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

Kauai County does not maintain a stand-alone pool-fence ordinance; instead, the Building Division of the Department of Public Works administers the Hawaii State Building Code and Hawaii State Residential Code as locally adopted in Kauai County Code Chapter 12. Hawaii's State Building Code is based on the 2018 International Building Code (IBC) with state amendments, and the State Residential Code is based on the 2018 International Residential Code (IRC). Under Hawaii Building Code Section 3109 (Swimming Pools, Spas and Hot Tubs) and IRC Appendix AG as adopted, residential pools, spas, and hot tubs containing water more than 24 inches deep must be enclosed by a barrier whose top is at least 48 inches above grade measured on the side of the barrier facing away from the pool (Section 3109.4.1). Openings in the barrier must not allow passage of a 4-inch-diameter sphere (Section 3109.4.1.1). Where horizontal members are spaced less than 45 inches apart vertically, vertical members may not be more than 1-3/4 inches apart; where horizontals are 45 inches or more apart, openings between vertical members may not exceed 4 inches. Chain-link mesh openings are limited to 2-1/4 inches square unless slats fastened at top or bottom reduce openings to 1-3/4 inches (Section 3109.4.1.5). The maximum vertical clearance between grade and the bottom of the barrier is 2 inches measured on the pool-exterior side. Pedestrian access gates must open outward away from the pool, be self-closing, and have a self-latching device (Section 3109.4.1.7). When a release mechanism for the latch is located less than 54 inches from the bottom of the gate, the latch must be on the pool side of the gate, and no opening greater than 1/2 inch may exist within 18 inches of the latch release. When the dwelling itself serves as part of the barrier, doors with direct access to the pool must be equipped with an alarm or the pool must have an approved safety cover meeting ASTM F1346. Public and semi-public swimming pools (hotels, condominiums, resorts, parks, schools) are regulated separately by the Hawaii State Department of Health under HRS sections 321-10 and 321-11 and Hawaii Administrative Rules (HAR) Chapter 11-10, which requires that pool grounds be enclosed by a fence at least 4 feet in height or by a screen enclosure, with self-closing and self-latching gates and openings that do not pass a 4-inch sphere. Per Kauai County Code Chapter 12, fences within required yard space are also subject to Chapter 8 (Comprehensive Zoning Ordinance), and fences over 6 feet in height require Fire Department review for access. Pool barriers are inspected as part of the swimming pool building permit issued by the Kauai County Building Division.