Ashwaubenon, WI Swimming Pools & Spas: Fencing & Safety Requirements (2026)

Ashwaubenon Municipal Code Sec. 5-8-764, Swimming Pool and Hot Tub Fences, treats any pool or hot tub barrier as a fence for purposes of Article 8's rules. Subsection (B) sets the core standard: a pool or hot tub must be isolated from adjoining properties by a fence no less than 50 inches in height, of good appearance, constructed and maintained so as to prevent the unguarded entry of small children. Subsection (C) requires any gate from the pool or hot tub area to adjoining open property to be capable of being locked and to be closed and secured so outsiders cannot unlatch it when the pool is not in use.

Subsection (D) allows an aboveground pool or hot tub with self-providing fencing, meaning the pool's own structure functions as the barrier, to satisfy the article as long as that self-provided fence is at least 50 inches high and sufficient to keep small children from unguarded entry. Subsection (E) extends the same 50-inch standard to any deck surrounding an aboveground pool or hot tub, including the ladders leading up to that deck. Subsection (G) allows an automatic pool safety cover to substitute for fencing entirely, provided it is powered by an electric motor, meets American Society for Testing and Materials standards for automatic pool covers, is securely fixed in place, and is kept covered whenever the pool is unsupervised or not in use.

These fencing rules connect directly back to the permit stage: Sec. 5-7-736 bars issuing a pool permit at all on a lot that could not meet this fencing standard.