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Swimming Pool Zoning Laws and Fencing Requirements Township of Freehold, Monmouth County

June 11, 2018

Updated as of June 2018


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


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 100 cubic feet capacity of permanent construction, and all equipment and appurtenances thereto, used by any person for swimming or bathing.


Any above-surface-type pool of more than 100 cubic feet capacity, not stationary or fixed and capable of being removed for storage.


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

305-2Permit required.

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 Building Inspector by the owner of the property. The application shall be accompanied by two sets of sketch plats showing location of the pool with relation to the boundary lines of the premises and adjacent structures situated thereon and showing all existing or proposed fences and their height. The application shall also be accompanied by two sets of plans and general specifications for the proposed private swimming pool or wading pool and auxiliary structures and appurtenances, setting forth the size and capacity of the pool and the extent of filtration, the water supply arrangement and materials to be used, and also setting forth the location, height and aperture dimensions of the fence to be erected, together with the gate.

305-3Approval of sketch plat, plans and specifications.

No permit for a private swimming pool or wading pool shall be issued by the Building Inspector until the sketch plat, plans and specifications have been approved by the Township Engineer and the approval properly certified on the plans.

305-4Permit fees.

The fees to be charged for a permit for construction of a private swimming pool or wading pool shall be as provided in Chapter 150, Fees. No permit shall be issued until the fee is paid.


All materials used in the construction of private swimming pools or wading pools shall be waterproof and so designed and constructed as to facilitate emptying and cleaning, and shall be maintained and operated in such a manner as to be clean and sanitary at all times. 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.

305-6Accessory buildings.

Any accessory buildings that are to be constructed must comply with that portion of Chapter 190, Land Use, pertaining to accessory buildings. Locker rooms, bathhouses, cabanas, shower rooms, toilets, runways and all other physical facilities or equipment incident to the operation of any private swimming pool or wading pool, shall be kept in a sanitary condition at all times.

305-7Order to close pool.

All 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.

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 users, the Health Officer is authorized to close the pool and keep it closed until no further hazard to users exists, subject to right of appeal to the Board of Health by the owner of the pool. No appeal, however, shall stay the action of the Health Officer.

305-8Discharge system.

All private swimming pools, wading pools or portable pools with a water depth of more than one foot shall be provided with the necessary equipment to completely pump out or empty the pool or shall be emptied by providing one drainage outlet, to be installed at the lowest point of the pool, not in excess of three inches in diameter extending from the pool to a storm sewer, lawn sprinkling system, adequate dry well or sand filtering pit on the premises on which the private pool, wading pool or portable pool is located. The discharge of water from such pools into a storm sewer shall be permitted only where the capacity is adequate as determined by the Township Engineer. No private 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 discharging waters shall in no case cause or create a nuisance to the abutting property or to the public.

305-9Disinfecting agents. 

Chlorine-gas-bearing compounds in solution shall be required as disinfecting agents for swimming pools, wading pools or portable pools. The use of ozone, ultra violet light or any other method wherein a residual cannot be determined is prohibited.

305-10Location. [1]

The location of private swimming pools shall be as provided in § 190-115 of Chapter 190, Land Use, of the Code of the Township of Freehold.


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 by a permanent fence of durable material at least four feet in height but no more than six feet in height and shall be so constructed as not to have openings, mesh, holes or gaps larger than four square 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 the fence shall meet the same specifications as the fence itself and shall be equipped with approved locking devices and be locked at all times when the private swimming pool is not in use.


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. Lighting shall not shine directly upon any abutting property. No unshielded lights shall be permitted.

No artificial underwater lighting shall be permitted in any private swimming pool, wading pool or portable pool unless the installation has first been inspected and approved by the electrical inspector of the Middle Department Association of Fire Underwriters.

305-13Hours of operation.

It shall be unlawful for any pool to be operated or used between the hours of 12:00 midnight and 6:00 a.m.


Every private swimming pool, wading pool or portable pool constructed, installed, established or maintained in the Township shall at all times comply with the requirements of the Board of Health. Any nuisance or hazard to health which may exist or develop in or in consequence of or in connection with the private 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 Building Inspector or Health Officer of the Township.

It shall be the duty of the Building Inspector and Health Officer to enforce the provisions of this chapter.

The owner or operator of any pool within the Township shall allow the Building Inspector and the Health Officer, or any authority or official, access at all reasonable times to any private 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 Township ordinances.

305-15Violations and penalties.

Violations of the provisions of this chapter shall be punishable as provided in Chapter 1, and Article II, General Penalty.


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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