Hackensack regulates pool barriers through Chapter 100 (Housing and Property Maintenance), Article III of the City Code, plus the New Jersey Uniform Construction Code (N.J.A.C. 5:23-3.14) and the International Swimming Pool and Spa Code (ISPSC) adopted statewide. Private pools deeper than 24 inches must be enclosed by a fence or barrier at least 48 inches high.
Pool barriers in Hackensack are governed at three levels. State-wide, New Jersey has adopted the International Swimming Pool and Spa Code (ISPSC) as a subcode of the Uniform Construction Code under N.J.A.C. 5:23-3.14, applying to all new residential pools, hot tubs, and spas. Locally, Chapter 100 (Housing and Property Maintenance), Article III (General Requirements) of the Hackensack Code carries pool barrier maintenance obligations into the property maintenance program. Under the Hackensack Code and the ISPSC, private swimming pools, hot tubs, and spas containing water more than 24 inches in depth must be completely surrounded by a fence or barrier at least 48 inches in height above the finished ground level, measured on the side of the barrier away from the pool. Gates and doors in the barrier must be self-closing and self-latching; where the self-latching device is less than 54 inches above the bottom of the gate, the release mechanism must be located on the pool side of the gate. Self-closing, self-latching gates must positively close and latch when released from an open position of six inches from the gatepost. No existing pool enclosure may be removed, replaced, or altered in a way that reduces its effectiveness as a safety barrier. Spas or hot tubs equipped with a safety cover that complies with ASTM F 1346 are exempt. Construction permits are issued through the Bergen County / Hackensack Construction Office under N.J.A.C. 5:23.
Failure to maintain a compliant pool barrier is a violation of the Hackensack property maintenance code and the Uniform Construction Code. Penalties may include notices of violation, orders to abate, and municipal court fines. Construction without a UCC permit can trigger stop-work orders and additional penalties under N.J.A.C. 5:23.
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Side-by-side rule comparisons with other cities in Bergen County.
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