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Swimming Pool Zoning Laws and Fencing Requirements Township of Little Falls, Passaic County

June 11, 2018

Updated as of June 2018

231-1Permit required.

No person shall construct, maintain or operate within the Township any private, open, permanently installed swimming pool except in accordance with the provisions of this chapter.

231-2Application for permit.

An application for a permit to construct a private, permanent swimming pool shall be made to the Construction Official and shall include final plans, specifications and reports as may be required including the following:


Detailed plot plan of the entire property showing existing buildings and proposed pool drawn to scale, with pertinent dimensions and grade elevations shown in figures at pool, building and property lines. The plot plan shall be signed by the owner or his agent or a duly licensed engineer or registered architect or land surveyor of New Jersey.


Pool layout, construction and dimensions including piping arrangement pumps and all other pool appurtenances.


Details of disposal facilities for filtering wastewater and provisions for emptying of pool.

Specifications for construction of the pool shall accompany all detailed plans and final reports.

231-3Issuance of permit.

Upon compliance with all provisions of this chapter and upon approval by the Construction Official of the final plans, specifications and reports together with the data contained therein, a permit shall be issued for the location and construction so requested upon payment of a fee as required by the Building Code of the Township.[1]


Editor’s Note: See Ch. 46, Construction Codes, Uniform.

 231-4Location and construction requirements.

An open, permanent type of swimming pool shall not be located and constructed or altered by any person until a building permit for the pool shall be issued by the Construction Official and shall be subject to the following provisions:

Conformity with zoning. A swimming pool is a structure to be constructed in accordance with the terms of Chapter 280, Zoning of the Code of the Township.

Fence required; exceptions. The exposed sides of a permanently installed swimming pools shall be completely enclosed by a fence of not less than 36 inches in height of durable construction with openings of no greater than six inches and having at least one gate. The type of proposed fence must be included in the application for the permit as provided in § 231-2. The gate or gates shall remain securely locked at all times when the pool is not being used. Nothing herein contained shall apply to permanently installed pools built above ground level to a height of at least 36 inches.

Use of pool. Use of the pool is for a single private family and the owner’s social guest.

Permanent construction required. The pool must be of permanent-type construction. Uncovered sand or earth bottoms shall not be permitted.

Drainage. The immediate area surrounding the pool shall be designed to slope away from the pool so that all surface water will drain away from the pool.

Ladder required. From any nonpermanent installed pool needing a ladder for the use thereof, the ladder shall be removed when the pool is not in use.

Bathhouse. A bathhouse is not required. Any such construction including screened enclosure must conform to accessory building construction as defined and governed by Chapter 280, Zoning.

Floodlights. No floodlight or lights shall be maintained in such a manner that the source of light is visible from a public street or neighboring property.

Covering. The governing body recommends that at all times when a portable pool is not in use, the pool be covered by a cover of either canvas, plastic, rubber or other similar material permanently secured to the sides of the pool.

231-5Registration; inspection.

All permanently installed swimming pools and portable swimming pools shall be registered with the Township Clerk without fee, and the Police Department shall be authorized to make periodic inspections of the location of the pools and to enforce the terms of this chapter. The Health Officers of the Township may inspect the pool area periodically at reasonable times. [1]


Editor’s Note: Original Section 23-3.2, Use of Surface Streams or Brooks Prohibited for Bathing, and Section 23-3.3, Discharge of Collected Rain Water, which immediately followed this section, were deleted at time of adoption of adoption of Code (see Ch. 1, General Provisions, Art. II).

 231-6Nonapplicability to wading pools.

Nothing herein shall apply to a wading pool and all pools below the height of 12 inches shall be considered wading pools.

231-7Violations and penalties.

Any person violating the provisions of this chapter shall, upon conviction, be liable to the penalty stated in Chapter 1, General Provisions, Article I.


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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