Port St. Lucie requires a fence or suitable enclosure around every pool, and if a fence is used it must be a minimum of four (4) feet and a maximum of six (6) feet in height (City Code Sec. 158.216(G)). The barrier is also governed by the state Residential Swimming Pool Safety Act (Fla. Stat. Ch. 515).
City Code Sec. 158.216(G), 'Enclosures for Swimming Pools,' provides that where any pool is constructed on a lot in the city there shall be a fence or suitable enclosure 'as set forth in the Standard Swimming Pool Code' around the pool area, and the pool area is considered to include the concrete patio. If the enclosure is a fence it must be a minimum of four (4) feet and a maximum of six (6) feet in height; the enclosure requirement does not apply where an otherwise-complying residential fence at least five (5) feet high has already been constructed. Beyond the local fence rule, Florida's Residential Swimming Pool Safety Act (Fla. Stat. Ch. 515) and the Florida Building Code, Residential Sec. R4501.17 set the substantive barrier standard: the barrier must be at least 4 feet high on the outside, with no gaps or footholds a young child could use to crawl under, squeeze through, or climb over. The city's Residential Swimming Pool, Spa and Hot Tub Safety Act Notice of Requirements lets the owner choose among isolating the pool with a Code-compliant enclosure, an approved safety cover, exit alarms or self-latching devices on doors with direct pool access, or a certified pool alarm. Fences used as pool barriers 'must be inspected to verify compliance with FBC 4101.7 and must include Pool Alarm/Barrier Affidavit' per the city's Residential Fence Permit Application.
Failure to have a compliant barrier installed at final inspection (or when the pool is completed for contract purposes) is a violation of Chapter 515, Florida Statutes, and the Florida Building Code, treated as a misdemeanor of the second degree punishable by fines up to $5,000.00 and/or up to sixty (60) days in jail under Chapter 775, Florida Statutes. Locally, fence and enclosure violations are enforced by Port St. Lucie Code Compliance under Sec. 158.216.
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