Cary, NC Swimming Pools & Spas: Fencing & Safety Requirements (2026)
Key Facts
- Trigger depth
- 18 inches or deeper
- Minimum barrier height
- 4 feet
- Gate opening limit
- 4.5-inch sphere test
- Covered-spa exemption
- ASTM ES13-compliant cover
Summary
Cary requires a 4-foot fence or self-latching gate around below-ground pools, hot tubs, and spas 18 inches deep or more, with a covered-spa exemption.
All below-ground outdoor swimming pools, hot tubs, or spas having a depth of eighteen (18) inches or greater at the deepest point shall be completely surrounded by a fence or wall with a height of no less than four (4) feet... designed so that a four (4) and one-half (1/2) diameter sphere cannot pass through any opening... A portable spa or hot tub with a safety cover that complies with ASTM ES13... is exempt.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2023 S-87_S-57: Current through local ordinance 2022-Code-05, passed 11-17-2022 and effective 11-17-2022 | LDO: Current through local ordinance 2022-LDO-04, passed 11-17-22 and effective 11-17-22).
Full Breakdown
Under the Town of Cary's Land Development Ordinance, any below-ground outdoor swimming pool, hot tub, or spa with a depth of 18 inches or greater at its deepest point must be completely enclosed by a fence or wall at least 4 feet high, built so a 4.5-inch sphere cannot pass through any opening; the house itself may form part of the enclosure. Above-ground pools must maintain gates at access points, and all required gates need self-closing, self-latching hardware. A portable spa or hot tub with a safety cover meeting ASTM ES13 is exempt. Pools, hot tubs, and spas must also meet accessory-structure setbacks, and above-ground equipment generally requires opaque screening.
Violations & Fines
An unenclosed or improperly gated pool, hot tub, or spa is a zoning violation; the Planning Department can require installation of a compliant fence, wall, or self-latching gate before the feature may remain in use.
Frequently Asked Questions
Do I need a fence around a hot tub in Cary, NC?
What kind of gate does a Cary pool enclosure need?
Sources & Official References
Other rules in Cary
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Fencing & Safety Requirements in Nearby Cities
How other cities in Wake County handle fencing & safety requirements.