Swimming Pools & Spas in Durham, NC

Durham maintains 119 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 Durham falls on the strict-to-permissive spectrum compared to other cities.

Pool Permits

Any Durham pool deeper than 24 inches with at least 100 square feet of surface area needs a building permit through Durham Inspections, plus UDO site standards: private pools must sit behind the principal house and at least five feet from any property line, with a self-latching fence around every outdoor pool.

Key details: Permit trigger: Depth over 24 in. and area ≥100 sq ft. Setback: 5 ft minimum from any property line. Fence height: At least 4 ft, ≤50% opacity. Placement: Behind principal structure, not street-facing. Permitting office: Durham City-County Inspections Dept..

Building a pool without the § 10-48 permit is a misdemeanor citywide, and Inspections can order work stopped until plans conform to UDO § 5.4.9's setback and fencing standards. Pools installed without the required four-foot self-latching fence, or sited closer than five feet to a lot line, must be corrected before a certificate of occupancy will issue.

Fencing & Safety Requirements

Durham's UDO § 5.4.9 requires every outdoor community, private club, townhouse, rowhouse, multiplex and apartment pool to be enclosed by a fence at least four feet high with a maximum opacity of 50% and self-closing, self-latching gates at every entry. The section covers pools deeper than 24 inches with at least 100 square feet of surface.

Key details: Applies to: Pools over 24 inches deep and at least 100 square feet. Fence required for: Community, club, townhouse, rowhouse, multiplex and apartment pools. Minimum fence height: 4 feet. Maximum fence opacity: 50%. Gates: Self-closing and self-latching at every entry.

A paragraph B pool with no enclosure, an open gap in the fence line, a gate that does not close and latch on its own, a fence under four feet, or a fence that blocks more than 50% of light does not meet Sec. 5.4.9. Neither does a private pool placed between the street and the house, within five feet of a lot line, or a community pool whose deck sits within 100 feet of a single-family neighbor. The section itself prints no penalty amount.

The Bottom Line

Durham'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 Durham is broadly strict or permissive.

Keep in mind that Durham can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, which shows when its source was last checked.