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.