Virginia Beach, VA Swimming Pools & Spas: Fencing & Safety Requirements (2026)
Key Facts
- Fence standard
- International Residential Code compliance required
- Gate rule
- Must stay latched when not in use
- Fine
- $300 per day, each day separate
- Threshold
- Applies once water exceeds 24 inches deep
- Permit path
- Follows state USBC, not a city pool permit
Summary
Outdoor hot tubs and spas over 24 inches deep must be enclosed by a code-compliant fence under Virginia Beach's swimming pool ordinance, with self-latching gates kept fastened whenever the tub isn't in use.
It shall be unlawful for any person to own or control any outdoor swimming pool without having a fence surrounding such swimming pool, irrespective of the date on which such swimming pool was constructed. Such fence shall be in compliance with the International Residential Code or any successor provision.(b)Violations of this section shall be punishable by a fine of not more than three hundred dollars ($300.00) Each day's violation shall be deemed a separate offense. In addition to such penalty, and not in lieu thereof, the city may seek to enjoin a continuing violation of this section by civil action filed in the circuit court.(c)The provisions of this section shall not apply to any swimming pool operated by or in conjunction with any hotel located on a governmental reservation. (Ord. No. 3008, 4-22-08; Ord. No. 3233, 5-22-12)
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 170 Update 1).
Full Breakdown
Virginia Beach City Code § 34-3 counts a residential hot tub or spa deeper than 24 inches as a Type 1 swimming pool, the private, household-and-guests category. § 34-36 requires anyone who owns or controls an outdoor swimming pool to keep it surrounded by a fence meeting International Residential Code standards, regardless of when it was installed, and § 34-35 makes it unlawful to leave a pool gate unfastened while the pool is not in use. Construction of a Type 1 pool, spa, or hot tub follows the Virginia Uniform Statewide Building Code and the zoning ordinance rather than a separate city pool permit (§ 34-2(c)).
Violations & Fines
Violating § 34-36's fence requirement is punishable by a fine up to $300 per day, with each day counted as a separate offense; the city may also sue to enjoin a continuing violation.
Frequently Asked Questions
Does my backyard hot tub need a fence in Virginia Beach?
Do I need a separate city permit to install a hot tub?
What happens if I leave the gate unlatched?
Sources & Official References
Other rules in Virginia Beach
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