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Swimming Pool Zoning Laws and Fencing Requirements City of Burlington, Burlington County

June 11, 2018

Updated as of June 2018


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


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


Any private swimming pool of more than one-hundred-cubic-foot capacity and of permanent construction, with all equipment and appurtenances thereto, used by any person for swimming or bathing.


Any above surface type pool more than one-hundred-cubic-foot capacity, not stationary or fixed, and capable of being removed for storage.


A permanently constructed pool not designated or used for swimming, with a maximum area of 100 square feet and a maximum water depth of 12 inches.


Application and application contents.


Application for a permit to construct, establish or maintain or to alter, remodel or add to a permanent private swimming pool or permanent wading pool shall be made to the Construction Official by the owner of the property.


The application shall be accompanied by two sets of plot plans showing property lines of the premises, all existing houses and structures thereon and the location and dimensions of the proposed private swimming pool or wading pool and its auxiliary structures and all existing fences or walls and the height thereof, and two sets of plans and specifications for the proposed private swimming pool or wading pool and all auxiliary structures and appurtenances related thereto and the location, height and aperture dimensions of the fence to be erected, together with the self-closing gate and its locking devices.

Issuance of permit. No permit for a private swimming pool or wading pool shall be issued by the Construction Official until the plans, specifications and plot plans have been submitted.

Permit fees. The fees for construction of a private swimming pool or wading pool shall be governed by the fees established in the Uniform Construction Code[1] for the cost of construction.


Editor’s Note: See Ch. 125, Construction Codes, Uniform.


A private swimming pool, wading pool or portable swimming pool over three feet in depth and/or two-thousand-gallon capacity shall not be constructed or installed within eight feet of any side wall or rear wall line nor shall such pool be constructed or installed in the front yard of the property. The exact location of any of the above pools shall be approved by the Construction Official in conformity with the ordinances pertaining thereto. In the case of a corner lot, a pool shall not be constructed any closer to the side street line than the prevailing setback line on that street, or the required setback line for front yards, as set forth in Chapter 207, Article VII, Zoning, of the Code of the City of Burlington.

A private swimming pool or wading pool shall not be constructed or installed on any premises unless a residence building is also located on the premises or unless the premises are part of a residence curtilage.

311-4Permitted size.

No private swimming pool or wading pool and its accessory buildings shall cover more than 50% of the rear yard of the lot involved. The rear yard designated shall be as defined in Chapter 207, Article VII, Zoning.

311-5Construction and maintenance

All materials used in the construction of private swimming pools or wading pools shall be waterproof and designed and constructed to facilitate emptying and cleaning. All pools shall be maintained and operated in such manner as to be clean and sanitary at all times and to prevent the existence or presence of any water in which mosquito larvae may mature and grow or exist. Inlets of the treated water shall be so located and spaced as to secure satisfactory dispersion of the water throughout the pool and to permit draining, cleaning and disinfecting of the bottom and sides. Sand or earth bottoms shall not be used.

Any pool cover must be maintained in a way to prevent the collection of stagnant rainwater.

311-6Accessory buildings.

Any accessory buildings that are to be constructed shall comply with that portion of Chapter 207, Article VII, Zoning, pertaining to accessory buildings, locker rooms, bath houses, cabanas, shower rooms, toilets, runways and all other physical facilities or equipment incident to the operation of any private swimming pool or wading pool and shall be kept in a sanitary condition at all times.


All private swimming pools shall be enclosed by a permanent fence of durable material at least four feet in height and shall be so constructed as not to have openings, mesh, holes or gaps larger than four 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 gates used in conjunction with a fence shall meet the same specifications as the fence itself and shall be equipped with approved locking devices which shall be self-closing. Fences shall be locked at all times when the private swimming pool is not in use.

All portable pools, unless enclosed by a fence of the type and dimensions hereinabove specified, shall be either emptied or covered with a suitable, strong protective covering securely fastened or locked in place when not in use or unattended.


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 dwellings. No unshielded lights shall be permitted. All wiring shall be approved by the Board of Fire Underwriters.

311-9Plumbing facilities.

The installation, repair and control of plumbing facilities shall comply with the plumbing and sanitary codes of the City when connected to City facilities.

All circulating units shall have sufficient capacity to recirculate the entire contents of the pool within 24 hours or less. Any pools not equipped with facilities for the recirculation and reuse of the pool water shall be subject to closure by order of the Board of Health during any period of emergency water shortage, if connected to the City water system.

311-10Discharge system.

All private swimming pools, wading pools or portable pools with a water depth of more than one foot, hereafter constructed or installed within the City, shall be provided with equipment necessary to completely pump out or empty the pool or a drainage outlet installed at the lowest point of the pool. The drainage outlet shall not be larger than three inches in diameter extending from the pool to a storm sewer, lawn sprinkling system, adequate dry well or filtering pit on the premises on which the pool, wading pool or portable pool is located. The discharge of water from such pools into a storm sewer shall be permitted where the capacity is adequate as determined by the City Engineer.

No pool drain, wading pool drain or portable pool drain shall be connected into the sanitary sewer system. Pool water may not be discharged at the curb or upon the surface of any street. The discharge of such waters shall in no case cause or create a nuisance to the abutting property or to the public.

311-11Bacteriological standards.

Bacteriological standards shall comply with at least the minimum standards as set forth by the local Board of Health and the State of New Jersey.


Every private swimming pool, wading pool or portable pool over three feet in depth and/or two-thousand-gallon content constructed, installed, established or maintained in the City shall be registered by the owners with the Board of Health within 10 days after first use or operation of the pool.


[Amended by Ord. No. 11-2000]

Enforcing agent. The Construction Official and/or his designee and the County Health Department shall enforce the provisions of this chapter.

Compliance with ordinances; abatement of nuisances. Every private swimming pool, wading pool or portable pool constructed, installed, established or maintained in the City shall at all times comply with the requirements of the local Board of Health. Any nuisance or hazard to health which may exist or develop in consequence of, or in connection with, any such swimming pool, wading pool or portable pool shall be forthwith abated and removed by the owner, lessee or occupant of the premises on which the pool is located, upon receipt of notice from the Construction Official or Health Officer.

Inspection. The owner or operator of any pool within the City shall allow the Construction Official and Health Officer, or other authorized official, access to any swimming pool, wading pool or portable pool, and appurtenances thereto, for the purpose of inspection to ascertain compliance with this chapter and all other pertinent City ordinances at all reasonable times after a complaint is registered.

Pool closure. Whenever any pool, by reason of mechanical defects or failure to comply with the requirements of this chapter, is a hazard to the health of the users thereof, the Health Officer is authorized to summarily close such pool and keep such pool closed until no further hazard to uses of the same exists, subject to the right of appeal to the Board of Health by the owner of such pool. An appeal, however, shall not stay the action of the Health Officer.

311-14Violations and penalties.

The penalty for a violation shall be assessed in accordance with the general penalty provisions of Chapter 1, Article III, General Penalty, of this Code.


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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