Wayne County, IN Swimming Pools & Spas: Fencing & Safety Requirements (2026)

Wayne County's zoning ordinance addresses pool safety barriers in the supplemental regulations chapter rather than the building code. Section 156.491(B)(1) requires that 'the swimming pool, or the entire property on which it is located, shall be so walled or fenced as to prevent uncontrolled access by children from the street or from adjacent properties.' The ordinance gives pool owners a choice: fence the pool itself, or rely on a perimeter fence around the whole property, as long as either barrier actually prevents uncontrolled child access.

The rule sits alongside the ordinance's siting standards: a private pool under Section 156.491(A)(2) may go anywhere on the lot except a required front yard, must stay at least ten feet from any property line, and its pump and filter equipment must stay at least 20 feet from a property line. A public pool under Section 156.491(A)(1) must stay at least 200 feet from any lot in a residential district. Section 156.491(B)(3) separately requires pool lighting to be arranged so it deflects away from adjoining properties, and Section 156.491(B)(2) requires drainage subject to the County Surveyor's approval.

The Wayne County Zoning Inspector enforces the barrier requirement under Section 156.555 as part of the improvement location permit review before a pool is built, and failing to install or maintain a compliant fence is an ordinance violation under Section 156.999, carrying a fine of $25 up to $2,500 per violation, with each day the unfenced pool remains a separate violation. Appeals from a Zoning Inspector determination go to the Board of Zoning Appeals under Section 156.575.