Fort Lee, NJ Swimming Pools & Spas: Above-Ground Pools (2026)

Borough Code Chapter 368 (Swimming Pools) makes it unlawful to construct or establish any private swimming or wading pool in Fort Lee without a permit, with applications submitted to the Building Subcode Official. Pools and wading pools of movable construction with an area of more than 120 square feet are regulated under Chapter 368; portable pools less than two feet in height and less than 10 feet in length or diameter are exempt from certain provisions of the chapter. A permanent above-ground pool is capped at a height of not more than 12 inches above the ground - taller above-ground pools must be installed in a manner that effectively brings the deck or grade up to that level, or are not allowed as a permanent installation. Pools must be located in the side or rear yard, not closer than 6 feet to any side or rear lot line, and may not project beyond the front line of the main building. The use must be appropriately screened and fenced so as not to be an attractive nuisance or adversely affect adjoining properties, and every pool within 200 feet of any property line must be enclosed by a substantial fence built to prevent any person from gaining access beneath or through the fencing, with height set in accordance with Chapter 410 (Zoning). Per the Borough Pool Permit Schedule, the application fee for a private swimming pool is $20 and for a wading pool is $10; building, electrical, and plumbing subcode fees under the Uniform Construction Code (N.J.A.C. 5:23) are billed separately. Statewide, the New Jersey Swimming Pool and Spa Subcode (adopted under N.J.A.C. 5:23-3.14A and aligned with IRC R326 / ISPSC) requires that the top of the pool barrier be at least 48 inches above grade on the side facing away from the pool around the entire perimeter, with self-closing and self-latching gates that open outward away from the pool. For an above-ground pool whose wall serves as a barrier, a removable or lockable ladder is required and the wall itself must meet barrier standards (no climbable openings or projections within 4 inches of the top); pools with a means of access through a dwelling must provide approved alarms or barriers as required by the subcode. Every private swimming pool in the Borough must comply with applicable Board of Health and electrical bonding requirements, and electrical work for pumps, lights, and bonding requires permits and inspection by the licensed electrical subcode official. Pool drainage must not be discharged onto neighboring property or into the storm system in violation of N.J.A.C. 7:14A (NJPDES). Long-term operation must continue to satisfy the Chapter 368 standards as well as ongoing fence-maintenance and barrier-integrity rules; a barrier that falls into disrepair is an attractive nuisance.