Florida pool fence rules: what a pool barrier must have

Which pools the law covers

The act (chapter 515 of the Florida Statutes) defines a swimming pool as a structure in a residential area intended for swimming or recreational bathing that holds water over 24 inches deep, including in-ground, aboveground and on-ground pools, hot tubs and nonportable spas. Residential means the premises of a detached one-family or two-family home, or a one-family townhouse no more than three stories high (section 515.25).

Section 515.37 lists what the chapter does not apply to, including public pools, portable spas with a safety cover that meets ASTM F1346-91, and small temporary pools without motors, the kind known as kiddie pools. It also does not apply in a city or county that has adopted its own residential pool safety ordinance that is equal to or more stringent than the state law, so ask your building department which rules apply at your address.

What the barrier must have

The law defines a barrier as a fence, a wall of the house, another wall, or a combination of them that completely surrounds the pool and blocks access to it, especially from the house and from the yard. Under section 515.29, a residential pool barrier must be at least 4 feet high on the outside, and it may not have gaps, openings, indentations, protrusions or structural parts that could let a young child crawl under, squeeze through or climb over it. The law defines a young child as anyone under 6 years old.

The barrier has to go around the perimeter of the pool, separate from any yard fence, unless that fence or part of it sits on the pool's perimeter, serves as part of the barrier and meets the same requirements. It must also stand far enough from the water's edge that a young child or a medically frail older person who gets through it cannot immediately fall in, and it may not be placed where a permanent structure, equipment or a similar object could be used to climb it.

Gates that give access to the pool must open outward, away from the pool, close by themselves, and have a self-latching locking device whose release is on the pool side, placed so a young child cannot reach it over the top or through a gap. A wall of the house can be part of the barrier if it has no door or window that opens to give access to the pool. For an aboveground pool, the pool's own structure can be the barrier if it meets these requirements, and the ladder or steps must be able to be secured, locked or removed, or be surrounded by a barrier.

The safety options for a new pool

To pass final inspection and receive a certificate of completion, section 515.27 says a residential pool must have at least one of these: an enclosure that meets the barrier requirements and isolates the pool from the home; an approved safety pool cover that meets ASTM F1346-91; exit alarms on all doors and windows that open directly from the home to the pool, with a sound rating of at least 85 dB A at 10 feet; self-closing, self-latching devices on all doors that open directly to the pool, with the release no lower than 54 inches above the floor; or a pool alarm certified to ASTM F2208 that sounds when someone enters the water. An alarm worn by a child does not count.

The same section makes failing to equip a new residential pool with at least one of those features a second-degree misdemeanor. No penalty is imposed if, within 45 days after the arrest or citation, the owner adds a feature and attends a drowning prevention education program, and the program requirement is waived if none is offered within those 45 days.

What a pool fence quote should show

Ask each contractor to write down the height of the barrier as measured on the outside, the gate hardware and which way each gate swings, and how the design avoids gaps and footholds a small child could use. Building codes can set exact dimensions for spacing and latches, so ask your building department what applies and whether the job needs a permit.

Check where the fence will run: around the pool rather than just the yard line unless the yard fence is part of the barrier, far enough from the water, and clear of things a child could climb, such as equipment or planters. If a wall of the house forms part of the barrier and has doors to the pool, ask how the design deals with them.

Florida's specialty structure contractor license covers aluminum and vinyl fences, among other work (Rule 61G4-15.015), so check the contractor's license on the state's search. If the pool will be without a barrier while an old fence or enclosure comes down, ask what keeps it closed off in the meantime.