New Berlin, WI Swimming Pools & Spas: Fencing & Safety Requirements (2026)

Section 238-4 of the New Berlin Code of Ordinances requires every private in-ground swimming pool, as defined in § 238-1, to be completely surrounded by a fence or wall at least four feet high but no taller than six feet. The barrier cannot have openings, holes, or gaps larger than four inches in any dimension, a spacing standard meant to keep small children from squeezing through. A dwelling house or accessory building may substitute for a section of fence if it forms part of the enclosure.

Every gate or door through the enclosure must carry an inside self-closing and self-latching device that keeps it securely shut whenever the pool is not in use, except that a dwelling's own door forming part of the enclosure is exempt from that hardware requirement. The fencing duty is not limited to new construction: it applies to every private in-ground pool whether it was built before or after the section's effective date, though indoor pools are excluded entirely. The Chief Building Inspector enforces the rule at the front end rather than only after the fact.

No water may be placed in a pool requiring fencing until the fence is erected and both the pool and fence have been inspected and approved by the Chief Building Inspector, meaning an unfenced pool cannot legally be filled and used even temporarily.