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Kauai County, HI Swimming Pools & Spas: Fencing & Safety Requirements (2026)

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

Key Facts

Governing provision
IBC § 3109.2, County Code § 12-2.2(57)
Minimum fence/screen height
4 feet
Maximum opening size
4-inch sphere may not pass
Gate requirement
Self-closing and self-latching
Stated exception
Pools on hotel premises
Scope
Public pools only, not private pools
Maximum penalty
$2,000 fine and/or 1 year jail

Summary

On Kaua'i (Kaua'i County), Building Code Section 3109.2 requires every public swimming pool to be completely enclosed by a fence or screen at least 4 feet high, with openings too small to pass a 4-inch sphere and gates that close and latch themselves. Hotel guest pools are the code's only stated exception; the Building Division enforces the rule through the permit process.

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

3109.2 Public swimming pools. Public swimming pools shall be completely enclosed by a fence at least 4 feet (1290 mm) in height or a screen enclosure. Openings in the fence shall not permit the passage of a 4-inch-diameter (102 mm) sphere. The fence or screen enclosure shall be equipped with self-closing and self-latching gates. Exception: Swimming, dipping or wading pools located on the premises of a hotel are not required to be enclosed.

Full Breakdown

Section 3109.2, Public Swimming Pools, was added to the International Building Code by Kaua'i County Code Section 12-2.2(57). It sets three concrete barrier requirements: the pool must be completely enclosed by a fence at least 4 feet in height or an equivalent screen enclosure; openings in that fence or screen cannot be large enough to pass a 4-inch-diameter sphere, which rules out wide-gap picket or chain-link designs; and every gate in the enclosure must be self-closing and self-latching so it cannot be left open after use.

The only exception the section states is for swimming, dipping or wading pools located on hotel premises, which are not required to be enclosed at all, reflecting that those pools already sit within a supervised, access-controlled property. The provision sits inside Chapter 12, the County's adopted Building Code, so compliance is checked the same way as any other building element: a barrier meeting these specifications must be shown on the plans submitted for the pool's building permit, and the Building Division inspects the completed fence, screen and gate hardware before signing off on final approval.

Because the rule is written for public pools, private backyard pools on single-family residential lots are not covered by Section 3109.2 itself, though a homeowner's association or the pool's own construction plans may separately require similar protection.

Violations & Fines

Section 12-2.2(61) amended Section 114, Violations and Penalties, of the Building Code, and it governs Section 3109.2 the same as any other adopted provision. Operating or maintaining a public pool without the required fence, screen or self-latching gates is a misdemeanor punishable by a fine of up to $2,000, up to one year in jail, or both, with each day of noncompliance a separate offense; the building official can instead order a correction with a civil fine up to $1,000 plus $1,000 for each day the violation continues.

Frequently Asked Questions

Do all pools on Kaua'i need a fence?
The Building Code's Section 3109.2 fencing rule applies to public swimming pools, not to private backyard pools at single-family homes. Public pools need a 4-foot fence or screen with openings too small for a 4-inch sphere and self-closing, self-latching gates; hotel guest pools are the only stated exception.
How high does a public pool fence have to be on Kaua'i?
At least 4 feet, per Section 3109.2, whether the barrier is a fence or an equivalent screen enclosure. The openings in that fence or screen cannot be large enough to let a 4-inch-diameter sphere pass through, which rules out wide-gap picket fencing or open chain-link designs.
Do the gates on a public pool fence have to lock themselves?
Yes. Section 3109.2 requires every gate in the required fence or screen enclosure to be self-closing and self-latching, so the barrier closes itself after someone passes through instead of relying on a person to shut and secure it every time.
What is the penalty for an unfenced public pool on Kaua'i?
Building Code Section 114 treats a Section 3109.2 violation as a misdemeanor: a fine up to $2,000, up to a year in jail, or both, with each day of noncompliance a separate offense, or the building official can order the fix with a civil fine up to $1,000 plus $1,000 per day.

Sources & Official References

Other rules in Kauai County

All Kauai County rules

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