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Swimming Pool Zoning Laws and Fencing Requirements East Windsor Township, Mercer County

June 11, 2018

Updated as of June 2018

As used in this article, the following terms shall have the meaning indicated:


Any manufactured, artificially constructed or developed swimming pool or swimming pond, excluding reservoirs or ponds used by farmers as part of their irrigation system, which has a depth in excess of 18 inches at any point and is permanently or temporarily established or maintained upon any premises by any individual for such individual, such individual’s family or such individual’s guests.

162-13Construction permits.

Permit required. No private swimming pool shall hereafter be constructed, installed or altered without the property owner having first obtained a permit in the manner hereinafter provided.

Application for permit. An application for such a permit shall be made to the Construction Official. The application shall include:


Two sets of plans and specifications or descriptive brochures.


Two plot plans drawn to scale, showing the entire lot upon which said pool is proposed to be constructed, developed, installed or altered and showing the area within 300 feet of the proposed pool site. The plot plan shall also include the size, shape, depth and location of the pool; the type, height and location of the fence; the distance of the pool from property lines and from all other structures on said lot or adjacent area; and the location of the septic system and any electrical installation within 15 feet of a pool edge or above any part of the pool.


A description of the water inlet system.


A description of the method of disinfection (refer to § 162-18B and C), treatment and disposal (refer to § 162-18H) of the water to be used.

162-14Forwarding of application to Health Officer.

The application will be forwarded by the Construction Official to the Health Officer, who, within 14 days after receipt of the application, shall take one of the following actions:

Approve the application and so indicate to the Construction Official.

Approve the application subject to additional sanitary safeguards deemed necessary for the safeguard of public health, and so indicate to the Construction Official.

Reject the application and indicate the reasons therefor to the Construction Official.

162-15Processing approved applications.

Upon receipt of an approved application from the Health Officer, the Construction Official will examine the application for conformity to existing building codes and this article. The Construction Official will issue a permit upon payment of applicable fees.


Before the pool is put into use, the Construction Official and Health Officer will make an inspection and assure compliance with the structure and health requirements. The building permit shall then be endorsed as a use permit.


The following fees for permits shall apply: same as for building permits.[1]


Editor’s Note: See Ch. 82, Fees.

 162-18Construction and equipment requirements; distance restriction; fencing.

No provision of this article shall mitigate any provision of the Building Code that is applicable to swimming pools.[1]


Editor’s Note: See Ch. 63, Construction Codes, Uniform.

The construction of any swimming pool (portable or permanent) shall follow the design and safety precautions of good building practice. All pools shall be designed and constructed so as to facilitate emptying and cleaning and shall be maintained and operated in such manner as to be clean and sanitary at all times.

All permanent swimming pools shall be so constructed, developed, installed and maintained as to provide necessary equipment for chlorination and other disinfection and filtration. The filtration system shall have sufficient capacity to complete the recirculation of pool water in 18 hours or less.

Swimming pools will not be located over or within 20 feet horizontally from any septic disposal field or within 10 feet horizontally of a septic tank or D-box. No property will be subdivided if the result will be that a swimming pool will be separated in ownership from an adjoining residence.[2]


Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

All private swimming pools now existing or hereafter constructed, installed, established or maintained shall be enclosed with a substantial fence and gate that comply with the minimum requirements listed below:


There shall be a fence at least four feet in height of such nature and construction so as to reasonably preclude the easy entrance of children to the pool area.


All gates shall be the self-latching type and equipped with a suitable locking device. Where the entire yard or premises whereon the pool is situated is enclosed with fencing and gates of the above specifications, this may be considered proper enclosure of the pool area.


An above-the-ground pool having a sidewall height of at least four feet above finished ground level is exempt from the above fencing requirement, provided that access to the pool is by means of a removable or retractable ladder. A retractable ladder shall be equipped with a key-operated locking device which will secure the ladder in the retractable position when not in use.


An above-the-ground pool of sidewall height less than four feet above finished ground level may be exempt from the above fencing requirements, provided that a suitable strong protective covering is placed over the pool and adequately secured whenever the pool is unattended or not in use; and provided, further, that the above provisions with regard to ladders are also adhered to where applicable.


Small wading pools which are emptied when not in use are exempt from these fencing requirements.


No part of said fence shall be nearer than five feet to the pool, except this distance shall not be applicable to the aboveground, prefabricated type of pool which has an integral fence attached. The fence shall be constructed in such a way that no person may gain access to the pool beneath or through the fence.

No electrical switches, outlets or appliances and no electrical wiring not in well-grounded shielding conduit shall be within a 10 foot radius of any point of the pool’s edge or surface as measured in any direction. No electrical installation shall be so constructed or located that, in the event that it should collapse or fall, it would fall into the pool. The circulating pumps, motors, lights, filtration equipment and all other electrical equipment used in conjunction with a swimming pool shall be electrically supplied through an underwriter’s approved ground fault circuit breaker. Such breaker will be mounted within the main service panel within the building on which Public Service has mounted its meter. Ground fault breakers designed to plug into existing wall receptacles will not be approved for pool use. All electrical equipment other than described above which is within 10 feet of any part of the pool or its deck area that may be wetted by pool activity will be installed as to comply with the National Electrical Code, 1978, and as thereafter adopted by the State of New Jersey.

There shall be no physical connection between a potable water system and a pool. The water supply system for a pool shall be in compliance with the National Standard Plumbing Code, 1978, and as thereafter adopted annually by the State of New Jersey.

Preferably, the discharge should empty into a storm sewer, stream or dry well of adequate capacity. In no case shall the pool water be discharged into a public sanitary sewer or on the ground within 50 feet of a well or within 25 feet of an adjacent property, pool or residence.

162-19Operation and maintenance; artificial lighting.

All artificial lighting of the pool area shall be shielded from direct view of neighboring properties or roads.

162-20Violations and penalties. [1]

Penalties for violation of this article shall be as provided in Chapter 1, General Provisions, Article II, Penalty, § 1-3.


Editor’s Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III).


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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