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Norfolk, VA Swimming Pools & Spas: Fencing & Safety Requirements (2026)

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

Key Facts

Scope
Outdoor public pools only, not private residential
Fence height
At least 48 inches (Sec. 43-1(b))
Gate latch height
Minimum 4 feet, self-fastening (Sec. 43-25(a))
Ground clearance
Within 2 inches of ground at bottom
Setback from pool
At least 5 feet from pool edge
Penalty
Class 2 misdemeanor, up to $1,000 (Sec. 43-25(c))

Summary

Every outdoor public swimming pool in Norfolk has to sit completely inside a fence at least 48 inches tall under Section 43-25(a), with every gate able to latch shut at four feet and never left unfastened while the pool is closed. The fence has to run within two inches of the ground and stay at least five feet from the pool's edge. Section 43-25(b) lets a hedge, natural barrier, or pool cover substitute if it works just as well.

Fence means a close-type vertical barrier not less than forty-eight (48) inches in height above the ground surface. A woven steel wire, chain link, picket or solid board type fence or a fence of similar construction, which will prevent the smallest of children from getting through, shall be construed as within this definition. ... No person shall construct, maintain, use, possess or control any outdoor public swimming pool, without having completely around such pool a fence, as defined in section 43-1(b). Every gate in such fence shall be capable of being securely fastened at a height of not less than four (4) feet above ground level, and it shall be unlawful for any such gate to be allowed to remain unfastened while the pool is not in use. Such fence shall be constructed so as to come within two (2) inches of the ground at the bottom and shall be at least five (5) feet from the edge of the pool at any point. In lieu of the fence required by subsection (a) above, a natural barrier, hedge, pool cover or other protective device may be used so long as the degree of protection afforded by such device is not less than the protection afforded by a fence, as defined in section 43-1(b). A violation of this section shall constitute a Class 2 misdemeanor.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 166).

Full Breakdown

Norfolk's fencing rule in Section 43-25 sits inside Article II, which Section 43-24 limits to "public swimming pools" as Section 43-1(d) defines them: any pool other than a private residential pool that is used collectively, including a pool run by a club, association, or apartment complex. A private backyard pool serving only "the family of the householder and his or her private guests" under Section 43-1(c) falls outside this fencing mandate because Section 43-2(a) excludes private residential pools from the chapter except where specifically provided, and Section 43-25 names only "outdoor public" pools.

For the pools the rule does cover, the fence has to run completely around the pool, reach the ground within two inches at the bottom, and hold a line at least five feet out from the water's edge, with every gate latching at a minimum of four feet high. The director of public health enforces the standard through the inspection power in Section 43-4 and can order an owner, lessee, operator, or concessionaire to correct a defective fence within a reasonable deadline under Section 43-5.

If a fencing failure creates an imminent danger, Section 43-6 lets the director close the pool outright until it is fixed. Section 43-25(b) gives operators one way around building an actual fence: a natural barrier, hedge, or pool cover that provides at least the same degree of protection as the 48-inch fence defined in Section 43-1(b).

Violations & Fines

Section 43-25(c) makes a fencing violation its own Class 2 misdemeanor, punishable by up to six months in jail and a $1,000 fine, rather than the Class 3 misdemeanor Section 43-3 sets as the default for other chapter violations. The director of public health can also order the pool closed under Section 43-6 until the fence or substitute barrier meets the standard, on top of any criminal penalty.

Frequently Asked Questions

Does my backyard pool in Norfolk need a fence under the city code?
Not under Section 43-25. That section only reaches an outdoor public swimming pool, and Section 43-2(a) excludes a private residential pool serving only the householder's family and guests from the swimming pool chapter except where specifically stated. A homeowner's pool barrier obligations instead come from the building or zoning code, which is a separate instrument from Chapter 43.
How tall does a fence around a Norfolk public pool have to be?
At least 48 inches, per the definition of fence in Section 43-1(b), and Section 43-25(a) requires that fence to run completely around the pool, come within two inches of the ground at the bottom, and sit at least five feet from the water's edge. Every gate has to latch securely at a minimum height of four feet.
What can I use instead of a fence around a public pool in Norfolk?
Section 43-25(b) allows a natural barrier, hedge, pool cover, or other protective device in place of an actual fence, as long as it provides at least the same degree of protection as the 48-inch fence Section 43-1(b) defines. The director of public health decides whether a substitute barrier meets that standard during inspection.

Sources & Official References

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