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

June 12, 2018

Updated as of June 2018


A facility constructed above or below the ground, having a depth of more than two feet and/or water surface of 100 square feet or more, and designed and maintained for swimming purposes.

12-5.18Swimming pools.

No private swimming pool shall be installed on any lot unless said lot shall contain a residence and said pool shall be accessory to the residence and meet the setback requirements for accessory buildings in the district in which it is located, except that if the pool is located in the front yard, the pool shall be set back at least the same distance from the street line as required for the principal building. There shall be no minimum distance requirement between the pool and principal building.

In accordance with the requirements of the most current edition of State Building Code, an outdoor private swimming pool, including an in-ground, above ground or on-ground pool, hot tub or spa shall be provided with a barrier (i.e., a fence, a wall, a building wall or a combination thereof which completely surrounds the swimming pool and obstructs access to the swimming pool).

No commercial swimming pool shall be constructed or installed unless approved by the Board as part of a site plan approval. All swimming pools, spas, whirlpools and hot tubs shall be classified into types in accordance with their particular use and shall meet the appropriate design standards as set forth by the National Swimming Pool Institute, the New Jersey Uniform Construction Code, or the Swimming Pool Code of New Jersey, latest edition, whichever is more stringent.


 8-6.1Fence required.

Every outdoor swimming pool with a depth of water in excess of 18 inches, the exterior walls of which are less than four feet in height, and man-made irrigation ponds or holes shall be completely surrounded by a fence or wall not less than four feet in height, which shall be so constructed as not to have openings, holes or gaps larger than four 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. A dwelling house or accessory building may be used as part of such enclosure.

8-6.2Gates or doors.

All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.

8-6.3Door locked or adult supervision required.

At all times if an adult person is not actually present and within the enclosure of such fence, the door shall be securely locked with a padlock or other comparable lock and the key removed and kept in the possession of an adult.

8-6.4Aboveground pool; ladder removed.

Any outdoor pool, the walls of which extend for at least four feet vertically above ground level, shall have no ladder or other similar means of access to the pool left at the pool or left outdoors at any time that an adult is not personally present at the pool.

8-6.5Intent: adult supervision required.

This section shall be interpreted so as to give effect to its intent, which is to make sure that no child or minor person shall be able to enter the pool while an adult person is not actually present at the pool.

8-6.6Responsibility for observance.

The person owning the land or leasing the land or otherwise in possession thereof shall be responsible for observance of the provisions of this section.


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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