Thanks for your responses. My town's bylaws says at least 5' high. But when I drive around and look at other homes on my street (newer pools), some have 4 feet. So, I'm confused... others are definitely below 5 feet.
This is the only fence on my property... I have a 40 foot wide x 16 foot deck with stairs overlooking my pool. The gate/fence will start about 8 feet from the deck. 5 feet is so high, you have to tip toe to see over it. And notice that 4.5 feet is up to my chest... I can see everything. I'm just hoping 5 feet isn't so big, tall and and too high for the pool area since it's around the pool area only. I may not have a choice though if my town's bylaws is legit.
I would go by the laws of your town/county. You could pay fines and have to redo it if they ever came out for an inspection for whatever reason and the fence wasn't to code.
Plus if you put in a lower height fence than required by law and something awful were to happen you may be held responsible.
Just my 2 cents.
Check with your homeowners insurance company too. Their requirements may be different from your homeonwers association by- laws or your county building codes. The county may say 4.5 but your homeowners ins may require 5 ft.