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Swimming Pool Zoning Laws and Fencing Requirements Township of Livingston, Essex County

June 11, 2018

Updated as of June 2018

Article I: Public Swimming Pools

[Adopted 11-5-1979 as §§ 26-1 to 26-9.1 of the 1979 Revised General Ordinances]


[Amended by Ord. No. 15-1995]

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


That certain code approved by the State Department of Health for adoption by reference by local authorities in accordance with law, being a code setting reasonable sanitary and safety regulations for public recreational bathing places, preserving and improving the public health and prescribing penalties for violations.

279-2Adoption of standards by reference.

[Amended by Ord. No. 15-1995]

Pursuant to and in accordance with the Public Health and Sanitation Codes Adoption by Reference Act (N.J.S.A. 26:3-69.1 to 26:3-69.6) and N.J.S.A. 26:1A-9, there is hereby adopted the whole of Public Recreational Bathing Code (N.J.A.C. 8:26-1 et seq.). A printed copy of said code was annexed to and incorporated by reference in the ordinance adopting said code and is hereby incorporated in this article by reference and made a part hereof as fully as though it had been set forth at length herein.

In accordance with law, the required number of copies of the Public Recreational Bathing Code have been placed on file in the office of the Township Clerk and in the office of the Division of Health and shall remain on file in said offices for the use and examination of the public so long as this article shall remain in effect.

279-3Hearing on denials or suspensions.

[Amended by Ord. No. 15-1995; Ord. No. 41-1997]

Persons whose licenses have been suspended shall be afforded a hearing before the Health Officer within three days after such suspension or thereafter at such person’s option to show cause why the suspension should be lifted. The Health Officer shall, within seven days after such hearing, render a written decision confirming or rescinding the suspension and shall notify the person whose license has been suspended, in writing, of his action and reasons therefor.

Persons whose licenses have been denied shall be afforded a hearing before the Health Officer within seven days after such hearing, render a written decision confirming or rescinding the denial of a license and shall notify the person whose license has been denied, in writing, of his action and reasons therefor.

279-4License to operate swimming pool; fee; expiration.

[Amended by Ord. No. 25-1981]

All applications for a license to operate a swimming pool within the Township or for the renewal of any such license shall be accompanied with the sum of $250 payable to the Township as a license fee. All licenses issued pursuant hereto and said code shall expire on the 31st day of December of the year in which such license was issued.

279-5Hours of operation.

No person holding a license issued by the Township for the operation of a public swimming pool shall permit or cause to suffer to be permitted any swimming in such swimming pool nor any other activity, entertainment or function at or in the licensed premises, except during the following hours:


Daily, except Saturdays, from 9:00 a.m. to 9:00 p.m.


On Saturdays, from 9:00 a.m. to 1:00 a.m. on the Sunday following.


The foregoing regulations relating to opening and closing hours shall not apply to any activity or function that is conducted in a fully enclosed building or structure.

Special permission may, on application, be granted by the Council for the premises on which a public swimming pool is located, other than the swimming pool itself, under such conditions as the Council shall consider necessary or appropriate, to remain open on any day other than Saturday between the hours of 9:00 p.m. and 12:00 midnight for a specific purpose or function on a specified date. The application for such special permission shall be made in writing and filed with the Township Clerk at least 30 days in advance of such specific date. Such application shall state in detail the reason for the request. The Council may deny such application if, in its judgment, the granting thereof will be detrimental to the health, welfare or safety of the inhabitants of the Township or those residing in the vicinity of the licensed premises.

279-6Regulated conduct; nuisance.

Peddling or canvassing. No licensee shall permit or cause or suffer to be permitted at any time any hawking, peddling, soliciting or canvassing on the licensed premises.

Amplifying equipment. No loudspeaker or public address system nor any other manual, mechanical or electronic means or device for amplifying sound shall at any time be used or permitted to be used upon the licensed premises so as to be heard out of doors, except for intermittent announcements or instructions made or given only for the safety of persons using such swimming pool during the permitted hours of swimming therein.

Noise. Any loud, unnecessary, annoying, offensive, undesirable or raucous noise which disturbs the public peace, emitted by or emanating from any licensed swimming pool premises is hereby declared to be a nuisance and detrimental to the public health and is hereby prohibited.


The Township Manager or any person duly designated and authorized by him or any police officer shall at all times have the right to visit and inspect any licensed swimming pool premises for the purposes of ascertaining whether the provisions of this article are being complied with.

279-8Revocation of license.

[Amended by Ord. No. 41-1997; Ord. No. 38-1999]

The Health Officer or a registered environmentalist health specialist, after notice and hearing, may revoke any license for any public swimming pool in the event of a violation of any of the provisions of this article.

279-9Plan review.

[Added by Ord. No. 38-1999]

When a public swimming pool is constructed, altered or renovated, plans, specifications and reports shall be submitted to the Division of Health for review and approval before construction, alteration or conversion is begun.

The Division of Health shall review these plans and will respond accordingly within 30 days of the date of submission.

There shall be a plan review fee of $50 payable to the Township of Livingston for any construction or alteration of a public swimming pool.

This fee shall be in addition to any other fees required by the Township of Livingston or the State of New Jersey.

279-10Violations and penalties.

Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $500, or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.


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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