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Swimming Pool Zoning Laws and Fencing Requirements The Township of Parsippany – Troy Hills, Morris County

June 12, 2018

Updated as of June 2018

Article I: Public Swimming Pools

367-1Short title.

This article shall be known as the “Public Swimming Pool Code.”

367-2Application; purpose.

The provisions of this article shall apply to all public swimming pools as hereinafter defined, including all facilities incident thereto. The purpose of the article shall be to provide a guide for the design, construction, operation and maintenance of such pools so that health and safety hazards will be minimized.


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


Any swimming pool located on private property under the control of the homeowner, the use of which is limited to swimming or bathing by members of his family or their invited guests. The design, construction and operation of such pools are not subject to the provisions of this article.


Any swimming pool, other than a private residential swimming pool, intended to be used collectively by any person defined herein, whether he be owner, lessee, operator, licensee or concessionaire, regardless of whether a fee is charged for such use.


Any structure, basin chamber or tank containing an artificial body of water for swimming, diving or recreational bathing and having a depth of two feet or more at any point.

367-4Submission of plans and specifications.

No person shall begin construction of a public swimming pool or shall substantially alter or reconstruct any public swimming pool without first having submitted plans and specifications to the Health Officer for review and approval. The plans shall be prepared by an architect or engineer licensed to practice by the State of New Jersey. All plans and specifications shall be submitted in duplicate or additional copies as established by the Health Officer, and the Health Officer shall arrange for the review and approval of the plans and specifications by other appropriate departments concerned with such matters as zoning, electrical, structural and plumbing requirements. No permit to construct, alter or renovate shall be issued by the Health Officer until approval is granted by the other departments involved.

The application for a permit to construct or remodel a public swimming pool shall be on such forms as may be prescribed by the Health Officer together with any supporting data as may be required for the proper review of the plans.

The pool and facilities shall be built in accordance with the plans as approved unless approval of changes has been given in writing by the Health Officer. The owner or agent shall notify the Health Officer at specific predetermined stages of construction and at the time of completion of the pool to permit adequate inspection of the pool and related equipment during and after construction. The pool shall not be placed in operation until such inspections show compliance with the requirements of this article.

The criteria to be followed by the Health Officer in the review and approval of plans shall be promulgated as rules and regulations as authorized by this article.

The plans shall be drawn to scale and accompanied by proper specifications so as to permit a comprehensive engineering review of the plans, including the piping and hydraulic details, and shall include:


Plans and sectional views with all necessary dimensions of both the pool and surrounding area.


A piping diagram showing all appurtenances, including treatment facilities in sufficient detail as well as pertinent elevation data, to permit a hydraulic analysis of the system.


The specifications shall contain details on all treatment equipment, including catalog identifications of pumps, chlorinators, chemical feeders, filters, strainers, interceptors and related equipment.

367-5Design, construction and operation features.

Reasonable regulations shall be promulgated by the Health Officer covering design, construction and operation of public swimming pools. No permit to construct, alter or remodel or license to operate shall be granted unless the pool conforms to these regulations.

The regulations shall cover but not be limited to the following items:


Water supply, sewer and waste connections.


Design detail.


Materials of construction.


Walls, markings and slopes.


Overflow, gutters and skimmers.


Inlets and outlets.


Separation zoning and control of users.


Recirculation equipment, piping and appurtenances.


Disinfection and chemical feed equipment.


Bathhouse and appurtenances, including plumbing fixtures.


Ladders, stairs, decks and walkways, diving equipment.


Diving, swimming and bathing areas.


Ventilation, lighting and electrical facilities and connections (safety aspects).


Safety and lifesaving equipment.


Water quality, supervision and cleaning.



367-6Permits to operate

No person shall operate or maintain a public swimming pool unless he has obtained a permit to operate such pool from the Health Officer. Such permits shall be obtained by June 1 of each year and shall be valid for one year unless otherwise revoked for cause.

The Health Officer is authorized to promulgate regulations to cover inspections and other services in connection with the operation and maintenance of public swimming pools for the protection and promotion of public health and safety. The Health Officer shall perform inspections at reasonable hours to insure compliance.

367-7Revocation of permits.

The Health Officer may revoke any permit for failure to comply with the duly promulgated regulations referred to in this article or in cases where the permit has been obtained through nondisclosure, misrepresentation or misstatement of a material fact.

Before a permit is revoked the person to whom the permit has been issued shall have a notice in writing enumerating instances of failure to comply with this article or the regulations. He shall be given an opportunity for appeal to the Township Council regarding the reasonableness of the revocation.

The permit shall be reissued upon proper application and upon presentation of evidence that the deficiencies causing revocation have been corrected.

367-8Health and safety.

No person shall work or be employed at a public swimming pool without first providing the Health Officer with a physician’s certificate that he has no communicable disease. All patrons or swimmers suspected of having an infectious disease shall be excluded.

Appropriate facilities shall be provided for the safety of bathers as may be required by the Health Officer. This shall include lifesaving equipment, safety devices, lifebuoys, life hooks, first aid kits and telephone and adequate staff during swimming periods who are competent in lifesaving and artificial resuscitation. Competent lifeguards shall be on duty during all swimming periods when so ordered by the Health Officer or when a use fee is charged.

Every swimming pool shall be under the supervision of adequate trained personnel who shall assume the responsibility for compliance with all parts of this article relating to pool operation and maintenance and safety of bathers.

When the swimming pool is not open for use, access to the pool shall be prevented.

Instruction regarding emergency calls shall be prominently posted.

Not more than the maximum design bather load shall be permitted in the swimming pool at any one time.


The Health Officer is authorized to conduct such inspections as he deems necessary to insure compliance with this article and shall have right of entry at any reasonable hour to the swimming pool for this purpose.


The operator of each pool shall keep a daily record of information regarding operation, including disinfectant residuals, pH, maintenance procedures and recirculation, together with other data as may be required on forms furnished by the Health Officer. This data shall be kept on file by the operation for six months for review by the Health Officer or shall be submitted periodically to the Health Officer as may be required by the Health Officer

The pumps, filter, disinfectant and chemical feeders and related appurtenances shall be kept in operation at all times the swimming pool is in use and for such additional periods as needed to keep the pool water clear and of satisfactory bacterial quality. Continuous operation of the recirculating system shall be maintained in swimming pools having a capacity of 200,000 gallons or more during seasons of regular use.

367-11Fee for permits.

[Amended by Ord. No. 90:56; Ord. No. 95:8]

The fee for a permit to conduct, operate and maintain a public swimming pool shall be $300 per year.

[Amended 5-15-2012 by Ord. No. 2012:18]

The fee for a permit to construct or substantially alter a public swimming pool shall be $25.

Article II: Private Swimming Pools


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


Any device or a combination of the following devices intended to prevent accidental entry of persons or animals into a pool:

A fence of at least four feet in height of sound material erected in accordance with good trade practice, including a gate with no space between adjacent fence components of more than four inches, including types commonly known as chain link, wood picket, stockade, woven wire, woven wood and snow fence. The fence shall completely surround the pool.

A wall of brick, stone or masonry material dry or masoned at least four feet in height, including a gate. The wall shall completely surround the pool.

A side of a building may be part of a barrier.


The duly appointed construction official of the Township.


Any structure or device located above or below ground, designed, erected, altered or constructed for the purpose of holding water, including swimming or wading pools, fish ponds, garden pools, architectural pools or other pools, including natural pools.

367-13Classification of pools.

All pools for purposes of this article are classified as follows:

Class I. Sunken pool shall mean any pool where normal water level is at or below the grade of adjacent ground level.

Class II. Partly sunken pool shall mean any pool where normal water level is above the grade of adjacent ground level and any part of water is more than one foot below grade of adjacent ground level.

Class III. Aboveground permanent pool shall mean any pool where bottom is less than one foot below the adjacent ground level and pool is constructed of such materials or in such a manner as would reasonably be known as a permanent pool.

Class IV. Aboveground nonpermanent pool shall mean any pool where bottom of pool is less than one foot below adjacent ground level and pool is constructed of such materials or in such manner as would reasonably be known as a nonpermanent pool.

Class V. Wading or other small pools shall mean any pool, portable, permanent or nonpermanent where water is not over one foot in depth and capacity of pool is not over 200 gallons.

Class VI. Natural pool shall mean any lake, pond, brook, stream, river or other body of water existing in its natural state which has not been altered to change its natural size, shape or capacity.

367-14Rules and regulations.

All Class I, II, III and IV pools shall have a barrier as set forth in this article except that where sides of Class II, III and IV pools are four feet or more in height above adjacent ground level and are of non-climbable material, a barrier shall not be required.

Class II, III and IV pool ladders shall be removed or rendered inaccessible for use when a pool is not in operation and no filter, piping or other climbable object shall be placed nearer than three feet to the pool.

In all cases where a barrier is required, gates shall be closed and secured by a self-engaging latch when pool is not in use.

When a barrier is required, property or lien fences meeting the requirements of barriers as set forth in this article shall be deemed barriers.


Any pool more than 250 feet from any public road or 300 feet from any dwelling other than the pool owner’s dwelling and Class V or VI pools are excluded and exempt from the provisions of this article with respect to barriers.


Upon application of a pool owner, the Township Council may make modifications in or eliminate the necessity of a barrier upon a showing of good cause if the protection to the public is not substantially reduced.

367-17Wading pools.

All Class V pools used for wading shall be emptied when not in use.

367-18Permit required.

Any person constructing, erecting or altering a pool in the Township shall first secure a permit from the Construction Official. Application for a pool permit shall be made to the Construction Official on forms provided for that purpose and shall be accompanied by plans showing the location of the pool upon the premises, together with complete specifications showing the details of the construction of the pool. Before the permit shall be issued, the plans and specifications shall be certified by a professional engineer registered in the State of New Jersey or certified by an architect registered in the State of New Jersey, being guided by standard engineering requirements, that the pool will maintain structural integrity when the pool is full of water or when it is empty. Except that in the case of Class IV pools, only the original permit shall be required providing the pool is re-erected in the same location.


Fees for construction shall be as established in Chapter 124, Construction Codes, Uniform, § 124-5, Fees.


All pools except Class V and VI pools now existing in the Township shall be registered with the Construction Official for which registration there shall be no fee charged.

367-21Emptying of pools.

Any pool hereinafter erected must contain suitable and satisfactory means of emptying the pool and for the discharge of the water by overflow. The emptying of the pool must be so arranged that the discharge does not flow upon the property of any other person nor on to any other person nor on any public street or road in the Township.

In no case shall a pool be emptied and water discharged through a pipe, hose or conduit greater than 2 1/2 inches in diameter, and in no case shall water be discharged at a pressure that will cause washout of any portion of any public street or road, including pavement and shoulders.

No pool drain shall be connected directly to the Township sanitary sewer system.


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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