Winnebago County, IL Swimming Pools & Spas: Fencing Requirements (2026)

Illinois treats public pools differently from private residential pools. Public pools (apartments, hotels, clubs, schools) are regulated under the Swimming Pool and Bathing Beach Act (410 ILCS 70) and Illinois Department of Public Health rules (77 Ill. Adm. Code 820). Private residential pools are governed by the building code that each county or municipality adopts - typically the International Residential Code (IRC) Appendix AG, 'Swimming Pools, Spas, and Hot Tubs,' which incorporates Section AG105 'Barrier Requirements' from the International Swimming Pool and Spa Code (ISPSC). The 410 ILCS 73 reference (Private Swimming Pool Enclosure Act) is widely cited for the residential 48-inch enclosure standard. Winnebago County enforces the IRC for unincorporated areas through the Building Department, requiring a building permit for any pool or spa with water depth over 24 inches. Per IRC AG105, the barrier must be at least 48 inches high measured on the side facing away from the pool; openings cannot pass a 4-inch sphere; gates must open outward, be self-closing and self-latching, with the latch release at least 54 inches above the bottom of the gate. Where a dwelling wall serves as part of the barrier, doors with direct pool access must have an alarm or self-closing/self-latching device. Spa or hot tub covers complying with ASTM F1346 may substitute for a barrier when locked. Within Rockford, the City of Rockford Building Department enforces the same IRC-based standards under the Rockford Building Code; Loves Park, Machesney Park, and other municipalities each enforce locally adopted IRC editions (commonly 2018 or later). A separate electrical permit is required for pool wiring under the National Electrical Code, Article 680.