De Pere, WI Swimming Pools & Spas: Fencing & Safety Requirements (2026)
Key Facts
- Minimum fence height
- 4 ft, measured from grade
- Gate requirement
- Self-closing and self-latching
- Setback from pool
- Fence at least 4 ft beyond perimeter
- Opening limit
- No gaps over 4 inches
- Strength standard
- Withstand 200 lbs of force
- Height variances
- Never granted (Sec. 54-8(f)(8))
Summary
De Pere requires a fence at least four feet high, measured from grade, to completely enclose every swimming pool, hot tub, spa and backyard pond, with gates that self-close and self-latch. Sec. 54-8(f) sets the barrier standard and lists narrow exceptions for locked hot tub covers and screened ponds.
(1)A fence of not less than four feet in height, measured from grade, shall completely enclose all swimming pools, hot tubs, spas and ponds with the following exceptions:a.Hot tubs and spas do not need fence protection if their covers can be fastened and key locked when unattended and shall be able to withstand 150 pounds. ... (6)All gates or doors opening through a fence enclosure shall be kept securely closed at all times while unattended and shall be equipped with a self-closing and self-latching device designed to keep such gate or door securely closed. All gates or doors shall comply with all other height and structural requirements of this section.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 9).
Full Breakdown
Sec. 54-8(f)(1) requires a fence of not less than four feet in height, measured from grade, to completely enclose swimming pools, hot tubs, spas and ponds, with three narrow exceptions. Hot tubs and spas are exempt if their cover can be fastened and key locked when unattended and can withstand 150 pounds under Sec. 54-8(f)(1)a. Where a deck surrounds an above-ground pool, a three-foot guardrail measured from the deck surface counts as meeting the fence requirement so long as the total vertical measurement from ground level to the top of the guardrail still reaches four feet, per Sec.
54-8(f)(1)b, and the interior side and rear setback for that detached deck is ten feet from the property line. Ponds can skip the fence if an approved wire screen, mesh or grate sits three to four inches below the waterline and can withstand 100 pounds, under Sec. 54-8(f)(1)c. Beyond height, Sec. 54-8(f)(2)-(4) requires the fence to sit at least four feet beyond the pool's outside perimeter, to block any object larger than four inches in diameter from passing through or under it, and to withstand 200 pounds of force in any direction.
Sec. 54-8(f)(5) bans fences with horizontal boards spaced more than one inch apart, since they can be climbed. Every gate must be equipped with a self-closing and self-latching device under Sec. 54-8(f)(6), and Sec. 54-8(f)(8) states flatly that variances for lesser fence heights than specified in this section shall not be granted.
Violations & Fines
Sec. 54-8 carries no fence-specific fine, so a missing or noncompliant pool barrier falls under the Code's general forfeiture in Sec. 1-11(a): $1.00 to $2,000.00 per offense, rising to $10.00-$2,000.00 for a repeat violation under Sec. 1-11(b), with each day of noncompliance a separate offense under Sec. 1-11(f). Because Sec. 54-8(d) requires the fence design to be shown on the permit plans before the pool is built, an unfenced or undersized barrier can also stall the permit itself.
Frequently Asked Questions
Does every backyard pool in De Pere need a fence?
Can the city grant a shorter pool fence if my yard is small?
What kind of gate does a pool fence need?
Sources & Official References
Other rules in De Pere
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