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Swimming Pool Zoning Laws and Fencing Requirements Toms River Township, Ocean County

June 11, 2018

Updated as of June 2018

Types of pools.

[Amended 2-22-1995 by Ord. No. 3084-95]


Private swimming pool: any structure which has the capacity to contain water over 24 inches in depth and which is used or intended to be used for swimming or recreational bathing in connection with a single-family residential dwelling and which is available only to the family and guests of the householder. This includes in-ground, aboveground and on-ground swimming pools as well as hot tubs and spas.


Public swimming pool: any swimming pool, spa or hot tub which does not meet the definition of private swimming pool.

Lighting. All lighting fixtures for a private swimming pool shall be installed so as to comply with all applicable safety regulations and shall be shielded so as to prevent any direct beam of light from shining on any adjoining property.

Electric lines. No overhead electric lines shall be carried across any swimming pool or wading area.

Noise. No activities shall be conducted at any private swimming pool which shall cause undue noise or constitute a nuisance to any neighbor.

Building permit. When an application is made for a permit to construct and locate a private swimming pool, the applicant shall show an approval from the Board of Health of the Township of Toms River as to the suitability and adequacy of design, materials and construction or construction specifications of said pool, including all accessory equipment, apparatus and appurtenances thereto. The application for a private swimming pool building permit shall identify the building lot, the location of the residence, location of swimming pool, all accessory equipment and apparatus, type of pool, all basic dimensions, location of steps, diving stands, boards and location and detail specification of enclosure and gate on the lot.

Outdoor swimming pools shall be located behind the front building setback line and, with the exception of hot tubs and spas containing less than 501 gallons, at least eight feet from any building or railing required on an elevated deck. Elevated decks that adjoin aboveground pools shall be exempt from this setback requirement. Hot tubs and spas containing less than 501 gallons may be located not less than three feet from any building, property line, handrail, unenclosed porch and deck edge.

[Amended 9-25-1991 by Ord. No. 2859-91; 5-13-1992 by Ord. No. 2911-92; 7-8-1997 by Ord. No. 3270-97; 12-23-2013 by Ord. No. 4422-13]

*Pump location. The pump of a filtration or pumping station of a private swimming pool shall be located not less than 10 feet from any side or rear property line.[1]

[Amended 9-25-1991 by Ord. No. 2859-91]


Editor’s Note: For an explanation of the asterisk (*), see the definition of “variance” in § 348-2.3.

Drainage. Private pools situated or extended above ground level and less than 50 feet from an abutting property shall be surrounded by a suitable drainage system leading to a street or brook so as to be able to carry away all the water in the pool in the case of a break.


[Amended 9-26-1978 by Ord. No. 1784; 9-25-1991 by Ord. No. 2859-91]


Permanent underground pools shall be surrounded entirely by a fence, with no openings greater than a two-inch square, and shall be capable of holding a live load of 250 pounds between posts located not more than eight feet apart; however, side(s) of the residence may serve as part of the enclosure. The fence shall be located not less than six feet from the closest edge of the pool. Fences shall be at least four feet high, and, if made of wire, they must be of the chain-link type. All supporting structures shall be on the inside of the fence, and the top of such support shall be at least one inch lower than the top of the fence.


Permanent aboveground pools constructed with an attached fence being at least four feet in height above ground level and capable of holding a live load of 250 pounds between posts located not more than eight feet apart need no additional fencing.


Temporary aboveground pools, when not in use, must be emptied or covered with a suitable protective covering, securely fastened or locked in place unless enclosed by a fence meeting the requirements for a permanent underground pool.


Editor’s Note: For an explanation of the asterisk (*), see the definition of “variance” in § 348-2.3.

Gate. Any opening or openings in the fence to afford entry to the pool shall be equipped with a gate similar to the fence and shall extend from not more than two inches above the ground to the height of the fence. The gate shall be of a self-closing type, opening outwardly only, and shall be equipped with a lock and key or padlock and chain and shall be kept locked, except when the pool is in use.


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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