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

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

Key Facts

Governing section
Township Code § 305-11
Minimum fence height
4 feet
Maximum fence height
6 feet
Max opening size
4 square inches
Picket spacing limit
4 inches horizontal
Gate requirement
Locked whenever pool not in use
Operating hours ban
Midnight to 6:00 a.m.

Summary

Freehold Township requires every private swimming pool to be enclosed by a permanent fence four to six feet high with openings no larger than four square inches, and every gate must lock and stay locked whenever the pool is not in use.

All private swimming pools now existing or hereafter constructed, installed, established or maintained shall be enclosed by a permanent fence of durable material at least four feet in height but no more than six feet in height and shall be so constructed as not to have openings, mesh, holes or gaps larger than four square inches in any dimension except for doors and gates, and if a picket fence is erected or maintained, the horizontal dimension shall not exceed four inches. All gates used in conjunction with the fence shall meet the same specifications as the fence itself and shall be equipped with approved locking devices and be locked at all times when the private swimming pool is not in use.

Full Breakdown

Township Code § 305-11 covers every private swimming pool, whether existing already or newly constructed, installed, established or maintained. The fence must be permanent, made of durable material, at least four feet high but no more than six feet high, and built so it has no openings, mesh, holes or gaps larger than four square inches in any dimension, an exception being made only for the doors and gates themselves. If the fence is a picket design, the horizontal spacing between pickets cannot exceed four inches.

Every gate installed with the fence must meet the identical specifications as the fence itself, and must carry an approved locking device that keeps the gate locked at all times whenever the pool is not in use. This fencing duty sits alongside the permit process at § 305-2, where an applicant must submit the fence's location, height and aperture dimensions to the Building Inspector and get Township Engineer sign-off on the plans under § 305-3 before construction begins. Pool lighting is separately restricted under § 305-12: no artificial lighting may shine directly on an abutting property or otherwise become a nuisance, and underwater lighting requires prior inspection and approval by the electrical inspector of the Middle Department Association of Fire Underwriters.

m. The Building Inspector and Health Officer enforce all of Chapter 305 under § 305-14 and may inspect any pool and its appurtenances at reasonable times to confirm the fence and gate comply.

Violations & Fines

A pool enclosed by a fence under four feet or over six feet, with gaps wider than four square inches, or with an unlocked or non-conforming gate violates § 305-11. Violations of Chapter 305 are punishable under Chapter 1, Article II, General Penalty per § 305-15, and the Building Inspector or Health Officer can order an unsafe or noncompliant pool closed under § 305-7 until the hazard is corrected, with no automatic stay pending appeal to the Board of Health.

Frequently Asked Questions

How tall does my pool fence have to be in Freehold Township?
Between four and six feet, under § 305-11. The fence must be permanent and durable, and cannot have any opening, mesh, hole or gap larger than four square inches, except at the doors and gates.
Does my pool gate need to lock?
Yes. Under § 305-11, every gate used with the pool fence must meet the same specifications as the fence and must have an approved locking device, and it must be kept locked at all times whenever the pool is not in use.
Is there a picket fence rule for pools?
Yes. If a picket fence is used to enclose the pool, § 305-11 caps the horizontal spacing between pickets at four inches, on top of the general four-square-inch maximum opening rule.
Can I swim in my pool late at night in Freehold Township?
No. Section 305-13 makes it unlawful to operate or use any pool, wading pool or portable pool between midnight and 6:00 a.m.

Sources & Official References

Other rules in Freehold Township

All Freehold Township rules

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