Irvington Township Code Ch. 571 (Swimming Pools) requires every outdoor permanent family swimming pool to be enclosed by a fence of durable construction not less than 4 feet nor more than 5 feet in height, with substantial gates kept securely locked when the pool is not in use. The NJ Uniform Construction Code (N.J.A.C. 5:23-3.14A) adopts the International Swimming Pool and Spa Code (ISPSC), which separately requires a 48-inch barrier with self-closing, self-latching gates for any pool deeper than 24 inches.
Township of Irvington Code Chapter 571 (Swimming Pools), adopted by the Municipal Council on January 13, 1981, governs family swimming pools in Irvington. No person may install, construct, or alter a family swimming pool without first obtaining a permit from the Department of Housing Services. Every outdoor permanent family swimming pool must be enclosed by a fence of durable construction at least 4 feet but not more than 5 feet in height. The enclosure must be provided with substantial gates of at least the height of the fence, and the enclosure and gates must be designed and constructed to reasonably prevent any child or person from gaining access. Every gate must be kept securely locked at all times when the pool is not in use. For portable family pools, the pool may be covered with a suitable strong covering secured in place when not in use, and any access ladder or steps must be removed when the pool is not in use. In addition to local Chapter 571 rules, all residential pools and spas in Irvington must comply with the New Jersey Uniform Construction Code (N.J.A.C. 5:23-3.14A), which adopts the International Swimming Pool and Spa Code (ISPSC) with NJ amendments. The ISPSC requires that outdoor pools and spas with water more than 24 inches deep be surrounded by a barrier at least 48 inches high measured on the side away from the pool, with no openings allowing passage of a 4-inch sphere, no climbable horizontal members, and pedestrian gates that are self-closing and self-latching with the latch at least 54 inches above grade (or otherwise shielded). Permits are issued through Irvington's construction office under the UCC. Fence height in residential zones is also subject to Chapter 294 (Fences), which generally caps residential fences at 4 feet forward of the front setback line and 6 feet behind it.
Installing or maintaining a family swimming pool without the required permit, fence enclosure, or locked gate violates Chapter 571 and is enforceable through the Township's Department of Housing Services and Construction Code Official. Pool barrier violations under N.J.A.C. 5:23-3.14A / ISPSC are enforced as Uniform Construction Code violations with stop-work orders, mandatory corrections, and per-day penalties under N.J.A.C. 5:23-2.31. A pool cannot receive a Certificate of Approval without a compliant barrier verified at final inspection.
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