Cape May County does not enforce its own pool barrier ordinance; residential and public pool barriers in the county's 16 municipalities are regulated through the New Jersey Uniform Construction Code (UCC) at N.J.A.C. 5:23, which adopts the 2018 International Swimming Pool and Spa Code (ISPSC) with NJ amendments. Section 305 of the ISPSC requires barriers at least 48 inches above grade, with openings that will not pass a 4-inch sphere, and gates that are self-closing, self-latching, and open outward. Construction permits are issued and inspected by each municipality's construction office; public/recreational bathing facilities are also regulated under Chapter IX of the NJ State Sanitary Code (N.J.A.C. 8:26).
New Jersey is a state-code jurisdiction. The Uniform Construction Code Act (N.J.S.A. 52:27D-119 et seq.) and N.J.A.C. 5:23 adopt the 2018 ISPSC as the swimming pool subcode statewide; Cape May County's coastal municipalities (Avalon, Stone Harbor, Sea Isle City, Wildwood, Cape May, Ocean City, Lower Township, Middle Township, Upper Township, etc.) administer that code through their own UCC offices. ISPSC Section 305.2 requires the top of the barrier to be at least 48 inches above grade on the side facing away from the pool, with no more than 2 inches of vertical clearance from grade (4 inches over a solid surface). Openings cannot allow passage of a 4-inch sphere (305.2.2). Where horizontal members are less than 45 inches apart, vertical-member spacing is limited to 1.75 inches; where 45 inches or more apart, spacing may be up to 4 inches (305.2.3). Chain-link mesh openings cap at 1.75 inches unless slats reduce them (305.2.6). Pedestrian access gates under 305.3 must open outward away from the pool, be self-closing, and have a self-latching device; if the release is below 54 inches, it must be on the pool side, no opening over 0.5 inch within 18 inches of the latch. Where a wall of a dwelling forms part of the barrier, doors providing direct pool access must have an audible alarm meeting UL 2017 (Section 305.4), or an approved self-closing/self-latching alternative such as a power safety cover (ASTM F1346). Above-ground pool ladders/steps must be removable, lockable, or surrounded by their own compliant barrier. For public bathing facilities at hotels, motels, condos, beach clubs and campgrounds throughout Cape May County, N.J.A.C. 8:26-3.12 requires a continuous fence at least 4 feet high with self-closing, self-latching gates, enforced by the Cape May County Department of Health under Chapter IX. Coastal flood-zone construction (much of Avalon, Stone Harbor, North Wildwood, Wildwood Crest and the bay-side communities) must also comply with N.J.A.C. 5:23-3.4 floodproofing requirements that may affect equipment elevation and barrier post embedment.
A residential or commercial pool cannot pass final UCC inspection or be filled for use until the barrier, gates, and (where applicable) door/window alarms comply with ISPSC Section 305 as amended by N.J.A.C. 5:23. Failure can result in stop-work orders, denied certificates of approval, and penalties under N.J.S.A. 52:27D-138 of up to $2,000 per violation per day. Public/semi-public pools that fail N.J.A.C. 8:26-3.12 enclosure rules can have their operating license suspended by the Cape May County Department of Health.
Cape May County, NJ
New Jersey law (NJSA 21:3-1 et seq.) bans virtually all fireworks. A 2017 amendment legalized only hand-held and ground-based sparkling devices, novelties, s...
Cape May County, NJ
Cape May County itself does NOT issue short-term rental permits or licenses. Under the New Jersey Constitution and N.J.S.A. 40:48-2.12a et seq., licensing an...
Cape May County, NJ
Cape May County is a peninsula community at the southern tip of New Jersey with extensive Atlantic coast V/VE and AE Special Flood Hazard Areas, governed pri...
Cape May County, NJ
Cape May County does not regulate accessory dwelling units (ADUs) at the county level. Under New Jersey's Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 et...
See how Cape May County's fencing requirements rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.