches. A dwelling house or accessory building may be used as part of such enclosure. All fence openings or points of entry into the pool area enclosure shall be equipped with self-closing and self-latching devices placed at the top of the gate and made inaccessible to small children.

Each private swimming pool of the portable type, now existing or hereafter constructed, installed, established or maintained, shall have the entire surface area closed over by a cover when not in use. Such cover shall be constructed of a material of sufficient strength to support 100 pounds at any one point. All covers shall be constructed so as to reasonably prevent access to the pool by any person other than the owner, members of his household and guests.

Any access ladder or steps used with any above-surface swimming pool, whether permanent or portable, shall be removed from the pool when not in use.

99-13Operation and maintenance standards.

Private swimming pools shall be maintained in a clean and sanitary condition. All equipment shall be maintained in a satisfactory operating condition during periods that the pool is in use.

Pools shall be maintained and operated so that the use thereof shall not cause excessive noise which will result in the annoyance, disturbance or discomfort of neighbors.

99-14Enforcement; abatement of nuisances.

The Building Inspector or his representative shall have the overall responsibility for enforcing the provisions of this article. The Health Officer or his representative shall have the particular responsibility for enforcing the requirements of §§ 99-7 to 99-10, both inclusive.

Every private swimming pool in the borough shall at all times comply with the requirements of all state and borough authorities having jurisdiction in the premises.

Any nuisance or hazard to health which may exist or develop in or in consequence of or in connection with any such swimming pool shall forthwith be abated and removed by the person in possession or control of such pool upon receipt of notice from the Building Inspector, Health Officer or other person or persons concerned with law enforcement in the borough.

99-15Violations and penalties.

Any person who violates any provision of this Article shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

99-16Construction of Article.

The provisions of this Article shall apply to all existing or new pools unless otherwise indicated herein.


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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