Swimming pool fences are a necessary and legal requirement throughout the three counties in Delaware. Although the state does not have specific laws for residential pools each county does. Here we will list each county within Delaware and hit key points you should know if you plan to have an in-ground pool installed. 

KENT COUNTY

• The top of the fence must not be less than 48" above grade measuring on the side that faces away from the pool.
• The vertical clearance between the grade and the bottom of the fence shall not exceed 2" unless the grade is solid like concrete then it can not exceed 4".
• Openings in the fence (space between each spindle if applicable) shall not exceed 4"
• Chain link fence diamond mesh must be no more than 1 3/4", you may insert privacy slats into the standard mesh as long as there are no openings more than 1 3/4"
• When a fence is composed of vertical & horizontal members (rails) & the distance between the tops of the horizontal member is 45" or more, spacing between the vertical members (pickets) shall not exceed 4"
• When a fence is composed of vertical & horizontal members & the distance between the tops of the rail is less than 45", spacing between the pickets may be no more than 1 3/4" in width.
• Clear Zone: there should be a clear zone of not less than 36" from the fence and any permanent structures or equipment such as, pumps filters, heaters, and adjacent fence (yes, you read that right, you can not be near your neighbor's fence) electric boxes, ect.
• All pedestrian gates shall open outward (away from the pool), and have self-closing hinges & a self-latching device. The latch must be installed 54" from the bottom of the gate up. Double gates can be "service gates" and must be locked when not in use. 
• Reference: "Kent County Levy Inspection & Enforcement" Kent County Pool Barrier Info Sheet
• Kent County Planing & Inpections # (302) 744-2471

New Castle County

• Fence needs to be at least 4' to 54" depending on style.
• New Castle County Pool Fence regulations mirror Kent County Code (see above or below for NCC PDF)
• Reference: "New Castle County Gov. Site" >  NCC POOL FENCE INFO SHEET

SUSSEX COUNTY

• A fence around a pool needs to be 4' high, simply just that.
• A walk space at least three feet wide shall be provided between pool walls and protective fences. Every swimming pool shall be protected by a safety fence or barrier at least four feet in height and constructed of chain-link, concrete, stockade-wood or equal.
• Sussex County is the only County in Delaware that follows a different code than the other two counties.
• There are Municipalities located in Sussex that have different regulations than the county. Ex. The Town of Millsboro requires no shorter than 5' high for a fence around a Pool.
• Reference: "Sussex County Gov. Site" Sussex County Pool Fence
• Sussex Building Code # (302) 855-7860

The above information is subject to change at any time. Always check with the county you reside in or if you are within City or Town limits you must check with that municipality. We hope this article was helpful.

The Pierce Fence Team.

Wondering how tall your fence can be in Delaware? The rules do not just apply statewide many municipalities have their own rules and regulations. Lucky for us Delaware only has three counties and we will break down each county for you here:

KENT COUNTY

•  For a fence to be considered legal it should be at least 4' in height. 
• You may install a residential fence up to 7' high but you should be aware of setbacks in the front yards as well as corner lots. 
• No permit is needed in Kent County for a fence up to 7' unless* it is around a Pool or Daycare.
• Reference: "Kent County Levy Inspection & Enforcement" Fencing FAQ Kent County Gov

Sussex County

• Fences may reach a height of 7' on the back and sides lines. Unless on a corner lot.
• Maximum height in the front yard is 3.5' 
• Reference: "Sussex County Gov. Site" Sussex County Zoning Brochure

New Castle County 

• Legal height is 4'  
• All residential properties are permitted to have a fence but must be constructed of materials specifically for a fence.
• No fence shall exceed 6' in height unless for ballcourts.
• Reference: "New Castle County Gov. Site" FAQ All About Fences NCC

Be aware that neighborhoods with HOAs and/or being within city or town limits of Municipalities can be different as they tend to have their own set of regulations and setbacks. You should always reach out to them and look for any updates because requirements are subject to change.

If you live in a subdivision aka a development then there is a good chance you have an HOA. Obtaining approval for your fence from the HOA is a very important first step when looking to have a fence installed on your property. Here are a few helpful steps when considering a fence while under an HOA.

First: locate your documents that are known as the Covenants, Conditions, and Restrictions. This should have been given to you when you purchased your home. You also may be able to locate them on the county site that you reside in. If neither of that works talk to a neighbor and see if they can help point you in the direction of your HOA president or property management company. At times they will also dictate whether the fence is allowed in the front yard, back, or how far up the side of your house the fence can be placed. The rules may dictate which materials are acceptable for fences, what colors your fence can be, and the height of the fence. 

Second: Once you have read the restrictions or by-laws and have determined what type, style, height, and placement of the fence may be prior to installing it on your property. These first two steps are recommended prior to contacting a fence company so you are aware of what will be approved. This will help narrow your decisions when speaking with your fence contractor.

Third: Present your plans. Within your CC&R's there should be contact information for whom you need to submit your paperwork too. Most have an application with basic info you list. It will ask for info such as height, color, and a description of the desired fence such as "225' of 4' high 3- Rail Ranch rail fence in white, w/1-4' single gate". Along with this, you can submit a picture of the fence you would like to have approved.

Failing to submit all required paperwork can lead to a delay. Some HOA's conduct only monthly meetings to review the applications submitted so give yourself ample time to get your response in a timely manner. If you want to install a fence that is not currently allowed according to your HOA guidelines, you may have to file an appeal with the board or face fines.

We hope this article was helpful and if you have any questions regarding HOA documents call our office at 302-674-1997 ext. 3 or submit a question on our general contact form.

GENERAL CONTACT FORM

When it comes to fencing for local businesses, there are many options available. From chain link to wood, vinyl to metal, there is a fencing solution to fit any budget and any need. At Pierce Fence Company, we provide a variety of commercial fencing solutions to meet the needs of our customers.

Chain link fencing is a popular choice for businesses due to its affordability and durability. Chain link fences are strong, secure, and can be installed quickly. They come in a variety of heights to meet the security needs of any business. Chain link fences are also easy to maintain and can be customized with a variety of colors and finishes to match the aesthetic of any business.

Wood fencing is another popular option for businesses. Wood fences offer a classic, natural look that is attractive and can be customized to fit any business. Wood fences are available in a variety of styles and heights, and can be stained or painted for a unique look. Wood fences are also relatively easy to maintain and can last for years with proper care.

Vinyl fencing is a great option for businesses looking for a low-maintenance solution. Vinyl fencing is available in a variety of styles and colors, and is extremely durable and long-lasting. Vinyl fencing is also very cost-effective and is easy to install.

Metal fencing is an ideal choice for businesses that need a strong, secure fencing solution. Metal fencing is available in a variety of finishes, including galvanized, powder-coated, and aluminum. Metal fencing is also very durable, and can be easily customized to fit any business’s security needs.

At Pierce Fence Company, we offer a variety of commercial fencing solutions to meet the needs of your business. We provide expert installation and repair services, and can help you find the perfect fencing solution for your business. Contact us today to learn more about the commercial fencing options available.