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Swimming Pool Zoning Laws and Fencing Requirements City of Absecon, Atlantic County

June 11, 2018

Updated as of June 2018

The words, terms or phrases listed below, for the purpose of this chapter, except when the context requires a different meaning, shall be defined as follows:


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


Corporations, companies, associations, societies, firms and partnerships, as well as individuals.


Any above-surface-type pool of more than 75 cubic feet in capacity, not stationary or fixed, and capable of being removed for storage.


Any pool of water having a depth in excess of 18 inches and an area greater than 75 square feet designed, used and maintained for swimming purposes by an individual for use by his household and guests without fees and located on property owned, leased or otherwise used and maintained by the owner of said swimming pool. It shall further mean fill and draw, flow-through and recirculation pools which are artificially constructed to provide recreational facilities for swimming, bathing or wading and all buildings, equipment and appurtenances thereto. It shall not include natural outdoor ponds, rivers or lakes, nor baths used for cleansing of the body or practice of the healing arts.


Any artificially constructed pool intended for use by children, not designed for swimming, with a maximum area of 75 square feet and a maximum depth of 18 inches.

312-2Uniform Construction Code compliance.

[1997 Code § 312-2; Ord. No. 31-97]

The construction of swimming pools shall be in accordance with the Uniform Construction Code of the State of New Jersey.


[1997 Code § 312-3; Ord. No. 31-97]

The fees for the construction of swimming pools shall be the fees as set forth in Chapter 160, Section 160-4 A(2) of the Codes of the City of Absecon.

312-4Location of pool.

[1997 Code § 312-4]

The applicant shall comply with all setback requirements for auxiliary buildings or structures contained in the Zoning Regulations, Chapter 224.


[1997 Code § 312-5]

No artificial lighting shall be maintained or operated in connection with a private swimming pool, wading pool or portable pool in such a manner as to be a nuisance or an annoyance to neighboring properties. Such lighting shall not shine directly upon any abutting property. No unshielded lights shall be permitted. All lighting should be installed in compliance with the National Underwriters’ Code.

312-6Water supply, pipe, pump and filter systems.

[1997 Code § 312-6]

There shall be no physical connection between a potable public or private water supply system and such private swimming pools, wading pools or portable pools below the maximum water line of the pool or to a recirculating or heating system of said pool. The piping system shall be designed to circulate the pool water through filtering equipment. Portable water syphons will not be permitted to drain the aforesaid pools.

312-7Water removal.

[1997 Code § 312-7]

No private swimming pool which is in existence now or constructed, installed or established hereafter shall have a drain which is directly or indirectly connected to the municipal sanitary sewer system, and water therefrom shall not be emptied in any manner whatsoever into any municipal sanitary sewer system, and, furthermore, the manner in which water is removed or disposed of from private swimming pools shall be arranged so as to prevent the flow of water upon the adjoining property. The means and manner of water removal or disposal shall be approved by the Construction Official, who shall determine that the particular means and manner of water removal shall not be a hazard or menace to the health and safety of the general public.

312-8Violations and penalties.


[1997 Code § 312-8]

Any person, firm or corporation violating any provision of this chapter shall, upon conviction thereof by the Municipal Judge, be subject to a fine not exceeding $500 or to imprisonment for a term not exceeding 90 days, or both, in the discretion of the court.


[1997 Code § 312-9]

It shall be the duty of the Construction Official to enforce the provisions of this chapter.


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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