Winter Haven Minimum Property Maintenance Standards Sec. 303.2 and the Florida Building Code Residential Section R454 (Residential Swimming Pool Safety Act, FS Ch. 515) require all private pools, spas, and hot tubs with more than 24 inches of water depth to be enclosed by a barrier at least 48 inches high with self-closing, self-latching gates.
MPMS Sec. 303.2 (adopted by Ord. O-10-15) requires a 48-inch barrier around any private swimming pool, hot tub, or spa containing water more than 24 inches in depth. Gates must be self-closing and self-latching; if the latching device is less than 54 inches above the bottom of the gate, the release mechanism must be on the poolside. Self-latching gates must positively close from an open position of 6 inches. Spas or hot tubs with an ASTM F 1346 compliant safety cover are exempt. The Florida Residential Swimming Pool Safety Act (FS §515.27) further requires at least one of: an isolation pool barrier, an approved safety pool cover, exit alarms on all doors with direct access, or self-closing/self-latching devices on every door with direct access. A pool permit from the Building Division (863-291-5695) is required before construction; final inspection includes barrier compliance.
Operating a pool without a compliant barrier is a Ch. 5 building code violation enforced by Code Compliance and the Building Division. Under FS §515.29, knowingly violating the Residential Swimming Pool Safety Act is a second-degree misdemeanor (up to 60 days in jail and $500 fine) plus the city's daily code-enforcement fine up to $250.
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