Kent County, DE Swimming Pools & Spas: Fencing & Safety Requirements (2026)
Key Facts
- Adopted code
- International Swimming Pool and Spa Code
- Barrier sections
- ISPSC §§ 305.2-305.7 apply to pools/spas
- Cover exemption
- Only spas/hot tubs w/ ASTM F1346 lockable cover
- 2023 change
- Pool powered-cover exemption deleted, Ord. 23-05
- Effective date
- April 25, 2023
Summary
Kent County adopts the International Swimming Pool and Spa Code and requires a compliant barrier around every pool and spa under ISPSC §§ 305.2-305.7. A 2023 amendment removed the old exemption for pools with a powered safety cover, so only spas and hot tubs with a lockable ASTM F1346 cover skip the barrier requirement.
(12) Swimming pools and spas. The provisions of the International Swimming Pool and Spa Code shall apply to the construction, alteration, movement, renovation, replacement, repair, and maintenance of aquatic recreation facilities, pools, and spas... Except that the following bracketed language shall be deleted from Section 305.1: The provisions of this section shall apply to the design of barriers for restricting entry into areas having pools and spas. Where spas or hot tubs are equipped with a lockable safety cover complying with ASTM F1346, [and swimming pools are equipped with a powered safety cover that complies with ASTM F1316] the areas where those spas, hot tubs or pools are located shall not be required to comply with Sections 305.2 through 305.7. [Amended 4-25-2023 by Ord. No. 23-05]
Full Breakdown
D(12) adopts the International Swimming Pool and Spa Code (ISPSC) for the construction, alteration, movement, renovation, replacement, repair and maintenance of permanent or temporary pools and spas designed to connect to a circulation system or intended for swimming, bathing or wading. 1 by deleting the bracketed clause that previously let a swimming pool with a powered safety cover meeting ASTM F1316 skip barrier compliance. As adopted by Ordinance No. 7; every swimming pool, including those with a powered cover, must instead comply with the barrier standards in those sections.
F applies the same standard to pools or spas moved into or within the county, treating them as new installations. B(2)(a)[1], meaning a barrier fence required for a pool needs its own permit even though most fences under seven feet do not. Plan review for the pool and its barrier occurs through the same Department of Planning Services building permit process as other Chapter 105 work, and additional approvals, such as from the Delaware Division of Public Health, may be required before the permit is issued.
Violations & Fines
A pool or spa built or maintained without a compliant ISPSC barrier is enforced as a Chapter 105 violation under § 105-14: $100 for a first offense, $250 for a second, $500 for a third, and $1,000 to $10,000 (or up to 10 days' imprisonment) for a fourth or later offense, with the $100 minimum mandatory and non-suspendable. The building official can also issue a stop-work or notice of violation ordering the barrier corrected, and each day the pool remains unbarriered counts as a separate offense under § 105-14.E.
Frequently Asked Questions
Does a backyard pool need a fence in Kent County?
Can a safety cover replace a pool fence in Kent County?
Where is the pool barrier rule located in the Kent County Code?
Sources & Official References
Other rules in Kent County
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