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Bergenfield, NJ Swimming Pools & Spas: Fencing & Safety Requirements (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Minimum fence height
4 feet, no gaps over 2 inches
Trigger depth
18 in in-ground / 30 in above-ground
Gate requirement
Self-closing, self-latching device
Permit fee
$10 plus $1.50 per $500 of cost
Enforcement
Borough Inspector; appeal to Council
Maximum fine
$100 per violation, per day

Summary

Bergenfield requires a four-foot fence around any pool 18 inches deep, or an above-ground pool with 30-inch walls, with self-closing, self-latching gates. Borough Code § 277-7D sets the enclosure standard, permit process, and penalties administered by the Borough Inspector and Board of Health.

Every swimming pool, bathing pool or wading pool having a depth of 18 inches below the level of the land surrounding the pool, or in the case of above-surface pools having a depth of 30 inches or more, shall, within 30 days from July 1, 1958, be completely surrounded by a fence or wall of substantial construction, not less than four feet in height, which shall be so constructed as not to have openings, holes or gaps larger than two inches in 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. ... Every gate or door opening through such enclosure shall be equipped with a self-closing and self-latching device, capable of keeping such gate or door securely closed.

Full Breakdown

Bergenfield's swimming pool ordinance, Chapter 277, requires anyone who builds, installs or maintains a permanent or stationary swimming, bathing or wading pool to first obtain a permit from the Borough Inspector under § 277-4. The application must include plans, a plot plan showing setbacks, and a description of the fence proposed to surround the pool, which must meet the § 277-7D standard. Under § 277-7D, any pool with a water depth of 18 inches below grade, or an above-ground pool with walls 30 inches or higher, must be completely enclosed within 30 days by a fence or wall at least four feet high, with no gaps or openings larger than two inches (four inches for picket fencing).

Every gate must carry a self-closing, self-latching device that keeps it securely shut, and a house or accessory building may serve as part of the enclosure. The Borough treats a fully fenced property with a gate as sufficient compliance. 50 per $500 of estimated construction cost under § 277-6, collected by the Borough Inspector alongside separate Board of Health sanitary permits. An applicant denied a permit may appeal to the Borough Council under § 277-8, though a sanitation-related variance also needs a Board of Health recommendation.

Violators face a fine up to $100 per § 277-9, with default punishable by up to 30 days in the county jail, and each day of noncompliance counts as a separate offense.

Violations & Fines

Failing to fence a qualifying pool, leaving gaps over two inches, or running a gate without a self-closing, self-latching device violates § 277-7D. Building or maintaining a pool without the § 277-4 permit is also unlawful. Under § 277-9, each violation carries a fine up to $100, with imprisonment up to 30 days in county jail for nonpayment, and every day the violation continues is a separate offense.

Frequently Asked Questions

Does Bergenfield require a fence around my backyard pool?
Yes. Any pool with water 18 inches deep, or an above-ground pool with walls 30 inches or higher, must be enclosed within 30 days by a fence or wall at least four feet tall under § 277-7D, with gaps no larger than two inches and a self-closing, self-latching gate.
Can my house count as part of the pool enclosure?
Yes. Section 277-7D allows a dwelling house or accessory building to form part of the required enclosure, provided the remaining fence and gates still meet the four-foot height and self-latching gate standards.
What happens if I install a pool without a permit?
It's unlawful under § 277-3 to construct or maintain a pool without a Borough Inspector permit obtained through § 277-4. Violators face a fine up to $100 under § 277-9, with each day of noncompliance treated as a separate offense.

Sources & Official References

Other rules in Bergenfield

All Bergenfield rules

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