How Ashwaubenon Handles Swimming Pools & Spas: A Practical Guide

Ashwaubenon maintains 112 local ordinances across all categories, and 2 of those deal specifically with swimming pools & spas. Here is a breakdown of what the city actually requires, what is prohibited, and where Ashwaubenon falls on the strict-to-permissive spectrum compared to other cities.

Pool Permits

Before building an in-ground or aboveground pool in Ashwaubenon, the owner must take out a building permit with a plot plan showing the pool's size, location and description. No pool may be built if the property cannot meet the Village's fencing rules for pools.

Key details: Governing section: Ashwaubenon Municipal Code § 5-7-734. Permit trigger: In-ground or aboveground pool construction. Required with application: Plot plan: size, location, description. Linked requirement: Must be able to meet Art. 8 pool fencing. Enforcing office: Village Building Inspection Department.

Building without the required permit, or without a plot plan showing compliance with the Article 8 fencing standards, is a violation of Chapter 5 subject to the Village's General Penalty, Municipal Code Sec. 1-1-13: a first offense forfeits not less than $1.00 nor more than $5,000.00 plus costs of prosecution, with up to 90 days in jail in default of payment, and a second offense within one year carries the same forfeiture range with up to six months in jail in default. Each day an unpermitted pool remains in place can be treated as a separate ongoing offense.

Fencing & Safety Requirements

Ashwaubenon requires every swimming pool or hot tub to be isolated from neighboring property by a barrier at least 50 inches high that prevents small children from getting in unguarded, with self-closing, lockable gates. An automatic powered pool cover meeting ASTM standards may substitute for a fence.

Key details: Governing section: Ashwaubenon Municipal Code § 5-8-764(B)-(G). Minimum barrier height: 50 inches. Gate requirement: Lockable, self-closing when not in use. Cover alternative: ASTM-compliant automatic power cover. Deck barrier standard: 50 inches around deck and ladders.

Subsection (F) of Sec. 5-8-764 independently requires a building permit before any fence is built, so an unpermitted pool barrier is a violation in its own right; a pool or hot tub barrier that falls short of the 50-inch height, lacks a self-closing/lockable gate, or is missing entirely is a violation of Chapter 5 punishable under the Village's General Penalty, Municipal Code Sec. 1-1-13, at a forfeiture of $1.00 to $5,000.00 plus costs for a first offense (up to 90 days jail in default) and the same range with up to six months jail in default for a second offense within a year.

The Bottom Line

Ashwaubenon's swimming pools & spas rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Ashwaubenon is broadly strict or permissive.

These rules come from Ashwaubenon's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.