Volusia County, FL Swimming Pools & Spas: Fencing & Safety Requirements (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.
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.
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?
Can the county delay my building permit while the Department of Health reviews my pool plans?
When can I get a certificate of occupancy for a new public pool?
Sources & Official References
Other rules in Volusia County
Florida rules heatmap·Compare Volusia County to another location·View the Florida swimming pools & spas overview
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