Fair Lawn requires every swimming pool, hot tub and spa to be enclosed by a permanent fence or barrier under Borough Code Section 125-38 and the New Jersey adopted Building Code, which incorporates the New Jersey Residential Swimming Pool Subcode (N.J.A.C. 5:23 and the International Swimming Pool and Spa Code as adopted by NJ). Construction is permitted by the Fair Lawn Construction Code Official under the NJ Uniform Construction Code: in-ground pool permits are $275 (including the required fence) and aboveground pool permits are $125 (including the required fence) under the Borough's fee schedule.
Fair Lawn Borough Code Section 125-38 requires that all swimming pools, hot tubs and spas be enclosed by a permanent fence or barrier built and installed in accordance with the New Jersey adopted Building Code. New Jersey has adopted the International Swimming Pool and Spa Code as its Residential Swimming Pool Subcode under N.J.A.C. 5:23 (Uniform Construction Code), which sets minimum standards for residential pools, including a barrier at least 48 inches in height measured on the side facing away from the pool, openings in the barrier no greater than 4 inches in diameter for solid barriers and limited spacing for picket-style barriers, gates that are self-closing and self-latching with the latch positioned so it cannot be reached by a small child, and either a powered safety cover meeting ASTM F1346 or door alarms (or another approved barrier) on any wall of a dwelling that serves as part of the barrier. Aboveground pools may use the pool wall as a barrier where the wall is at least 48 inches and any ladder is removable, lockable or surrounded by a barrier when not in use. Fair Lawn's fee schedule sets the in-ground pool permit at $275 (including the required fence) and the aboveground pool permit at $125 (including the required fence); swimming pool inspections are performed by the local Construction Code Official, electrical subcode inspector (for bonding and GFCI on circulation equipment under the National Electrical Code as adopted by New Jersey) and plumbing subcode inspector. Fair Lawn Code Chapter 125's general fence rules under Article III apply to non-pool fences (no fence above six feet in residential areas, three feet within front yard setbacks and corner lot transition areas) but the pool-specific barrier under Section 125-38 supersedes those general fence height limits where it is more protective.
Operating a pool, hot tub or spa without the required permanent barrier or with a non-compliant gate is a violation of Chapter 125 Section 125-38 and the New Jersey Uniform Construction Code (N.J.A.C. 5:23). Penalties under Chapter 125, Article IX and N.J.S.A. 40:49-5 are generally up to $2,000 per offense and up to 90 days in jail or community service, plus stop-work orders, refusal of a Certificate of Approval, and required draining or fencing. UCC violations under N.J.A.C. 5:23-2.31 may carry separate civil penalties of up to $2,000 per offense per day. Each day a violation continues may be cited as a separate offense.
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