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

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

Key Facts

Minimum fence height
Four feet
Largest opening allowed
Three inches, except for gates or doors
Gate hardware
Self-closing or self-latching, locked when pool not in use
Above-ground exemption
Pools 48 inches or more in height, with access removed
Governing section
East Brunswick Township Code § 195-12

Summary

In East Brunswick Township, New Jersey, every pool must be surrounded by a fence or wall of substantial construction at least four feet high with no openings larger than three inches except gates or doors. Each gate must be the same height, self-closing or self-latching, and locked when the pool is not in use.

A. All pools shall be surrounded by a fence or wall of substantial construction not less than four (4) feet in height with no openings larger than three (3) inches except for gates or doors. The fence or wall shall be so constructed as to prevent any person from gaining access to the pool beneath or over it. ... C. Every fence or wall shall be provided with one (1) or more gates or doors of the same height as the fence or wall equipped with a self-closing or self-latching device capable of keeping them securely closed. Gates or doors must be locked when the pool is not in use. ... E. This section shall not apply to above-ground pools forty-eight (48") inches or more in height, provided that all steps, ladders or other means of access to the pool are removed when the pool is not in use, nor to cases where the entire premises on which the pool is located are surrounded by a fence which meets the requirements of this section.

Full Breakdown

Section 195-12 of the East Brunswick Township Code, part of Chapter 195, Swimming Pools, Private, sets the barrier rules. Subsection A requires a fence or wall of substantial construction not less than four feet in height, with no openings larger than three inches except for gates or doors. It must be built to prevent any person from gaining access to the pool beneath or over it. Under subsection B, a dwelling or accessory building can serve as part of the enclosure.

Subsection C covers gates and doors. Every fence or wall needs one or more gates or doors of the same height as the fence or wall, equipped with a self-closing or self-latching device capable of keeping them securely closed. Gates or doors must be locked when the pool is not in use. Subsection D deals with wading pools that have no fence or wall: they must be either emptied or covered with a suitable strong protective covering fastened securely in place when not in use.

Subsection E carves out two exceptions. Above-ground pools forty-eight inches or more in height are not subject to the section, provided that all steps, ladders or other means of access are removed when the pool is not in use. The section also does not apply where the entire premises on which the pool is located are surrounded by a fence that meets the section's requirements.

The fence is part of the permit review. Under § 195-4, the application must describe the fence or other enclosure, including type, height and the number and location of gates or doors, and the Division of Construction Inspection and the Chief Construction Official review that description before a permit issues. Section 195-14 adds that the owner must keep the pool in good repair and abate any hazard after notice from the Health Officer or the Code Enforcement Officer.

Violations & Fines

A pool with no fence or wall, a barrier under four feet high, openings larger than three inches, or a gate that does not close and latch itself violates § 195-12 of the East Brunswick Township Code. A gate left unlocked when the pool is not in use is also a violation. Chapter 195 does not print a separate fine in its own text. Under § 195-14, the owner must abate any hazard after notice from the Health Officer or the Code Enforcement Officer.

Frequently Asked Questions

How tall must a pool fence be in East Brunswick Township?
Section 195-12(A) requires a fence or wall of substantial construction not less than four feet in height, with no openings larger than three inches except for gates or doors. Gates and doors must be the same height as the fence or wall. The barrier must also prevent anyone from getting to the pool beneath it or over it.
Does a house wall count as part of the pool enclosure in East Brunswick Township?
Yes. Section 195-12(B) says a dwelling or accessory building can be used as part of the enclosure required by subsection A. The remaining sides still need a fence or wall meeting the four-foot height and three-inch opening limits, with gates or doors that close and latch on their own and are locked when the pool is idle.
Is an above-ground pool exempt from the fence rule in East Brunswick Township?
Only in two cases under § 195-12(E). An above-ground pool forty-eight inches or more in height is exempt if all steps, ladders or other means of access are removed when the pool is not in use. The rule also does not apply where the entire premises are surrounded by a fence meeting the section's requirements.
What must I do with a wading pool that has no fence in East Brunswick Township?
Section 195-12(D) says a wading pool without a fence or wall must be either emptied or covered with a suitable strong protective covering fastened securely in place whenever the pool is not in use. A wading pool is a private pool that cannot be used for swimming, including portable pools of less than 500 gallons and pools 12 inches or less in depth.

Sources & Official References

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