Pool without a fence

Did a 2004 home with a pool, that backs up to the golf course. Pretty nice neighborhood and home. Doesn’t appear that any fence was ever installed.
What am I missing? Everything I am looking up says a fence should be present. How did this one get by for CO??
It has a baby gate for direct home access, but anyone can just stroll on up and jump on in.

forgot the landing also.

Sean, it may depend on the jurisdiction. Was it a “golf course community”? Maybe they allow it. Did other houses on the course have pools with no fence? I’m not sure how the insurance companies even insure it.

I had an inground here in WV a few years back. Since I lived way up a hill, and far from any neighbor, my insurance company didn’t require a fence. (They told me they would not insure the pool if I installed a diving board though). I put a fence up to keep the deer from falling in the pool.

Looks like an inswing door. Landing not required.

In my area only lot sizes below a threshold require pool fencing.

I have yet to see a pool here without a fence or enclosure.

It’s required here as part of the permitting process.
A locking gate is also required.

Did it have a full baby fence that was removed?

It did, but that wouldn’t keep anyone from walking into the yard and jumping in.

It would be ok if the entire perimeter had a baby fence


515.27 Residential swimming pool safety feature options; penalties.—
(1) In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet at least one of the following requirements relating to pool safety features:
(a) The pool must be isolated from access to a home by an enclosure that meets the pool barrier requirements of s. 515.29;
(b) The pool must be equipped with an approved safety pool cover;
© All doors and windows providing direct access from the home to the pool must be equipped with an exit alarm that has a minimum sound pressure rating of 85 dB A at 10 feet; or
(d) All doors providing direct access from the home to the pool must be equipped with a self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor.
(2) A person who fails to equip a new residential swimming pool with at least one pool safety feature as required in subsection (1) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, except that no penalty shall be imposed if the person, within 45 days after arrest or issuance of a summons or a notice to appear, has equipped the pool with at least one safety feature as required in subsection (1) and has attended a drowning prevention education program established by s. 515.31. However, the requirement of attending a drowning prevention education program is waived if such program is not offered within 45 days after issuance of the citation.
History.—s. 1, ch. 2000-143.
515.29 Residential swimming pool barrier requirements.—
(1) A residential swimming pool barrier must have all of the following characteristics:
(a) The barrier must be at least 4 feet high on the outside.
(b) The barrier may not have any gaps, openings, indentations, protrusions, or structural components that could allow a young child to crawl under, squeeze through, or climb over the barrier.
© The barrier must be placed around the perimeter of the pool and must be separate from any fence, wall, or other enclosure surrounding the yard unless the fence, wall, or other enclosure or portion thereof is situated on the perimeter of the pool, is being used as part of the barrier, and meets the barrier requirements of this section.
(d) The barrier must be placed sufficiently away from the water’s edge to prevent a young child or medically frail elderly person who may have managed to penetrate the barrier from immediately falling into the water.
(2) The structure of an aboveground swimming pool may be used as its barrier or the barrier for such a pool may be mounted on top of its structure; however, such structure or separately mounted barrier must meet all barrier requirements of this section. In addition, any ladder or steps that are the means of access to an aboveground pool must be capable of being secured, locked, or removed to prevent access or must be surrounded by a barrier that meets the requirements of this section.
(3) Gates that provide access to swimming pools must open outward away from the pool and be self-closing and equipped with a self-latching locking device, the release mechanism of which must be located on the pool side of the gate and so placed that it cannot be reached by a young child over the top or through any opening or gap.
(4) A wall of a dwelling may serve as part of the barrier if it does not contain any door or window that opens to provide access to the swimming pool.
(5) A barrier may not be located in a way that allows any permanent structure, equipment, or similar object to be used for climbing the barrier.
History.—s. 1, ch. 2000-143.

That’s the risk and liability the owners chose to bear.

Maybe someone misinterpreted “no fences allowed” on the HOA? :slight_smile:

Does anyone know if there is a distance applied to this? I am trying to decide where to place a fence on a home I recently bought and there is limited room on one side between the edge of the pool and the screen door.

RS if barrier meets all other requirements
2012 ISPSC
305.2.10 Poolside Barrier Setbacks. The aquatic vessel side of the required barrier shall be not less than twenty (20) inches from the water’s edge.

RS if barrier meets all other requirements of 305
2012 ISPSC
305.2.10 Poolside Barrier Setbacks. The aquatic vessel side of the required barrier shall be not less than twenty (20) inches from the water’s edge.

also can consider structure wall as barrier meeting certain requirements as well

It needs a fence!

The state of Florida has staggering statistics when it comes to fatalities of young children and pool drownings. According to Florida Health, Florida loses more children under age five to drowning than any other state. Annually in Florida, enough children to fill three to four preschool classrooms drown and do not live to see their fifth birthday.

Florida law makes it mandatory for all outdoor swimming pools to have a 4-foot fence or other barrier around the pool. Entry through the fence and to the pool must open outward and have a self-closing and self-locking device that is beyond a child’s reach.

I believe there is only a distance requirement for removable pool fences, which is 20". I think you are safe using that as a guideline for a perimeter fence barrier or screen enclosure.

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