Fitchburg, WI Swimming Pools & Spas: Fencing & Safety Requirements (2026)
Key Facts
- Minimum fence height
- 4 feet
- Max fence gap
- 4 inches
- Gate requirement
- Self-latching, secured shut
- Portable pool trigger
- Over 1 foot deep
- Enforcing office
- City building inspector
- First-offense forfeiture
- $25 to $500
Summary
Fitchburg, Wisconsin's Chapter 35 building code requires every inground pool not enclosed in a permanent building to be fenced at least four feet high, strong enough to block access, with no gaps wider than four inches. Gates must self-latch shut whenever the pool sits unused. Aboveground pools with fixed ladders need the same barrier, and portable pools deeper than one foot must be fenced, drained or covered daily.
All inground pools not enclosed within a permanent building shall be completely enclosed by a fence not less than four feet in height, of sufficient strength to prevent access to the pool, and so constructed as not to have voids, holes or openings larger than four inches in one dimension. Gates or doors in fences shall be closed and secured so as to prevent unlatching by persons outside the pool area at all times when the pool is not in actual use. ... Permanent access from grade to aboveground pools having stationary ladders, stairs, or ramps shall have safeguard fencing and gates equivalent to those required in section 35-357. Fencing of aboveground pools with removable ladders is not required so long as access to the pool is prevented and ladders are removed at all times when the pool is not in actual use. ... Portable pools over one foot in depth must be fenced as provided in section 35-357, or shall be drained or covered after each day's use in such a manner as to provide public safety.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 30).
Full Breakdown
Fitchburg, Wisconsin sits in Dane County and regulates residential pool barriers through Chapter 35 of its City Code, Buildings and Building Regulations, Division 13, Swimming Pools, not through the Chapter 22 zoning ordinance. Sec. 35-357 requires every inground pool that is not already enclosed inside a permanent building to be surrounded by a fence at least four feet tall. The fence must be strong enough to actually stop entry and cannot have voids, holes or openings wider than four inches in any one dimension, closing off the gaps a small child could slip through.
Gates and doors set into that fence have to stay closed and secured against unlatching by anyone outside the pool area whenever the pool is not in use; a gate propped open during a party still has to latch itself shut once the last swimmer leaves. Sec. 35-358 extends the same four-foot barrier standard to aboveground pools whenever the pool has a stationary ladder, stairs or ramp bolted in place. If the ladder is removable, the city drops the fencing requirement as long as the owner actually pulls the ladder and blocks access whenever the pool sits idle.
Sec. 35-359 catches portable pools too: once a portable pool holds more than one foot of water it needs Sec. 35-357 fencing unless the owner drains it or covers it after each day's use in a manner that keeps the public safe. These barrier rules sit alongside Fitchburg's Sec. 35-355 building permit requirement and its Sec. 35-356 setback rule tying pool placement to Sec. 22-56(h), so a pool project has to clear all three before the building inspector signs off.
Violations & Fines
An unfenced or improperly fenced pool is a City Code violation enforced by the Fitchburg building inspector. Because Division 13 sets no separate fine, the Sec. 1-21 general penalty applies: a forfeiture of not less than $25 nor more than $500 for a first offense, $50 to $1,000 for repeat offenses within a year, plus prosecution costs, and up to 90 days in the county jail if unpaid. Each day the barrier is missing counts as a new offense.
Frequently Asked Questions
Does Fitchburg require a fence around my aboveground pool?
How high must my Fitchburg pool fence be?
Do portable or inflatable pools need fencing in Fitchburg?
What happens if my pool isn't fenced as required?
Sources & Official References
Other rules in Fitchburg
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Fencing & Safety Requirements in Nearby Cities
How other cities in Dane County handle fencing & safety requirements.