Sussex County, DE Swimming Pools & Spas: Fencing Requirements (2026)

Sussex County's pool barrier rule is set in Chapter 115 (Zoning), Article XXV (Supplementary Regulations) of the Sussex County Code on eCode360, which states that every swimming pool shall be protected by a safety fence or barrier at least four feet in height, constructed of chain-link, concrete, stockade-wood or equal, and that a walk space at least three feet wide shall be provided between the pool wall and the protective fence or barrier wall. The same article governs pool placement: accessory swimming pools, open and unenclosed, may occupy a required rear or side yard provided they are not located closer than 10 feet to an interior side lot line or six feet to a rear lot line. Building permits for pools and fences are issued by the Sussex County Building Code Office, which enforces the ICC family of codes adopted under Chapter 52 (Building Construction). Sussex County's most recent Chapter 52 update adopts the 2021 International Building Code and 2021 International Residential Code (replacing the prior 2018 editions). For unincorporated areas and the 14 incorporated towns served by the County Building Code Office, the IRC's Appendix G (Swimming Pools, Spas and Hot Tubs) and/or the International Swimming Pool and Spa Code provisions are the recognized I-Code standards for residential pool barriers, gate hardware (self-closing, self-latching), and openings sized to prevent passage of a 4-inch sphere. Property owners should also confirm any town-specific pool ordinances if their property lies inside an incorporated municipality. Public/semi-public swimming pools are separately regulated by the State of Delaware under 16 Del. Admin. Code 4464 (Public Swimming Pools), administered by the Division of Public Health.