Swimming Pools & Spas in Wauwatosa, WI

Wauwatosa maintains 113 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 Wauwatosa falls on the strict-to-permissive spectrum compared to other cities.

Fencing & Safety Requirements

Wauwatosa requires a fence or solid barrier at least three and a half feet tall around any pool or body of water two feet deep or more, with no gap larger than six inches square, and self-closing, self-latching gates with latches set at least three and a half feet above ground.

Key details: Minimum fence height: 3.5 feet. Maximum opening size: 6 inches square. Gate hardware: Self-closing, self-latching. Latch height: At least 3.5 feet above ground. Ladder rule (above-ground): Removed/blocked when unattended.

Any violation of the access-limitation requirements in Chapter 15.26, including a missing, undersized or non-self-latching pool barrier, subjects the responsible person to "the general penalty provisions of this code" under Section 15.26.080, and the city may have the pool or body of water "removed or safeguarded by the city with the cost of such being placed on a special charge against the property."

Pool Permits

Wauwatosa requires a building permit before excavating for, constructing, installing or enlarging any pool, pond or other body of water two feet deep or more, treating them as structures under Title 15. Public pool plans also need health department approval.

Key details: Permit trigger depth: 2 feet or more. Hot tubs/spas: Exempt from pool permit, need electrical permit. Public pools: Also need health department approval. Wall setback (residential): 6 ft from rear/side lot line. Emergency access: 4 ft unobstructed perimeter.

Violating any provision of Chapter 15.26, including building or enlarging a covered pool without a permit, subjects the owner to "the general penalty provisions of this code" under Section 15.26.080, and the city may also have the pool, hot tub, spa, pond or other qualifying body of water "removed or safeguarded by the city with the cost of such being placed on a special charge against the property."

The Bottom Line

Wauwatosa'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 Wauwatosa is broadly strict or permissive.

This guide is based on Wauwatosa's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.