Margate, FL Swimming Pools & Spas: Fencing & Safety Requirements (2026)

Section 40.703(A) of the Margate Land Development Code covers swimming pools in all districts, except standards approved with a Planned Unit Development or in the Planned Residential Community District. The safety barrier takes one of two forms: a screened-in patio or an approved wall or fence material. It can be erected around the pool itself or around the whole premises, provided the minimum setbacks are met, but in either case it must enclose the area entirely and prohibit unrestrained admittance. Barriers on a frontage abutting a navigable waterway have to comply with the Florida Building Code as amended.

Gates are the key detail. Each gate must be equipped with a positive lock so that it automatically sits in a closed and fastened position at all times, and the lock has to be at the minimum height set by the Florida Building Code as amended. The owner or occupant carries the responsibility to install, maintain and keep the barrier in proper and safe condition. Above-ground pools have to conform to all ordinances governing in-ground pools, so a raised pool does not escape the barrier rule.

Setbacks: a pool cannot sit closer than seven and one-half feet to a side lot line or five feet to the rear lot line, measured from the pool structure. No pool or pool enclosure can be placed within a utility or drainage easement, or closer than five feet to any canal retaining wall or waterway where no wall exists.

Screen enclosures under Section 40.703(B) are a separate matter. Open mesh screening can be placed in a required side or rear setback but never in a required front or street side setback, and a screen enclosure counts as permitted whether or not it screens a pool. An enclosure covered by a roof or enclosed by side walls over five feet in height is treated like a building and stays out of every required setback.