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Nassau County, FL 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 Nassau County, FL, also covering above-ground pools, in-ground pools, and spa installations, set fencing, barrier, alarm, and inspection requirements.

Key Facts

Permit trigger
Florida Building Code § 105.1
Above-ground exemption
Under 24 in deep, 5,000 gal, entirely above ground
Pool fence rule
Replacement pool fences always need a permit
Public pools
Separate rule at FBC Section 105.1.4
Enforcing agency
Nassau County Building Department

Summary

Building a residential swimming pool in unincorporated Nassau County requires a Building Department permit under Florida Building Code Section 105.1, adopted by County Code Section 7-6. The only carve-out is a small prefabricated above-ground pool under 24 inches deep and 5,000 gallons; replacing a pool's safety fence also needs its own building permit.

These county ordinances apply to unincorporated areas of Nassau County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

105.1 Required. Any owner or owner's 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. ... 2.Residential Fences/Privacy walls including, columns, posts, piers, entry gates, etc., not over 7 feet high above adjacent finished grade. (Made of any materials). Replacement pool fences will require a building permit. ... 9.Prefabricated swimming pools accessory to one and two-family dwellings that are less than 24 inches deep, do not exceed 5,000 gallons and are installed entirely above ground.

Full Breakdown

1 requires any owner who intends to construct a structure, which includes a swimming pool, to first apply to the building official and obtain a permit before work begins. 2. The exemption list also singles pools out for a targeted carve-back on the fence side: while ordinary residential fences and privacy walls up to 7 feet are permit-exempt under item 2, that same item specifies 'replacement pool fences will require a building permit,' so a homeowner replacing a pool's required safety barrier cannot rely on the general fence exemption. 031, a rule aimed at commercial and community pools rather than a single-family backyard pool.

Violations & Fines

Constructing an in-ground or oversized pool without the required building permit exposes the owner to an increased permit fee under Section 105.1's local fee schedule once discovered, and the building official can issue a stop-work order under Section 104.3. Unpermitted pool work can also be referred to code enforcement before the Special Magistrate for further fines.

Frequently Asked Questions

Do I need a permit to install an in-ground pool?
Yes. Section 105.1 requires a Building Department permit for any pool that doesn't fit the narrow above-ground exemption in Section 105.2, and in-ground pools never qualify for that exemption.
Are small above-ground pools exempt from a permit?
Yes. A prefabricated above-ground pool under 24 inches deep holding no more than 5,000 gallons is exempt under Section 105.2, item 9, so long as it's accessory to a one- or two-family dwelling.
Do I need a permit just to replace my pool fence?
Yes. Section 105.2 specifically states replacement pool fences will require a building permit, even though ordinary fences under 7 feet are otherwise permit-exempt.
Does this cover public or community pools too?
No. Public swimming pools follow a separate rule at Section 105.1.4, which conditions the county building permit on proof of a state operating-permit application under Florida Statutes Section 514.031.

Sources & Official References

Other rules in Nassau County

All Nassau County rules

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