Apple Valley, MN Swimming Pools & Spas: Fencing & Safety Requirements (2026)

Section 155.352(A) of the Apple Valley Code of Ordinances sets the barrier standard. The barrier, at least 48 inches high, must completely surround and restrict access to the pool, or the tract of land where the pool sits, and be maintained in a sound and safe condition. It can be a security fence, freestanding wall, a building's wall, or a combination. The top must be at least 48 inches above grade, measured on the side facing away from the pool.

Openings are controlled by a four-inch-diameter sphere: neither the clearance between grade and the bottom of the barrier nor any opening in the barrier can allow passage of that sphere. Solid barriers such as masonry or stone walls cannot have indentations or protrusions in excess of 1.25 square inches, apart from normal construction tolerances and tooled masonry joints, so a person cannot climb them. For horizontal and vertical members, if the distance between the tops of the horizontal members is less than 45 inches, the horizontal members go on the pool side of the fence and vertical spacing cannot exceed 1.75 inches. If the distance is 45 inches or more, spacing between vertical members cannot exceed four inches. Chain link mesh is limited to a 2.25-inch square unless slats reduce the openings to not more than 1.75 inches, and the maximum opening in diagonal or lattice barriers is 1.75 inches.

Subsection (A)(9) requires the Building Inspector to approve the plans and specifications for the barrier before installation. The barrier must have doors or gates that are self-closing and self-latching, the latch located a minimum of 42 inches above ground level, with a lock kept locked when the pool is unattended.

There are exemptions. An aboveground pool whose walls are greater than 48 inches from ground to top at every point needs no barrier, but the ladder or steps must be secured, locked or removed when the pool is unattended or not in use. Spas or hot tubs with a locking safety cover complying with ASTM Standard F 1346-91 are exempt while the cover is locked. Storable swimming or wading pools are exempt if all access is removed and the pool is covered when not attended.