Can a Pool Safety Cover Replace a Fence in Maryland, DC, Virginia and West Virginia?
No. A winter safety cover does not replace a required pool fence or barrier. The swimming pool code that Virginia and West Virginia use exempts a pool from the barrier rules only when it has a powered (automatic) safety cover that meets ASTM F1346. Maryland’s state rules now say a pool with a powered cover must also meet the barrier sections. Confirm with your county building office before you rely on any cover.
By the Calm Water Pools Team | Last verified: September 28, 2026 | General information, not legal advice
What the codes say, by jurisdiction
Pool barrier rules come from Section 305 of the International Swimming Pool and Spa Code (ISPSC), which states and counties adopt and amend. The text below is what we verified. Local rules change, so treat the county building office as the final word.
| Jurisdiction | What the code text says | Source |
|---|---|---|
| Virginia (including Fairfax and Loudoun Counties) | ISPSC 2021 Section 305.1 says pools equipped with a powered safety cover complying with ASTM F1346, and spas or hot tubs with a lockable F1346 cover, are not required to comply with Sections 305.2 through 305.7. The barrier height in 305.2.1 is at least 48 inches. | ISPSC 2021 text (UpCodes) |
| Maryland | The state amends Section 305.1 by replacing “not” with “also,” so the provisions of Sections 305.2 through 305.7 also apply to a pool with a powered cover. In effect, a powered cover no longer exempts a new pool from the barrier rules. Counties may add their own rules. | COMAR 09.12.56.05 |
| Washington, DC | DC applies its own version of the ISPSC with DC amendments. Confirm the current barrier rule with the Department of Buildings before relying on a cover. | DC Department of Buildings |
| West Virginia (Berkeley County) | The county pool permit checklist cites Section 305 of the 2018 ISPSC. It requires a barrier at least 48 inches high, exempts pools with a powered F1346 safety cover, and requires spas and hot tubs to have a lockable F1346 cover. Berkeley County building office: 304-264-1966. | Berkeley County pool permit checklist |
| West Virginia (Jefferson County) | Pools require a permit. Ask the county for its barrier and cover requirements. | Jefferson County building permits |
Powered cover versus winter safety cover
The exemptions above name a powered safety cover, meaning an automatic cover that a motor draws across the pool on tracks, and they require it to meet ASTM F1346. The code text does not list a manual, spring-and-strap winter safety cover as a barrier substitute. A winter cover protects children and pets while the pool is closed, and it is built to be anchored into the deck and support weight. That is different from serving as the code-required barrier.
Powered covers are also not automatically a fence replacement everywhere. Maryland’s amendment above is one example of a jurisdiction that has moved away from that exemption. See our guide on automatic vs. winter safety covers for how the two cover types differ.
What to do
- Do not remove or skip a fence because you have a winter cover. Keep the barrier your permit requires.
- Before you build, remove or change a fence, call the county building office. Ask what barrier rules apply to your pool and whether any cover counts.
- If you are considering an automatic cover as your barrier, ask about local amendments first. The state code and the county rules may differ.
- Use the winter cover for what it does well. It keeps debris and sunlight out and protects the pool while it is closed. See our winter safety covers page and how to verify an ASTM F1346 cover.
Frequently asked questions
Can a winter safety cover replace a pool fence?
No. In the code text we reviewed, the barrier exemption applies to a powered (automatic) safety cover that meets ASTM F1346, not to a manual winter safety cover. Confirm your local rule with the county building office.
Does a powered safety cover replace a fence in Virginia?
The ISPSC 2021 text says a pool with a powered safety cover complying with ASTM F1346 is not required to comply with the barrier sections 305.2 through 305.7. Ask your county building office how it applies to your pool.
What about Maryland?
Maryland’s state amendment to Section 305.1 replaces “not” with “also,” so a pool with a powered cover must also comply with the barrier sections. Counties can add their own rules, so check with yours.
What about Berkeley County, West Virginia?
The county’s pool permit checklist requires a 48-inch barrier and exempts pools with a powered safety cover that complies with ASTM F1346. Call the county building office at 304-264-1966 to confirm.
Do I still need a fence if I have a winter safety cover?
Yes, if your permit requires a barrier. A winter safety cover protects the closed pool, but it does not take the place of the required barrier.
Sources: ISPSC 2021, Chapter 3 (UpCodes); Maryland COMAR 09.12.56.05; Berkeley County, WV pool permit checklist; DC Department of Buildings. Code editions and local amendments change; confirm current requirements with your building office.