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Durham, NC Swimming Pools & Spas: Fencing & Safety Requirements (2026)

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

Key Facts

Governing section
UDO § 5.4.9, Swimming Pools
Enclosure required
All outdoor pools must be fully fenced
Minimum height
4 feet
Maximum opacity
50%
Gates
Must be self-closing and self-latching
Threshold
Applies to pools over 24 in. deep, 100+ sq ft

Summary

Every outdoor swimming pool in Durham over 24 inches deep and 100 square feet must be fully enclosed by a fence at least four feet tall with no more than 50% opacity, and every gate into that enclosure must be self-closing and self-latching under UDO § 5.4.9.

When allowed, in-ground and above-ground swimming pools that have a water depth over 24 inches and have a surface area of at least 100 square feet shall be subject to the following additional requirements: Private Pools ... All outdoor pools shall be enclosed by a fence. The exterior walls of buildings can be incorporated as a portion of the fence to create a fully enclosed area around the pool. All fence points of ingress/egress shall be equipped with self-closing and self-latching gates. The fence shall be at least four feet in height with a maximum opacity of 50%.

Source: Durham Fences and WallsView official code

Full Breakdown

UDO § 5.4.9, Swimming Pools, requires that 'all outdoor pools shall be enclosed by a fence,' and lets the exterior walls of a building count as part of that enclosure so long as the pool area ends up fully enclosed. Every point of ingress or egress through the fence, meaning every gate, must be 'equipped with self-closing and self-latching gates.' The fence itself must be at least four feet in height, and its maximum opacity is capped at 50%, so a fully solid privacy fence around a pool does not meet the standard; the barrier has to remain substantially see-through.

The fencing requirement attaches to any in-ground or above-ground pool 'that have a water depth over 24 inches and have a surface area of at least 100 square feet,' per the section's opening threshold, smaller wading pools fall outside these standards. The rule reaches both private residential pools and pools serving outdoor community, private club, townhouse, rowhouse, multiplex and apartment developments, though the larger shared pools carry an additional 100-foot setback from any adjoining single-family residential district. The ordinance's commentary notes that in-ground and above-ground pools remain independently subject to applicable public health and building code requirements, so the UDO fence standard layers on top of, rather than replaces, those separate code requirements.

Violations & Fines

An unenclosed pool, a gate that isn't self-closing and self-latching, a fence under four feet, or a fence with more than 50% opacity is a UDO § 5.4.9 violation, enforced under Article 15. The City-County Planning Director can issue a citation with a $500 civil penalty, with daily penalties for continuing violations, and can withhold or condition other permits until the enclosure is corrected.

Frequently Asked Questions

How tall does my pool fence need to be in Durham?
At least four feet, per UDO § 5.4.9. The fence also can't be more than 50% opaque, so a solid privacy fence doesn't satisfy the standard on its own: it needs to remain substantially see-through while still fully enclosing the pool area.
Can my house wall count as part of the required pool fence?
Yes. UDO § 5.4.9 allows the exterior walls of buildings to be incorporated as a portion of the enclosure, as long as the pool ends up fully enclosed and every remaining point of entry has a self-closing, self-latching gate.
Does every backyard pool in Durham need this fence?
Only pools with a water depth over 24 inches and a surface area of at least 100 square feet trigger UDO § 5.4.9's standards. Small wading pools under that threshold aren't subject to the fence, setback, or enclosure requirements.

Sources & Official References

Other rules in Durham

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