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New Jersey Pool Fences

June 8, 2018

Pool fences are necessary to ensure that the pool area is safe, especially for children and pets, and to legally protect the pool owner.

The average cost for fencing in New Jersey ranges from $11.70 – $15.80 a square foot depending on quality of fencing.

Recommendations for Swimming Pool Fence Shopping

  1. Fencing estimates are typically free, unless for a fencing repair, so try to get at least 3-5 estimates before hiring a contractor
  2. Each and every company has different operation and overhead expenses, expect prices to fluctuate between various companies
  3. You should expect aggressive pricing discounts by waiting for a contractors down season, try to get prices in the late fall or early winter
  4. Difficult configurations, patterns, and additional complexity of the home and landscaping will add to fencing costs, and may require additional budgeting
  5. You can save on average 20% by negotiating a better price with every supplier with the brand of fence you are looking for

Currently within the United States, there is no federal pool fence law. However several states have created their own individual pool fence laws. The national safety council released a report ranking state laws on public pools and water facility regulations, as well as 4-sided residential pool fencing, in 2017. Swimming pool fence restrictions differ all over the country, not only from state to state, but even from town to town. The Building Officials and Code Administrators International, Inc. (BOCA) have set national building codes that jurisdictions and home owners associations can choose to follow the codes completely, partly, or not at all.

The BOCA guidelines are as follows:

Barriers and Fencing for Swimming Pools Section 421.10.1 BOCA National Building Code May 1, 1999 421.10.1

Outdoor Private Swimming Pool: An outdoor private swimming pool, including an in-ground, above ground or on ground pool, hot tub or spa shall be provided with a barrier which shall comply with the following

  1. The top of the barrier shall be at least 48 inches above finished ground level measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between finished ground level and the barrier shall be 2 inches measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above finished ground level, such as an above ground pool, the barrier shall be at finished ground level, such as the pool structure, or shall be mounted on top of the pool structure. Where the barrier is mounted on the pool structure, the opening between the top surface of the pool frame and the bottom of the barrier shall not allow passage of a 4 inch diameter sphere.
  2. Openings in the barrier shall not allow the passage of a 4 inch diameter sphere.
  3. Solid barriers shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.
  4. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1-3/4 inches in width. Decorative cutouts shall not exceed 1-3/4 inches in width.
  5. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches or more, spacing between the vertical members shall not exceed 4 inches. Decorative cutouts shall not exceed 1-3/4 inches in width.
  6. Maximum mesh size for chain link fences shall be a 1-1/4 inch square unless the fence is provided with slats fastened at the top or bottom which reduce the openings to not more than 1-3/4 inches.
  7. Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall be not more than 1-3/4 inches.
  8. Access gates shall comply with the requirements of items 1 through 7 of section 421.10.1, and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outwards away from the pool and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall have a self-latching device. Where the release mechanism of the self-latching device is less than 54 inches from the bottom of the gate: ( a ) the release mechanism shall be located on the pool side of the gate at least 3 inches below the top of the gate; and (b) the gate and barrier shall not have an opening greater than ½ inch within 18 inches of the release mechanism. Tjp/518/99
  9. Where a wall of a dwelling unit serves as part of part of the barrier and contains a door that provides direct access to the pool, one of the following shall apply:

9.1 All doors with direct access to the pool through that wall shall be equipped with an alarm which produces an audible warning when the door and its screen, if present, are opened. The audible warning shall commence not more than 7 seconds after the door and door screen, if present, are opened and shall sound continuously for a minimum of 30 seconds. The alarm shall have a minimum sound pressure rating of 85 Dba at 10 feet and the sound of the alarm shall be distinctive from other household sounds such as smoke alarms, telephones, and doorbells. The alarm shall automatically reset under all conditions. The alarm shall be equipped with manual means, such as touchpads or switches, to deactivate temporarily the alarm for a single opening from either direction. Such deactivation shall last for not more than 15 seconds. The deactivation touchpads or switches shall be located at least 54 inches above the threshold of the door

9.2 All doors with direct access to the pool through that wall shall be equipped with a self-closing and self-latching device with the release mechanism located a minimum of 54 inches above the floor. Swinging doors shall open away from the pool area.

9.3 The pool shall be equipped with a power safety cover. Where in a closed position, the cover shall be capable of holding a weight of 485 pounds, shall not have any openings that allow passage of a 4-1/2 inch sphere and shall incorporate a system to drain standing water that collects on the cover. The cover control switch shall be permanently installed in accordance with NFPA 70 listed in chapter 35, and be key operated and of a spring loaded or momentary contact type. Where the switch is released, the operation of the cover shall stop instantly and be capable of reversing direction immediately. The switch shall be in the line of sight of the complete pool cover

  1. Where an above ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a fixed or removable ladder or steps, the ladder or steps shall be surrounded by a barrier which meets the requirements of items 1 through 9 of section 421.

10.1. A removable ladder shall not constitute an acceptable alternative to enclosure requirements. 421.

10.2 Indoor private swimming pool: All walls surrounding an indoor private swimming pool shall comply with section 421.10.1, item 9. 421.

10.3 Prohibited locations: Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers. 421.

10.4 Temporary enclosures: A temporary enclosure shall be installed in accordance section 3304.2 prior to the commencement of the installation of any in-ground swimming pool. Exception: Where a permanent enclosure is provided prior to excavation. Tjp/5/18/99

In other words BOCA strict requirements are

  1. Barrier must be at least 48 inches high
  2. Spacing between pickets must be less than 4 inches
  3. You must have less than 4 inches from the bottom of the panel/gate and the surface level (ground)
  4. Gates must be self-closing and self-locking
  5. All gates must have a locking device with a release system 54 inches above the ground
  6. There must be 45 inches of free vertical space between the bottom rail and next rail up

The international Code Council (I.C.C.) outlined strong safety standards for swimming pool fences. In an effort to eliminate or reduce the accidental drowning of the children, these standards have been recognized by many communities throughout the world. Certain states are stricter with their laws, and the most populated states with pools have special statutes in place that discuss all pool fencing types including frameless glass railings. In 2006, a reported 283 children under the age of five drowned in swimming pools in the United States.

ICC 2015 International Swimming Pool and Spa Code

Section AG105 – Barrier Requirements

AG105.1 – Application. The provisions of this chapter shall control the design of barriers for residential swimming pools, spas, and hot tubs subject to this code. These design controls are intended to provide protection against potential drownings and near drownings by restricting access to swimming pools, hot tubs, and spas.

AG105.2 – Outdoor Swimming Pool. An outdoor swimming pool, including an in-ground, above ground, or on ground pool, hot tub, or spa shall be surrounded by a barrier that complies with the following:

  1. The top of the barrier shall be at least 48 inches (1219mm) above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be 2 inches (51mm) measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade, such as an above ground pool, the barrier may be at ground level, such as the pool structure, or mounted on the top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches (102mm).
  2. Openings in the barrier shall not allow passage of a 4 inch diameter (102mm) sphere.
  3. Solid barriers which do not have openings, such as masonry or stone wall, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.
  4. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches (1143mm) the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1 and 3/4 inches (44mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1 and 3/4 inches (44mm) in width.
  5. Maximum mesh size for chain link fences shall be a 2 and 1/4 inches (57mm) square unless the fence has slats fastened to the at the top or bottom which reduces the openings to not more than 1 and 3/4 inches (44mm).
  6. Where the barrier is composed of diagonal members such as lattice fence, the maximum opening formed by the diagonal members shall not be more than 1 and 3/4 inches (44mm)
  7. Access gates shall comply with the requirements of section AG105.2, items 1 through 7, and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outward away from the pool and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall have a self-latching device. Where the release mechanism of the self—latching device is located less than 54 inches (1372mm) from the bottom of the gate, the release mechanism and openings shall comply with the following
    • The release mechanism shall be located on the pool side of the gate at least 3 inches (76mm) below the top of the gate; and
    • The gate and barrier shall have no opening larger than 1/2 inch (13mm) within 18 inches (457mm) of the release mechanism.
  8. Where an above ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps;
    • The ladder or steps shall be surrounded by a barrier which meets the requirements of section AG105.2 items 1 through 8.

AG105.3. Indoor Swimming Pool. Walls surrounding an indoor swimming pool shall comply with section AG105.2 item 8.

AG105.4. Prohibited Locations. Barriers shall be located to prohibit permanent structures, equipment, or similar objects from being used to climb them.

AG105.5. Barrier Exceptions. Spas or hot tubs with a safety cover that complies with ASTM F 1346, as listed in section AG107, shall be exempt from the provisions of this appendix.

In other words ICC guidelines are:

The codes, which encompass both fences and other barriers like stone/masonry walls, define the minimum safety requirements for a barrier around a swimming pool, spa, or hot tub.  The intent of the codes is to reduce the likelihood of drowning and injury by effectively restricting access; particularly unsupervised access by children. Below is a short summary of the most relevant codes.

  1. Installed pool fences should be at least 48” high from finished ground level, as measured along the outside of the fence and should have no more than a 2” gap from the bottom of the fence to the ground .
  2. The fence should block anything more than 4” in diameter from passing through one of its openings.
  3. The fence or barrier must not be climbable. If made of stone or brick (i.e. a brick wall), it should not have protrusions or indentations other than normal construction tolerances and tooled masonry joints. It must also be positioned far enough away from permanent structures so that they do not provide climbing assistance.
  4. Pedestrian Pool fence gates must be self-closing, must open outwards from the pool, and must have a self-latching/locking device. Gates that are not meant for pedestrian use must have a self-latching device.

The following code applies to chain link pool fences:

Chain link fences should have a mesh no larger than 2 1/4 inches unless the fence is provided with privacy slats fastened at the top or bottom which reduce the opening to 1 3/4″ or less.

The following code applies to fences with diagonal members such as lattice pool fences:

Lattice type fences should have no opening more than 1 3/4 inches between diagonals.

An Important Note Regarding Pool Safety: A pool fence is an important line of defense against accidental drownings, but it is not the only step that can/should be taken.  Visit the Consumer Product Safety Commission for some excellent resources regarding swimming pool safety.

ICC Code Compliant Pool Fences: Make sure that any fence also meets your local codes by calling or visiting your local building department. The Good news is that most fence manufacturers have pre-fabricated fence panel styles that meet ICC Codes (and often, but not always, local codes).  All you have to do is install the fence according to the manufacturer’s instructions and choose code compliant hinges and latches for your gates.

New Jersey State Legislation about Residential Swimming Pools and Pool Fencing are as follows:

SYNOPSIS

Establishes “William’s Law,” pertaining to pool safety.

CURRENT VERSION OF TEXT

As introduced.

AN ACT concerning swimming pool safety and supplementing P.L.1975, c.217 (C.52:27D-119 et seq.).

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

This act shall be known and may be cited as “William’s Law.”

The Legislature hereby finds and declares that:

  1. According to the United States Consumer Product Safety Commission, an estimated 350 children under five years of age drown each year in swimming pools, many in residentially-owned pools;

2. These statistics make drowning one of the nation’s leading causes of death to children under five;

  1. The Foundation for Aquatic Injury Prevention estimates that 5,000 children 14 years of age and under are hospitalized due to near-drownings each year.  Fifteen percent of children admitted for near-drowning die in the hospital, and as many as 20 percent of near-drowning survivors suffer severe, permanent neurological disability;
  2. The American Academy of Pediatrics states that children can drown in as little as an inch or two of water;
  3. In addition to warning parents that teaching a child how to swim does not mean the child is safe in water, the academy urges those supervising children to stay within an arm’s length of them while in the water, because of the rapid speed at which drownings can occur;
  4. According to California’s Orange County Fire Authority, 65 percent of preschooler pool drownings occur in the child’s home pool and 33 percent at the homes of friends, neighbors or relatives;
  5. The fire authority’s statistics on preschooler drownings further indicate that 70 percent are in the care of one of both parents at the time of the drowning and 75 percent are missing from sight for five minutes or less.  Most children who drowned or nearly drowned were last seen in the house or away from the pool or spa; and
  6. An estimate offered by the fire authority predicts that the widespread use of pool fencing would prevent 50 to 90 percent of pediatric pool drownings and near-drownings.
  7. As used in this act, “swimming pool” means any structure intended for swimming and for the purposes of this act, shall include  any affixed structure or contained body of water eighteen inches or more in depth at any point and wider than eight feet  at any point.  This shall include, but not be limited to, swimming pools, hot tubs, non-portable spas, home ponds, and fountains.
  8. A swimming pool shall be entirely enclosed by a wall, fence, or other barrier meeting the following specifications:
  9. The wall, fence, or barrier shall have a minimum vertical height of five feet, as measured on the side farthest from the swimming pool;
  10. Any openings in the wall, fence, or barrier shall be of a size so that a spherical object four inches in diameter cannot pass through;
  11. If the wall, fence, or barrier has horizontal components, they shall be:

(1)  Spaced a minimum of 45 inches apart, measured vertically; or

(2)  Placed on the side of the wall, fence, or barrier closest to the swimming pool.  In such a case, the wall, fence, or barrier shall not have any openings greater than one and three-quarter inches, measured horizontally;

  1. In the case of wire mesh or chain link fences, the mesh size shall be a maximum of one and three-quarter inches, measured horizontally;
  2. The wall, fence, or barrier shall not contain any openings, handholds, or footholds accessible from the exterior side of the enclosure than can be used to climb the structure; and
  3. The wall, fence, or barrier shall be at least 20 inches from the edge of the water.
  4. Any gate in the wall, fence, or barrier required pursuant to section 4 of P.L., c. (C.) (Pending before the Legislature as this bill) shall open outward from the swimming pool and be self-closing and self-latching. In addition, the gate shall either:
  5. Be secured by a padlock or similar device which requires a key, electric opener, or integral combination; or
  6. Have its latch located:

(1)  A minimum of 54 inches above the underlying ground; or

(2)  On the side of the gate closest to the swimming pool, with a release mechanism a minimum of five inches below the top of the gate. A gate meeting these specifications shall not have any opening greater than one-half inch within 24 inches of the release mechanism.

  1. If a residence or living area constitutes part of the wall, fence, or barrier required pursuant to section 4 of P.L., c. (C.) (pending before the Legislature as this bill), the owner may elect one of the following in lieu of meeting all the specifications outlined in sections 4 and 5 of P.L., c. (C.) (pending before the Legislature as this bill):
  2. A wall, fence, or barrier between the swimming pool and the residence or living area, that has a minimum vertical height of four feet, as measured on the side farthest from the swimming pool and meets all the specifications outlined in subsections b. through f. of section 4 and all of section 5 of P.L., c. (C.) (pending before the Legislature as this bill);
  3. A motorized safety pool cover which requires the operation of a key switch and meets all applicable standards set by the American Society of Testing and Materials.  The safety pool cover shall not require any manual operation other than the use of the key switch;
  4. (1) all ground level doors or other doors with direct access to the swimming pool shall be self-closing and self-latching.  In addition, the door shall either:

(a)  Be secured by a padlock or similar device which requires a key, electric opener, or integral combination; or

(b)  Have its latch located:

  1. (i)  A minimum of 54 inches above the underlying ground; or

(ii)  On the side of the gate closest to the swimming pool, with a release mechanism a minimum of five inches below the top of the door.  A door meeting these specifications shall not have any opening greater than one-half inch within 24 inches of the release mechanism; and

(2)  Emergency escape or rescue windows from sleeping rooms with access to the swimming pool shall be equipped with a latching device not less than 54 inches above the floor.  All other openable windows with similar access shall have:

(a)  A wire mesh screen screwed in place so as to prevent its removal;

(b)  A keyed lock that prevents opening the window more than four inches; or

(c)  A latching device located a minimum of 54 inches above the floor.

This act shall not apply to:

  1. A system of sumps, irrigation canals, or irrigation, flood control or drainage works constructed or operated for the purpose of storing, delivering, distributing, or conveying water; or
  2. Stock ponds, storage tanks, livestock operations, livestock watering troughs, or other structures used in normal agricultural practices.
  3. An above-ground swimming pool which meets the following specifications:

(1) The exterior sides shall be non-climbable and have a minimum vertical height of four feet; and

(2) Any access ladder or steps shall be removable without tools, and secured in an inaccessible position when the pool is not in use by a latching device a minimum of 54 inches above the ground.

  1. Nothing herein shall be construed to prohibit the enforcement of any existing county or municipal laws, rules, or regulations pertaining to swimming pool safety or the enclosure of swimming pools, provided they are not less stringent than the provisions of this act.
  2. Notwithstanding any other law to the contrary, a person who violates the provisions of this act commits a petty disorderly persons offense, except that no penalty shall be imposed if the person has subsequently enclosed, or made a good faith effort to enclose, the swimming pool, in compliance with the requirements of this act, within 45 days of citation.
  3. The Commissioner of Community Affairs shall provide an educational awareness campaign informing the public about their rights and responsibilities under this act.
  4. This act shall take effect on the first day of the fourth month following enactment, except that a swimming pool constructed or erected prior to the effective date of this act shall not be required to be in compliance with the provisions of this act until the first day of the 28th month following enactment, but the Commissioner of Community Affairs may take such anticipatory administrative action in advance as shall be necessary for the timely implementation of this act.

STATEMENT

Drowning is one of the nation’s leading causes of death to children under five.  The statistics are staggering:

  • An estimated 350 children under five years of age drown each year in swimming pools;
  • 5,000 children 14 years of age and under are hospitalized due to near‑drownings each year;
  • Fifteen percent of children admitted for near-drowning die in the hospital;
  • as many as 20 percent of near‑drowning survivors suffer severe, permanent neurological disability;
  • 65 percent of preschooler pool drownings occur in the child’s home pool and 33 percent at the homes of friends, neighbors or relatives; and
  • 70 percent of preschoolers who drown are in the care of one of both parents at the time of the drowning and 75 percent are missing from sight for five minutes or less.

Children can drown in just a few minutes and in as little as an inch or two of water.  Given that most children who drowned or nearly drowned were last seen in the house or away from the pool or spa, estimates predict that the widespread use of pool fencing would prevent 50 to 90 percent of pediatric pool drownings and near-drownings.

In light of these facts, this bill would require swimming pools to be entirely enclosed by a wall, fence, or other barrier.  A “swimming pool” is defined as “any structure intended for swimming and for the purposes of this bill includes any affixed structure or contained body of water eighteen inches or more in depth at any point and wider than eight feet  at any point.  This includes, but is not limited to, swimming pools, hot tubs, non-portable spas, home ponds, and fountains.”  The bill outlines specifications for the fences and any gates they may have.  In addition, the bill would allow owners limited flexibility if a residence or living area constitutes part of the wall, fence, or barrier, and outlines the requirements for acceptable alternatives in this case.

The bill specifies that it does not apply to certain water storage or delivery systems or structures used in normal agricultural practices.  It also specifies that more stringent existing county or municipal laws, rules, or regulations pertaining to swimming pool safety or the enclosure of swimming pools would still be enforceable.

Under the bill, violations would be a petty disorderly person’s offense.  Such offences are punishable by up to 30 days imprisonment, a fine of up to $500 or both.  However, the bill would provide for an exception to the penalty if the person has enclosed, or made a good faith effort to enclose, the swimming pool within 45 days of their citation.

The bill would also require the Commissioner of Community Affairs to provide an educational awareness campaign informing the public about their rights and responsibilities under this act.

Establishes “William’s Law,” pertaining to pool safety.

 

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 www.bycarls.com or call 732-504-3372.

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