Hampton, VA Swimming Pools & Spas: Fencing & Safety Requirements (2026)
Key Facts
- Barrier trigger
- pool/spa under 4 ft above grade
- Alt. fence setback
- 5 ft from pool edge, self-locking gate
- Drain cover
- grate can't create hazard (Sec. 36-51)
- Fine
- up to $300 or 30 days jail
- Scope
- public pools/spas only, not homes
Summary
Hampton requires every public swimming pool, spa or hot tub not raised at least four feet off the ground to be enclosed by a code-compliant fence, or ringed by its own five-foot perimeter fence with a self-locking gate, backed by criminal penalties.
(a)It shall be unlawful for any person to construct, maintain, use, posses or control any public swimming pool, spa and/or hot tub not elevated over four (4) feet above the immediately surrounding ground level of any property in the city, unless the property on which the pool, spa and/or hot tub is located is enclosed with a fence which complies with the provisions of the building code and the zoning ordinance of the city. All fencing shall be maintained in good repair so as to provide an effective barrier.(b)In lieu of fencing the property pursuant to subsection (a) above, the pool, spa and/or hot tub itself may be completely surrounded by a fence. Such fence shall be constructed so as to come within two (2) inches of the ground at the bottom and shall be at least five (5) feet from the edge of the pool at any point. In addition, such fence shall be equipped with a self-locking gate or door that shall be kept locked when the pool is not in use.(c)The requirements of this section shall not apply to swimming pools, spas and/or hot tubs that are housed in a separate structure.(d)A violation of this section shall be punishable by a fine of not more than three hundred dollars ($300.00) or confinement in jail for not more than thirty (30) days, either or both. (Ord. No. 1397, 4-13-05; Ord. No. 1458, 1-24-07; Ord. No. 15-0010, 3-25-15)
Cross reference— Building code, § 9-26 et seq.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 31 | Zoning: Supplement 20).
Full Breakdown
Under Hampton City Code Ch. 36, a public swimming pool, spa or hot tub not elevated over four feet must sit on property enclosed by a fence meeting the building code and zoning ordinance, or the pool itself must be surrounded by a fence coming within two inches of the ground, at least five feet from the pool edge, with a self-locking gate kept locked when not in use. Pools housed in a separate structure are exempt. Public pools must also have outlet drains covered by a grate designed so it cannot be readily removed or create a hazard to bathers (Sec. 36-51). None of Chapter 36 applies to a private residential pool, spa or hot tub. Sec. 36-1 defines those out of the chapter entirely.
Violations & Fines
Violating the fencing requirement is punishable by a fine of up to $300, up to 30 days in jail, or both (Sec. 36-9(d)); the director of public health may also order a noncompliant public pool, spa or hot tub closed until the hazard is corrected (Sec. 36-13).
Frequently Asked Questions
Does Hampton's pool fencing law apply to my backyard pool?
What happens if a public pool operator in Hampton doesn't fence it?
Sources & Official References
Other rules in Hampton
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