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Volusia County, FL Swimming Pools & Spas: Fencing & Safety Requirements (2026)

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

Key Facts

Applies to
Public swimming pools only
State permit required
F.S. § 514.031 operating permit
CO/completion cert
Withheld until state permit issued
Review timing
County can't delay for DOH comment
Review standard
F.S. ch. 553 timelines

Summary

Before Volusia County will issue a building permit to construct, develop or modify a public swimming pool, the applicant must show proof of application for a state operating permit under F.S. § 514.031, and the county cannot withhold its own permit review while waiting on Department of Health comment, per § 22-2, FBC Admin. § 105.1.4.

City-specific rules exist: Deltona, Daytona Beach, and Ormond Beach have their own fencing & safety requirements rules that differ from Volusia County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

105.1.4 Public swimming pool. The local enforcing agency may not issue a building permit to construct, develop, or modify a public swimming pool without proof of application, whether complete or incomplete, for an operating permit pursuant to F.S. § 514.031. A certificate of completion or occupancy may not be issued until such operating permit is issued. The local enforcing agency shall conduct their review of the building permit application upon filing and in accordance with F.S. ch. 553. The local enforcing agency may confer with the Department of Health, if necessary, but may not delay the building permit application review while awaiting comment from the Department of Health.

Source: Municode LibraryView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 108 Update 1).

Full Breakdown

4 links the county's building-permit process for public pools to the state's separate health-and-safety track. 031 has been filed with the state, whether that application is complete or still incomplete. A certificate of completion or occupancy cannot be issued until the state operating permit itself has actually been granted, so a public pool project can get its county building permit moving on a pending state application but cannot open until the state signs off. ch. 553's review timelines, and while it may confer with the Florida Department of Health on the project if necessary, the code specifically bars the county from delaying its own building-permit review while it waits for the Department's comment.

This section applies to public pools, commercial, HOA-common, and similar facilities, not the small private residential pools addressed separately under the code's above-ground pool exemption.

Violations & Fines

Constructing, developing or modifying a public pool without a pending or issued F.S. § 514.031 operating-permit application blocks the county from issuing the building permit at all, and separately blocks any certificate of completion or occupancy from being issued. Work performed outside these permit requirements is also a code violation under the general penalty, § 1-7, punishable by a fine up to $500, up to 60 days in jail, or both.

Frequently Asked Questions

Do public pools need a state permit in addition to the county building permit?
Yes. Section 105.1.4 bars the county from issuing a building permit to construct, develop or modify a public swimming pool unless the owner has at least applied, complete or not, for the state operating permit required by F.S. § 514.031.
Can the county delay my building permit while the Department of Health reviews my pool plans?
No. The code says the local enforcing agency may confer with the Department of Health if necessary but may not delay the building permit application review while awaiting comment from the Department of Health.
When can I get a certificate of occupancy for a new public pool?
Not until the state operating permit under F.S. § 514.031 has actually been issued: a pending application is enough to move the building permit forward, but the operating permit itself must be granted before the county signs off on completion or occupancy.

Sources & Official References

Other rules in Volusia County

All Volusia County rules

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