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Swimming Pool Zoning Laws and Fencing Requirements Township of Jefferson, Morris County

June 11, 2018

Updated as of June 2018


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


Includes any other type of private swimming pool.


Any person, persons, firm, partnership, corporation or organization of any kind.[1]


Includes any artificial or semiartificial container or receptacle for the containment of water, having an inside depth at any point greater than 18 inches, located outdoors, and used or intended to be used for swimming or bathing by the owner or lessee of the property on which it is situate, or by the family or guests of such owner or lessee, as an accessory use to a residence.


Editor’s Note: The definition of “portable private swimming pool,” which previously followed this definition, was repealed 11-6-1991 by Ord. No. 28-91.

 443-2Building permit and certificate of occupancy required.

[Amended 11-6-1991 by Ord. No. 28-91; 2-16-2005 by Ord. No. 4-05]

No person shall hereafter install, construct or erect any permanent private swimming pool, as defined in this chapter, until he shall have obtained a building permit issued by the Construction Official in the same form and manner as in the case of any other structure or accessory use. Prior to the use of any permanent pool erected pursuant to this chapter, a certificate of occupancy shall be obtained from the Construction Official.[1]


Editor’s Note: Former § 115-3, Fees, which previously followed this section, was repealed 11-6-1991 by Ord. No. 28-91.

 443-3Conformity with other requirements.

[Amended 11-6-1991 by Ord. No. 28-91; 9-1-2004 by Ord. No. 28-04]

Any private swimming pool, as defined in this chapter, shall comply with the detached accessory building requirements of Chapter 490, Zoning, § 490-29I, with the Building Code and with the state laws and the rules, regulations and requirements of the State Department of Health and Senior Services.


Every private swimming pool, as defined in this chapter, shall be completely surrounded by a fence or wall of not less than four feet in height above ground level, which shall be so constructed that it shall not have openings, holes or gaps larger than four inches in any dimension except for doors and gates. A dwelling house or accessory building may be used as part of such enclosure.

[Amended 9-1-2004 by Ord. No. 28-04]

All gates or doors opening through such enclosure shall be equipped with a self-latching device for keeping the gate or door securely closed at all times when not in actual use.

Said enclosure and any gate or door thereof shall be so designed and constructed as to reasonably prevent any person from gaining access under the same to the pool and shall be kept securely locked at all times when the pool is not in use.[1]


Editor’s Note: Former Subsection D, dealing with the covering of a private swimming pool and which immediately followed this subsection, was repealed 11-6-1991 by Ord. No. 28-91.


Lights used above the surface of the water to illuminate any private swimming pool shall be so arranged and shielded that the light will be reflected away from adjoining premises, and such lighting units shall be of no greater intensity and of no greater number than necessary for safety purposes.

443-6Noise restrictions.

No sound or amplifying system shall be used in connection with said pool, and in connection with the use of any such pool there shall be created no loud noises which are abnormal to the surrounding neighborhood.


[Amended 8-4-1969 by Ord. No. 249-A; 2-16-2005 by Ord. No. 4-05]

The Construction Official and the Health Officer of the Township of Jefferson shall have the authority to inspect and reinspect the premises upon which any private swimming pool exists and to advise and make complaints for any violation hereunder.

443-8Violations and penalties; additional remedies.

A violation of any provision of this chapter shall subject the violator, in the event of conviction, to a fine of not less than $25 nor more than $200, and upon a conviction subsequent to a first conviction for said violation, the owner or person in control of the premises where a swimming pool exists, as to which the violation was committed, may be ordered by the Municipal Court Judge, within 60 days, to remove and dismantle such swimming pool, and to order any hole caused thereby to be filled in and the ground leveled over said filling. Upon conviction, the Municipal Court Judge shall set a reasonable time in which the violation must be remedied, and, in the event that a remedy is not effected, each day after that during which the violation is permitted to exist or continue or occur shall constitute a separate violation thereof.


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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