How Fort Myers Handles Swimming Pools & Spas: A Practical Guide

Fort Myers maintains 106 local ordinances across all categories, and 4 of those deal specifically with swimming pools & spas. Here is a breakdown of what the city actually requires, what is prohibited, and where Fort Myers falls on the strict-to-permissive spectrum compared to other cities.

Hot Tub Rules

Fort Myers treats hot tubs and spas as 'pools' under the Pool/Spa/Fountain Checklist - signed and sealed plans are required, and the project must comply with the 8th Edition (2023) Florida Building Code, the 2020 NEC, and Florida Statute Chapter 515. The FBC 8th Edition (2023) exempts a spa or hot tub from the standard pool barrier when it is equipped with a safety cover that complies with ASTM F1346-91 (the 'manually operated locking cover' alternative).

Key details: Permit Required: Yes - spas/hot tubs included on Pool/Spa/Fountain Checklist. Adopted Codes: 8th Edition (2023) FBC; 2020 NEC; FS 515. Cover Alternative: ASTM F1346-91 locking safety cover (FS 515.27(1)(b)). Cover Load Rating: Min. 485 lb per 5 sq ft static load (ASTM F1346). Barrier Alternative: 48-inch FS 515.29 / FBC R4501.17 barrier.

Installing a hot tub or spa without a permit, operating it without either a 48-inch FS 515.29 barrier or a latched ASTM F1346-91 cover, or filling it before the 305-Electric Final and 699-Pool Final pass is a violation of FBC 424.2.19 and FS 515.27. Penalties include stop-work orders, the four-times-fee multiplier under FS 553.80(2), and second-degree misdemeanor exposure under FS 515.27(2).

Pool Permits

Fort Myers requires a building permit for every site-built pool, spa, and fountain, issued by the Community Development Department - Building, Permitting & Inspections at 1825 Hendry Street, Suite 101 ((239) 321-7925). Plans must be signed and sealed and certify compliance with the 8th Edition (2023) Florida Building Code, the 2020 National Electric Code, the Fort Myers Code of Ordinances, and the 2023 Florida Statutes. A separate electrical subcontractor permit is required on all pools, and fences and pool enclosures require separate permits.

Key details: Permit Required: All site-built pools, spas, fountains. Adopted Codes: 8th Edition (2023) FBC; 2020 NEC; 2023 FL Statutes. Issuing Office: Building, Permitting & Inspections, 1825 Hendry St., Suite 101. Phone / Email: (239) 321-7925 / permits@fortmyers.gov. Required Subs: Electrical on all pools; plumbing on commercial pools.

Filling a pool with water before the 305-Electric Final and 699-Pool Final pass is a violation of FBC 424.2.19 / R4101.19. FS 553.80(2)(b) imposes a fee of four times the original plan-review fee for the fourth and subsequent rejection of plans for the same code violation; FS 553.80(2)(c) imposes the same multiplier on re-inspection fees after the second re-inspection for the same issue.

Compared to other cities, Fort Myers takes a harder line on pool permits. The enforcement and penalty structure reflects that.

Fencing Requirements

Pool barriers in Fort Myers must comply with Florida Statute 515.29 and FBC Residential 8th Edition (2023) Section R4501.17. Required minimums: 48-inch barrier height on the outside face, less-than-4-inch sphere openings, max 2-inch ground clearance, horizontal members spaced at least 45 inches apart (or pickets less than 1-3/4 inches apart if closer), self-closing and self-latching gates that open outward away from the pool, and latch release at least 54 inches above gate bottom on the pool side.

Key details: Minimum Height: 48 inches above grade (outside face). Max Opening: Less than 4-inch sphere. Bottom Clearance: Max 2 inches above grade. Horizontal Member Spacing: At least 45 in apart, or pickets less than 1-3/4 in if closer. Chain-Link Mesh: 1-1/4 in max (2-1/4 in with slats).

A pool may not be filled or used until the 699-Pool Final inspection passes - barriers must be installed, alarms tested, and bonding complete. Operating a residential pool without a compliant barrier (or one of the four statutory alternatives in FS 515.27) is a second-degree misdemeanor under FS 515.27(2); the penalty is waivable if the owner corrects the violation and completes drowning-prevention education within 45 days.

This is not one of those rules that cities tend to ignore. Fort Myers actively enforces its fencing requirements requirements.

Safety Rules

Florida Statute 515.27 (the Residential Swimming Pool Safety Act) lets Fort Myers homeowners satisfy pool safety through any ONE of five options: (1) a barrier meeting FS 515.29; (2) an approved ASTM F1346-91 safety pool cover; (3) exit alarms on every door and window that opens to the pool from the home (minimum 85 dBA at 10 feet); (4) self-closing, self-latching devices on those doors with the release at least 54 inches above the floor; or (5) a swimming pool alarm meeting ASTM F2208. Anti-entrapment drain covers (ANSI/APSP-16, VGB Act) and NEC Article 680 bonding are also required. Failure is a second-degree misdemeanor.

Key details: Statutory Authority: FS 515.27 (Residential Swimming Pool Safety Act). Option 1 - Barrier: Per FS 515.29 (48 in, less than 4 in sphere). Option 2 - Cover: ASTM F1346-91 approved safety pool cover. Option 3 - Exit Alarms: Min. 85 dBA at 10 ft on all doors/windows to pool. Option 4 - Self-Latch: Self-closing/self-latching device, release at least 54 in above floor.

Filling or operating a pool without one of the five FS 515.27 safety features, disabling exit alarms or self-latching devices, or removing ANSI/APSP-16-compliant drain covers is a second-degree misdemeanor under FS 515.27(2). Public pools are separately regulated by Lee County Department of Health under FAC Chapter 64E-9 and may face additional enforcement.

This is one of the stricter rules in Fort Myers's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

The Bottom Line

Fort Myers is tougher than many cities when it comes to swimming pools & spas. Out of the 4 rules covered here, 3 are rated strict. If you are a homeowner, renter, or business owner in Fort Myers, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

Keep in mind that Fort Myers can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.