During the installation or construction of a swimming pool, the pool must be entirely enclosed by a temporary barrier. The temporary barrier may be a temporary fence, a permanent fence, the wall of a permanent structure, any other structure, or any combination of those. However, the temporary barrier must:
Be at least 4 feet high
Prevent access to the swimming pool by any person not installing or constructing the pool
Remain in place until a permanent pool barrier is provided
Be replaced by a permanent pool barrier within either:
90 days of the date of issuance of the building permit for the installation or construction of the swimming pool
90 days of the date of commencement of the installation or construction of the swimming pool
The code enforcement official may extend the time period to complete the permanent barrier for good cause, including, but not limited to, adverse weather conditions delaying construction.
There are some exceptions to the requirement for temporary pool barriers:
Above-ground or on-ground pools where the pool structure itself serves as the barrier
Spas or hot tubs with a safety cover, as long as the safety cover remains in place during the installation or construction
The safety cover can be removed temporarily for the installation or construction of the hot tub or spa if at least one person engaged in the installation or construction is present
