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Swimming Pool Zoning Laws and Fencing Requirements Township of Mooresetown, Burlington County

June 12, 2018

Updated as of June 2018


[Amended 2-12-1996 by Ord. No. 1776-96]

The following words and terms shall, for the purposes of this chapter and as used elsewhere in this code, have the meanings shown herein.



See definition of private swimming pool.


A fence, a wall, a building wall or a combination thereof which completely surrounds the swimming pool and obstructs access to the swimming pool.


See definition of private swimming pool.


See definition of private swimming pool.


Any structure that contains water over 24 inches (610 millimeters) in depth and which is used, or intended to be used, for swimming or recreational bathing in connection with an occupancy in Use Group R-3 and which is available only to the family and guests of the householder. This includes in-ground, aboveground and on-ground swimming pools, hot tubs and spas.


Any private swimming pool that is totally contained within a private structure and surrounded on all four sides by walls of said structure.


Any private swimming pool that is not an indoor pool.


Any swimming pool other than a private swimming pool.


See definition of private swimming pool.

161-2Filing of statement of registration.

Every person who now or hereafter owns, maintains or operates a pool shall file with the Department of Buildings and Inspections a statement of registration in such form as the Construction Official shall prescribe, reporting the existence, location, ownership, dimensions and use of such pool.

161-3Fencing requirements; means of access.

Swimming and bathing pools shall conform to the requirements that are outlined in the BOCA National Building Code as adopted by the State of New Jersey Department of Community Affairs. This code shall automatically be revised and amended without further action by the Township Council upon the promulgation of amendments or revision by the State of New Jersey Department of Community Affairs or its successor.

[Amended 2-12-1996 by Ord. No. 1776-96]

B.[1] However, at the effective date of this chapter, any pool, all sides of which extend to a height of four feet or greater above grade, shall be deemed to satisfy the provisions of this section if said pool complies with the requirements of Subsection A.

[Amended 2-12-1996 by Ord. No. 1776-96]


Editor’s Note: Former Subsection B, outlining the restrictions for pool ladders and stairs, was repealed 2-12-1996 by Ord. No. 1776-96. This ordinance also provided for the relettering of former Subsections D and E as B and C, respectively.

C.[2] Every pool, except aboveground pools and portable pools, shall at all times during construction be fully surrounded by such temporary fence as shall be approved by the Construction Code Officer. Permanent fencing, installed in compliance with § 161-3A, shall be in place within 10 days following completion of construction of the pool, but in every case before said pool is for the first time filled with water.

[Added 5-14-1990 by Ord. No. 1521-90]


Editor’s Note: Former Subsection C, requiring portable pools to be covered when not in use, was repealed 2-12-1996 by Ord. No. 1776-96.

 161-4Registration time limits.

In the case of an existing pool, the registration required under § 161-2 shall be so filed and the terms and provisions set forth in § 161-3 shall be complied with not later than July 1, 1971.

In the case of a pool hereafter constructed, maintained or operated, the registration required under § 161-2 shall be so filed simultaneously with the filing of an application for a building permit for the construction of the same. The terms and provisions of § 161-4 shall be complied with within 10 days following completion of construction of the pool, but in every case before said pool is for the first time filled with water.

161-5Responsibility of owners or operators.

Every person who owns, operates or maintains a pool shall be responsible for accomplishing all things required by §§ 161-3 and 161-4 of this chapter.

161-6Access by officials for purposes of inspection.

The Construction Official or other authorized representative of the Township may at all reasonable times inspect all pools within the Township, and every person who owns, operates or maintains a pool shall permit said Inspector or representative access and inspection at such times.[1]


Editor’s Note: Former § 161-7, Violations and penalties, as amended, which section immediately followed this section, was repealed 3-20-2006 by Ord. No. 5-2006. See now Ch. 66, Penalties for Code Violations.


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


Includes fill-and-draw, flow-through and recirculation pools, outdoor and indoor, which are artificially constructed to provide recreational facilities for swimming, bathing or wading and all buildings, equipment and appurtenances thereto. It shall not include natural outdoor ponds, rivers or lakes nor baths used for cleansing of the body or practice of the healing arts. It shall not include swimming or wading pools established or maintained upon any premises by any individual for his own or his family’s use or guests of his household.

214-2Adoption of standards by reference.

All that certain code entitled “Swimming Pool Code of New Jersey (1955),” approved May 9, 1955, by the Department of Health of the State of New Jersey, be and the same is hereby adopted and established in and for said Township of Moorestown by reference to said code, pursuant to the N.J.S.A. 26:3-69.1 to 26:3-69.6. A copy of said code, annexed hereto, be and the same is hereby made a part of this chapter without setting forth at length herein the text of said code.

214-3Copies on file. [1]

Three copies of said code have been placed on file in the office of the Township Clerk of said Township upon the introduction of this chapter, and said copies shall remain on file therein for the use and examination of the public as long as this chapter shall be in effect.


Editor’s Note: Amended at time of adoption of Code; see Ch. 185, General Provisions, Board of Health, Art. I.

 214-4Permits; fees.

[Amended 2-13-1984 by Ord. No. 1196]

No person shall locate, construct or establish or alter or operate any swimming pool, as defined in said code, unless and until a permit therefor shall have been issued by said Board of Health, and the following fees, respectively, shall be payable to said Board upon the filing of applications for issuance of such permits:

For the issuance of a permit to locate, construct or establish a swimming pool: a sum equal to $5.00,  for each $1,000 of estimated cost of construction and equipment.

For the issuance of a permit to alter a swimming pool: a sum equal to $5 for each $1,000 of estimated cost of alteration and equipment.

For the issuance or renewal of a permit to operate a swimming pool: the sum of $10.

214-5Duration of license.

Every permit issued for the operation of a swimming pool shall expire on the 31st day of December of the year of issue, and an application for the renewal of such permit for the next following year shall be submitted and the required fee paid 30 days prior to the beginning of the year for which the renewal permit is desired.

214-6Denial or suspension of permits.

Permits required by this chapter or said code may be denied or suspended by the said Board of Health in the event of the failure of the applicant to comply with this chapter or said code; provided, however, that before any such denial or suspension of permit, said Board of Health shall afford the applicant for or the holder of such permit an opportunity to be heard at a public hearing.

214-7Violations and penalties. [1]

Any person who violates or neglects or refuses to comply with any provision of this chapter or said code hereby established shall, upon conviction thereof, be liable to a penalty of not less than $2 nor more than $500 for each violation; and each day that a particular violation continues shall constitute a separate offense.


Editor’s Note: Amended at time of adoption of Code; see Ch. 185, General Provisions, Board of Health, Art. 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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