5 county-level rules, plus city-specific rules for 2 cities in Lee County, Florida.
Verified from official government sources
Yes. A building permit from Lee County Development & Community Services is required to build a residential swimming pool in unincorporated Lee County. Pools over $5,000 also require a recorded Notice of Commencement, and the required safety barrier/enclosure must be in place before final inspection.
Under the Florida Residential Swimming Pool Safety Act, a pool barrier must be at least 4 feet (48 inches) high on the outside, with no gaps a child could crawl under, squeeze through, or climb over, and placed away from the water's edge.
FS 515.29(1)(a)-(b)
The barrier must be at least 4 feet high on the outside. The barrier may not have any gaps, openings, indentations, protrusions, or structural components that could allow a young child to crawl under, squeeze through, or climb over the barrier.
Before a residential pool passes final inspection, Florida law requires at least one safety feature: a barrier meeting FS 515.29, an approved safety pool cover, exit alarms on doors/windows, a self-closing self-latching device on the access door, or a pool alarm meeting ASTM F2208.
FS 515.27(1)
In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet at least one of the following requirements relating to pool safety features: (a) The pool must be isolated from access to a home by an enclosure that meets the pool barrier requirements of s. 515.29.
Above-ground residential pools in unincorporated Lee County generally require a building permit and must meet the same Florida Residential Swimming Pool Safety Act barrier or approved-cover requirements as in-ground pools. The pool wall or a removable ladder may form part of the barrier if it meets FS 515.29.
Residential spas and hot tubs are covered by the Florida Residential Swimming Pool Safety Act. FS 515.29 lets a hot tub satisfy the barrier requirement with an approved, lockable safety cover instead of a fence. A building/electrical permit is generally required for installation.
2 cities in Lee County have their own swimming pools & spas rules. Each link goes to that city's dedicated page with code citations.
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