Pool barriers in Fort Myers must comply with Florida Statute 515 (Residential Swimming Pool Safety Act) and FBC Residential 8th Edition (2023) Section R4501.17 / FBC Building Section 454.2.17. The barrier must be at least 48 inches high on the outside, may have no opening that allows a 4-inch-diameter sphere to pass through, and the bottom may not exceed 2 inches above grade. Gates must be self-closing, self-latching, open outward away from the pool, and have a latch release at least 54 inches above the bottom of the gate.
Fort Myers enforces the state Residential Swimming Pool Safety Act (FS Chapter 515) through Section 424.2.17 of the FBC, Building (8th Edition, 2023) and Section R4501.17 of the FBC, Residential. Specific barrier requirements: top of the barrier at least 48 inches (1219 mm) above grade on the side facing away from the pool; no openings that allow passage of a 4-inch-diameter (102 mm) sphere; maximum 2-inch vertical clearance between grade and barrier bottom on the exterior side; horizontal members must be at least 45 inches apart, or where they are closer than 45 inches the vertical pickets may be no more than 1-3/4 inches apart; chain-link mesh openings no greater than 1-1/4 inches (or 2-1/4 inches with slats). Gates must be self-closing and self-latching, open outward away from the pool, with the latch release on the pool side at least 54 inches above the bottom of the gate; openings within 18 inches of the release may not exceed 1/2 inch. Where a wall of the dwelling serves as part of the barrier, doors that open directly into the pool area must have an alarm with a minimum 85 dBA sound at 10 feet (FS 515.27) OR a self-closing, self-latching device with the release at least 54 inches above the floor. The Pool/Spa/Fountain Checklist requires plans to 'show details of how the POOL BARRIER REQUIREMENTS are being met in accordance with F.S. 515 and the FBC' (screen enclosure, alarms, fence, safety cover).
A pool may not be filled with water until barriers are in place, electrical bonding is complete, and a 305-Electric Final and 699-Pool Final inspection have passed (FBC 424.2.19 / R4101.19). Operating or filling a pool without a compliant barrier is a second-degree misdemeanor under FS 515.27(2), waivable only if the owner corrects the violation and completes a drowning-prevention education program within 45 days.
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