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Charleston County, SC Swimming Pools & Spas: Pool Permits (2026)

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

Swimming pool permit rules in Charleston County, SC, also covering above-ground pools, in-ground pools, and spa installations, set fencing, barrier, alarm, and inspection requirements.

Key Facts

Permit trigger depth
over 24 inches of water
Exempt pool type
prefab, above-ground, under 5,000 gallons
Governing section
Sec. 4-20, § 105.2, item 7
Permit office
Dept. of Building Inspection Services
State pool rule scope
S.C. Regs. 61-51 covers public pools only

Summary

A backyard pool over 24 inches deep needs a Charleston County building permit before construction starts. Only small prefabricated above-ground pools under 24 inches deep and 5,000 gallons skip that step under Sec. 4-20, § 105.2, item 7; in-ground pools and larger above-ground pools fall under the general permit requirement in § 105.1.

City-specific rules exist: North Charleston, and Charleston have their own pool permits rules that differ from Charleston County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

105.1 Required Permits. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure ... shall first make application; to the Building Official and obtain the required permit. ... 105.2 Work exempt from permit. Exemptions from permit requirements of "this code" shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: Building: ... 7.Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, do not exceed 5,000 gallons (19000 L) and are installed entirely above ground. ... Swimming Pools. Any structure intended for swimming, recreational bathing or wading that contains water over 24 inches (610 mm) deep. This includes in-ground, above-ground and on-ground pools; hot tubs; spas and fixed-in-place wading pools.

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 21).

Full Breakdown

Charleston County's Chapter 4 building code, adopted by Ordinance No. 2283 on March 26, 2024, defines a 'Swimming Pool' at Sec. 4-27, § 112 as 'any structure intended for swimming, recreational bathing or wading that contains water over 24 inches (610 mm) deep,' expressly covering in-ground, above-ground and on-ground pools, hot tubs, spas, and fixed-in-place wading pools. 1 requires an owner who intends to construct any structure regulated by the code to first file an application with the Building Official and obtain a permit before work begins.

' Any pool exceeding either threshold, including nearly every in-ground pool and most standard above-ground pools, needs a building permit. 5). C. Code Regs. 61-51, governs pools open to the public, such as HOA or hotel pools, and by its own scope excludes a privately owned pool serving a single family; a homeowner's backyard pool is regulated locally through this Chapter 4 permit process rather than the state's public-pool rules.

Violations & Fines

Building a pool that requires a permit without first obtaining one is a misdemeanor under Sec. 4-30, § 115.1.1. With no fine specified for this offense, § 115.4.1 applies the maximum penalty allowed in a South Carolina magistrate's court, and each day the unpermitted pool remains counts as a separate violation under § 115.1.3. The county can also seek an injunction to compel compliance or removal.

Frequently Asked Questions

Do I need a permit to install an in-ground pool in unincorporated Charleston County?
Yes. Under Sec. 4-20, § 105.1, any structure regulated by the building code needs a permit before construction, and in-ground pools don't qualify for the narrow exemption in § 105.2, item 7, which only covers small prefabricated above-ground pools. You must apply through the Department of Building Inspection Services before digging starts.
What size above-ground pool can I install without a permit?
Only a prefabricated above-ground pool that holds no more than 5,000 gallons and is less than 24 inches deep is exempt under § 105.2, item 7. A deeper or larger pool, even if above-ground, needs a building permit under § 105.1.
Does South Carolina's public pool regulation apply to my backyard pool?
No. S.C. Code Regs. 61-51 regulates public swimming pools such as those at hotels, apartment complexes, or HOAs; it excludes a privately owned pool built for a single family's own use. Your permit obligation for a residential pool comes from the county's Chapter 4 building code, not the state pool regulation.
What happens if I build a pool without the required permit?
It's a misdemeanor under § 115.1.1. Because no specific fine applies, § 115.4.1 imposes the maximum penalty a South Carolina magistrate's court allows, and each day the violation continues is a separate offense under § 115.1.3.

Sources & Official References

Other rules in Charleston County

All Charleston County rules

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