What does a pool barrier violation notice actually mean in Florida?
A pool barrier violation notice means the local code office has found that the barrier around your residential pool (the fence, gate, door or other enclosure) does not meet the requirements, and it gives you a date to correct the problem. Chapter 515, Florida Statutes (the Residential Swimming Pool Safety Act), together with the Florida Building Code, calls for a barrier with gates and doors designed to keep young children from reaching the water.
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The notice is about child safety, not appearance. It will name what was found, such as a gap, a damaged section or a gate that does not close and latch by itself. The exact requirements and deadlines vary by city and county, so the notice and the local building department are the sources to rely on.
How the process works
In Florida, code enforcement is handled locally under Chapter 162, Florida Statutes. It generally starts with a notice of violation that identifies the problem and gives the owner a reasonable time to correct it. If the problem is not corrected, the case is set for a hearing before a code enforcement board or special magistrate. That body issues an order with a compliance date, and a fine may be imposed for each day the violation continues past that date. A certified copy of an order imposing a fine can be recorded in the public records, where it becomes a lien on the property.
The repair itself often needs a permit. The Florida Building Code (section 105.1) requires a permit for most construction, alteration and repair work, and the city or county building department with jurisdiction over the property issues it and inspects the barrier. If a fence or gate was built without a permit, it generally has to be permitted after the fact, which can involve drawings and inspections. The building department decides whether it can be permitted as built or has to be rebuilt to the approved height and position.
Storm damage is a common cause. Hurricane winds bring fences down, and fence work falls under the Florida Building Code wind requirements, which are strictest in the High-Velocity Hurricane Zone of Broward and Miami-Dade. Where the area requires it, components must be approved for those conditions.
What you can check yourself
- Read the notice closelyNote exactly what is cited, the compliance date and any hearing date. Questions about your own case, including deadlines, hearing dates, fines and liens, go to the code enforcement office named on your notice.
- Look at the gate and latchSee whether the gate closes and latches by itself every time. A latch that sticks, a loose hinge or a gate that swings open is a common reason for a notice.
- Walk the barrier for gaps and damageLook for broken or leaning sections, gaps at the ground or between boards, and storm damage. Take dated photos to keep with the notice.
- Keep the pool closed offUntil the barrier is fixed, keep children away from the pool and keep the area closed off. A broken latch or a gap should be fixed first.
- Ask about permit statusYour local building department can tell you whether a permit exists for the fence or barrier, and whether any permit is open or expired. An open permit stays on the property record until it is properly closed out.
When to call us
Call us when the barrier needs repair or rebuilding, when the fence was built without a permit, or when you are not sure what the notice is asking for. We are a licensed Florida contractor (Florida Certified Building Contractor CBC1267336). Have the notice, any order and your photos ready. We read the notice with you and look at the property. The estimate is free, and the price is agreed in writing before work starts. You can reach us at (954) 906-7864 or through the form on the website.
We are a contractor, not a law firm. We do not represent owners at hearings and we do not negotiate fines or liens. Those matters are decided by the board, magistrate or local government named on your notice, so take them to that code office.
What we will do
- Work out what the barrier needsWe compare what the notice cites with the property, and check the survey for the property line and setbacks when the fence position is in question.
- Repair or rebuild under a permitWe repair or rebuild the fence, wall or gate to code, and pull the permit under our licence, including an after-the-fact permit when one is needed.
- Bring the barrier in line with the rulesWe work to bring the pool barrier in line with Chapter 515 and the Florida Building Code, using wind-rated components where the area requires them.
- Schedule inspections and hand over paperworkWe schedule the inspections through to final and work to get the permit closed out. We then give you the paperwork to show the code office named on your notice.
Work by 360 Home Improvements, Florida Certified Building Contractor CBC1267336. Electrical, plumbing and AC work goes to our Florida-licensed subcontractors, who pull that trade's permit.
Related questions
- Can I fix the gate latch myself?
- Small adjustments are something many owners handle, but the barrier still has to meet the requirements the building department inspects. If the repair needs a permit, or you are unsure what applies to your pool, the building department can confirm the requirements.
- Does a pool barrier repair need a permit?
- Often it does, since the Florida Building Code (section 105.1) requires a permit for most repair and construction work. What counts as needing a permit varies by city and county, so check with your local building department.
- What if my fence was built without a permit?
- Work done without a permit generally has to be permitted after the fact, which can involve drawings, inspections and sometimes opening up finished work. The building department decides whether it can be permitted as built or must be rebuilt.
- How much will the work cost?
- It depends on the scope of the violation, whether a permit or after-the-fact permit and drawings are needed, the materials, and whether wind-rated components are required. We give a free estimate and agree the price before work starts.
This page is general information about Florida code enforcement, not legal advice. For questions about your own case (deadlines, hearing dates, fines or liens), contact the code enforcement office named on your notice, or a Florida attorney.
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- Every code violation question we have answered
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Tell us what the notice says and where the property is, and we'll get back to you about the work it needs.
Code Violation Solver is run by 360 Home Improvements, a licensed Florida contractor. We fix the condition behind the violation; the code office named on your notice decides the case.