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Swimming Pools & Spas in Kent County, DE (2026)

2 rules for unincorporated Kent County, Delaware.

Verified from official government sources

Note: These county rules apply to unincorporated areas of Kent County. If you live within an incorporated city, that city's own rules apply: see the city list below.

Pool Permits

Kent County requires a building permit for most residential pools, exempting only small above-ground prefabricated pools under 24 inches deep and 5,000 gallons. Pool permits are valid just 90 days from issuance, with an automatic inspection performed 30 days after the permit is issued.

Kent County Swimming Pool Permit Rules

Some Restrictions

Kent County Code § 105-4.B(8), H(2)

B. Exemptions. ... Permits shall not be required for the following: ... (8) Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep/high, are not greater than 5,000 gallons (18,925 L) and are installed entirely above ground. ... H. Time limitation of permit. ... (2) Pool permits. Pool permits shall be valid for a period of 90 days from the date...

Fencing & Safety Requirements

Kent County adopts the International Swimming Pool and Spa Code and requires a compliant barrier around every pool and spa under ISPSC §§ 305.2-305.7. A 2023 amendment removed the old exemption for pools with a powered safety cover, so only spas and hot tubs with a lockable ASTM F1346 cover skip the barrier requirement.

Kent County Pool and Spa Barrier Requirement

Some Restrictions

Kent County Code § 105-1.D(12)

(12) Swimming pools and spas. The provisions of the International Swimming Pool and Spa Code shall apply to the construction, alteration, movement, renovation, replacement, repair, and maintenance of aquatic recreation facilities, pools, and spas... Except that the following bracketed language shall be deleted from Section 305.1: The provisions of this section shall apply to the design of barri...

All Kent County ordinances

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