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Frederick County, VA Swimming Pools & Spas: Fencing & Safety Requirements (2026)

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

Key Facts

Minimum fence height
4 feet above ground
Maximum opening
No gap admits a 4-inch sphere
Gate requirement
Self-closing, self-latching, latch 4 feet up
Fence load rating
200 lbs horizontal on 1 sq ft
Maximum penalty
$2,500 fine or 12 months jail
Applies to
Pools deeper than 2 feet

Summary

Outdoor swimming pools in unincorporated Frederick County must be completely enclosed by a fence at least four feet tall that blocks passage of anything larger than a four-inch sphere and holds a 200-pound lateral load. Gates must self-close and self-latch, with latches set at least four feet up, and cannot be left unfastened while the pool sits unused. Violators face fines up to $2,500.

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

§ 152-1. Fence requirements; definitions. A. Fences. The enclosure shall extend not less than four feet above the ground. Enclosure fences shall be constructed so as to prohibit the passage of a sphere larger than four inches in diameter through any opening or under the fence. Fences shall be designed to withstand a horizontal concentrated load of 200 pounds applied on a one-square-foot area at any point of the fence. ... ... § 152-2. Fences required. It shall be unlawful for any person to construct, maintain, use, possess or control any pool on any property in the County without having completely around such swimming pool a fence as hereinabove defined. § 152-3. Gates. ... All gates shall be self-closing and self-latching, with latches placed at least four feet above the ground. It shall be unlawful for any such gate to be allowed to remain unfastened while the pool is not in use. Fences shall be constructed so as to come within two inches of the ground at the bottom.

Full Breakdown

Frederick County Code Chapter 152 requires every outdoor swimming pool in the county outside Winchester, Stephens City and Middletown to be completely enclosed. § 152-4 lets the county accept an alternative, such as a natural barrier or a pool cover, if the substitute device provides protection at least equal to the standard fence, gate and latch. The definition of 'swimming pool' in § 152-1B covers any outdoor, man-made structure built to hold water more than two feet deep for swimming or bathing, so shallow decorative ponds fall outside the rule. Enforcement runs through the county's Building Inspections and Zoning offices, which handle pool permits and can require corrections before a permit closes out.

Violations & Fines

Frederick County Code § 152-5 makes any violation of the pool-fencing chapter punishable by a fine of up to $2,500, imprisonment for up to 12 months, or both. Because the enclosure requirement attaches to construction, maintenance, use, possession or control of the pool, an unfenced or improperly gated pool can draw a citation even after the pool has been installed and is already in use.

Frequently Asked Questions

Does my above-ground pool in Frederick County need a fence?
Yes. County Code § 152-1 defines a regulated swimming pool as any outdoor man-made structure built to hold water more than two feet deep, and § 152-2 makes it unlawful to possess or control such a pool anywhere in the county without a complete enclosing fence, so above-ground pools with a 24-inch-plus water depth need the same barrier as in-ground pools.
Can a pool cover replace the required fence?
Yes, under § 152-4 the county will accept a natural barrier, pool cover or other protective device instead of a fence, gate and latch, but only if it provides protection at least equal to the enclosure described in §§ 152-1 through 152-3; the substitute still needs the county's approval.
How high must the gate latch be mounted?
§ 152-3 requires every pool gate to be self-closing and self-latching with the latch placed at least four feet above the ground, and it is unlawful to leave the gate unfastened while the pool is not in use.

Sources & Official References

Other rules in Frederick County

All Frederick County rules

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