Cape Coral requires residential swimming pools, spas, and hot tubs to be enclosed by a barrier at least 4 feet high, consistent with Florida Statute 515.29 and Florida Building Code R4501. The pool area or entire back yard must be enclosed before the pool is filled with water more than 24 inches deep. Side-yard fences (except on waterfront parcels) must be 6 feet of opaque fencing. A screen enclosure may substitute for a fence. If a barrier is damaged, a 4-foot mesh safety barrier must be installed within 10 days and may remain up to 90 days. Florida Statute 515.27 allows alternative safety devices in lieu of a barrier.
Cape Coral pool barriers follow Florida Statute Chapter 515 (Residential Swimming Pool Safety Act) and Florida Building Code Section R4501. The pool area or the entire back yard must be enclosed with a minimum 4-foot high fence. Fencing must be completed before the pool is filled with water over 24 inches in depth and before final inspection. On waterfront lots, fencing must extend to the water side of the seawall cap; on non-waterfront lots, fencing must extend across the back yard to the rear of the pool. Side-yard fencing must be 6 feet tall and opaque, except on waterfront parcels. Screen enclosures may serve as the barrier in lieu of a fence. Per F.S. 515.29, the barrier must have no gaps, openings, indentations, protrusions, or structural components that could allow a young child to crawl under, squeeze through, or climb over, and must be placed sufficiently away from the water's edge. Gates must open outward, be self-closing, and self-latching, with the release at least 54 inches above the bottom of the gate. If a permanent barrier is damaged, a temporary mesh safety barrier at least 4 feet above grade must be installed as soon as practicable but no later than 10 days, and may remain in place up to 90 days (extendable by the Director for good cause). F.S. 515.27 also permits compliance through an approved ASTM F1346 safety pool cover, exit alarms (minimum 85 dB at 10 feet) on all doors/windows accessing the pool, self-closing/self-latching home doors with release at least 54 inches above the floor, or an ASTM F2208 pool alarm.
Failure to comply with F.S. 515.27 is a second-degree misdemeanor punishable under F.S. 775.082 or 775.083. Pools cannot pass final inspection or be filled above 24 inches without compliant barriers. Cape Coral Code Compliance can issue notices of violation, daily fines, and stop-use orders for non-compliant pool barriers under the city's code enforcement process. Failure to replace a damaged barrier within the 10-day temporary barrier deadline is itself a violation.
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