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Clark County, IN Swimming Pools & Spas: Fencing & Safety Requirements (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Minimum barrier height
60 inches
Gate requirement
Self-closing, self-latching
Opening test
Blocks a 4-inch sphere
Governing section
Code Sec. 156.03(C)(4)
Civil penalty
Up to $2,500 per Sec. 156.99
Applies to
Unincorporated Clark County only

Summary

In unincorporated Clark County, above-ground swimming pools must be enclosed by a barrier at least 60 inches tall with a self-closing, self-latching gate, per Code of Ordinances Section 156.03(C)(4). The barrier's openings must be tight enough to stop a four-inch sphere, and pool ladders or steps have to lock or come off between uses so children cannot climb in unsupervised.

These county ordinances apply to unincorporated areas of Clark County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Each above ground swimming pool shall be enclosed by a substantial fence or other barrier of at least 60 inches in height, which shall be adequate to prevent persons, children or domestic animals from danger or harm, and shall be equipped with a self-closing, self-latching gate. Such protective barrier may be chain-link, ornamental, solid fence or other solid vertical barrier including buildings. Where the pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access or a ladder or steps, then the ladder or steps shall be capable of being secured by lock or removed to prevent access, or the ladder or steps shall be surrounded by a protective barrier. The protective barrier shall be so constructed as to prevent the passage of a four-inch diameter sphere and not to create a ladder effect.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2019 S-0: Code: Local legislation current through Ordinance 31-2014, passed 12-18-2014).

Full Breakdown

Clark County's zoning chapter treats an above-ground pool as a structure requiring both a permit and a physical barrier. 03(C)(4) sets the barrier at a minimum height of 60 inches and requires it to be adequate to prevent persons, children or domestic animals from danger or harm. The gate serving that barrier must be self-closing and self-latching, closing on its own after use. Acceptable barrier types include chain-link, ornamental fencing, a solid fence, or another solid vertical barrier, and the code allows a building wall to count as part of the barrier.

Where the pool wall itself forms part of the enclosure, or where the barrier sits on top of the pool structure, any ladder or steps providing access must either be capable of being locked or removed to block entry, or must be surrounded by their own protective barrier. The barrier's construction has to be tight enough that it prevents the passage of a four-inch diameter sphere, and it cannot create a ladder effect where horizontal rails give a child a foothold to climb over. 03(C)(3): before the pool goes in, the owner needs a location improvement permit from the staff who administer Chapter 156 for the Plan Commission.

Because this is a county ordinance, it governs only the unincorporated area of Clark County; property inside Jeffersonville, Clarksville, Charlestown, or Sellersburg falls under those cities' own codes instead.

Violations & Fines

Section 156.99 makes any violation of Chapter 156, including an unfenced or under-height pool barrier, subject to a civil penalty of up to $2,500 payable to the Plan Commission. Each day the barrier stays noncompliant counts as a separate offense, so fines can stack. The Plan Commission's attorney can also go to court for an injunction ordering the barrier fixed or the pool removed, a remedy the code says is cumulative with, not a substitute for, the civil fine.

Frequently Asked Questions

How tall must a pool fence be in Clark County?
At least 60 inches, measured to the top of the barrier, under Section 156.03(C)(4). The barrier can be chain-link, ornamental, or a solid fence, but it must be sturdy enough to stop children and pets from getting to the water unsupervised.
Does the gate need to lock itself?
Yes. The code requires a self-closing, self-latching gate on the pool barrier, so it swings shut and latches on its own instead of relying on someone remembering to close it behind them.
What about the pool ladder?
If the pool wall doubles as part of the barrier, or the barrier sits on top of the pool, the ladder or steps must be capable of being locked or removed, or must be surrounded by their own protective barrier, so it cannot be used to climb in when unattended.
Does this rule cover in-ground pools too?
Section 156.03(C)(4), as printed in the county code, addresses an 'above ground swimming pool' specifically; the excerpted provision does not separately spell out a barrier standard for in-ground pools.
What happens if my pool barrier does not meet the standard?
It is a Chapter 156 violation, exposing the owner to a civil penalty of up to $2,500 under Section 156.99, with each day of noncompliance treated as a separate offense, plus possible injunctive action.

Sources & Official References

Other rules in Clark County

All Clark County rules

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