Freehold, NJ Fence Regulations: Pool Barriers (2026)

New Jersey pool barrier requirements are set by the NJ Uniform Construction Code (N.J.A.C. 5:23-3.14), which adopts the International Swimming Pool and Spa Code (ISPSC) 2018 with NJ amendments. Minimum barrier height: 48 inches per state code; most Monmouth municipalities require 60 inches (Middletown §525-67, Howell §188-155, Long Branch §345-61, Freehold Township §190-84, Marlboro §220-92). Gates must be self-closing, self-latching, with latch at least 54 inches above grade (48 if outside-keyed). Fence openings must not allow a 4-inch sphere to pass (1.75 inches for chain link). House walls can serve as part of the barrier if all doors/windows providing access have alarms meeting UL 2017 or self-closing/self-latching mechanisms. Above-ground pools with sides 48 inches or higher may satisfy barrier requirements if ladders are removable and locked when not in use. Hot tubs and spas with locking safety covers meeting ASTM F1346 may be exempt from separate barriers. Permits required for all in-ground pools and above-ground pools deeper than 24 inches under N.J.A.C. 5:23. Inspections: barrier inspection required before pool is filled; re-inspection annually at some municipalities' Certificate of Continued Occupancy. NJ Code Mandated Safety Disclosure: pool sellers must disclose compliance status under N.J.S.A. 46:3C. Drain/suction entrapment protection required per VGB Pool and Spa Safety Act (federal) for anti-entrapment drain covers. STR pool liability: hosts face heightened exposure; Smith v. Dominguez (NJ App Div 2006) affirmed pool operator duty of care. Monmouth County Park System pools (Thompson Park, Turkey Swamp) follow commercial pool standards under N.J.A.C. 8:26.