Is Your Cool Blue Pool Against the Rules?

by Scott Jangro on 23 July 2006

You cannot drive through a suburban neighborhood these days without spotting one of these inflatable swimming pools.

They’re popping up everywhere (pun intended.)

Last summer, being the great dad that I am, I joined the crowd. These pools come in many shapes and sizes, I got the 42″ high, 16′ diameter round pool for only a few hundred bucks. It was easy to set up (only a few hours), has it’s own electric filter and pump system. All in all, it worked out really well and most importantly, my 8 year-old daughter loved it. We had a blast.

However, I spent that summer with the nagging feeling that I was violating some law that swimming pools must be enclosed by a fence. I dismissed it with my own reassurance that it only applied to below-ground pools as kids could stumble accidentally into it. I did remove the ladder when it was not in use, so it would take a pretty motivated kid to get in there. (duh, is there any other kind?)

This summer has been a horribly humid one in Massachusetts but my laziness has prevented me from setting up the pool. Would it be “sour grapes” to say that it wasn’t a great idea anyway? It turns out that my concerns were valid and my self-assurances were not.

The Massachusetts Board of Building Regulations and Standards has published a statement on this subject: SWIMMING POOLS and the STATE BUILDING CODE (A BBRS Staff View, 7-11-06) where they reiterate:

Note that if the privately-owned pool has a water design depth greater than 24 inches (regardless of the pool’s surface area and regardless of whether the pool has a water circulation system), then the pool is classified as a private pool for Building Code purposes and barrier/fencing requirements, latching and alarm requirements and numerous other requirements of Section 421 are applicable even if the private swimming pool, is an on-ground swimming pool.

Emphasis on “on-ground” is theirs…

This emphasis relative to “on-ground” pools is made to remind the reader that even if the pool is just a large inflatable “on-ground” pool, for Building Code purposes, once the pool design depth exceeds 24 inches, 780 CMR, Chapter 4, Section 421 is applicable.

Enclosure requirements for private swimming pools are found in 780 CMR, Chapter 4, Section 421.10 of the Massachusetts building codes.

This statement makes it very clear that the now very popular “temporary” inflatable swimming pools are not exempt from these laws.

Your own state codes may vary, but it’s worth checking out. In fact, these rules do not apply in all states depending on definitions of “permanent” in regards to these pools. Local debates are raging in some cases. This will become more and more an issue as these pools become even more popular. In Massachusetts, permits are not required for these swimming pools and the building inspector is likely not going to drive around looking for violations — in fact even the most vigilant or assertive local inspectors may not even be allowed to do that. They must, however, investigate complaints.

But regardless of whether you’re following the letter of the law or interested in doing so, keep in mind the reason these laws exist in the first place — to keep your kids and your neighbors’ kids safe. If you invest the time and money into one of these pools, again very worth it in my opinion, don’t stop there. Set up an enclosure and keep it safe!

  • TripleX
    I think if you put out the ladder when you are not using that pool it is ok because 42" high it is enough for a 8 year old kid to be in a difficulty to climb in the pool without the ladder.But if the law says you need a fence I guess you might be forced to have one.

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  • Jackie
    I recently had an 18' Intex pool and before I set it up I called the city to find out the regulations. If the walls of the pool comply with the requirements of a pool fence standard, an additional fence is not required. However, you must remove the ladder when not in use.
    The pool we had was tall enough it did not require a fence, but we did have to remove the ladder when not in use. I also have driven around town and saw much smaller pools without fences. I know they are against city regulations. I was cautious enough to call the city and find out first. I definately didn't want to be illegaly putting a pool up or a danger zone for that matter.
  • Scott
    >> win their Darwin awards

    Not in my yard, thanks!

    I've also watched enough eposides of America's Funniest to know that a fence won't stop the true winners.
  • I've watched enough episodes of America's Funniest Home Videos to know that a large above ground pool is not a good idea.

    In the case of large above ground pools, the cost of repairing the damages from the flood might be more than the award for best video!

    As for the rules. Yep, we are an over regulated society. Our over active government is systematically removing all of the opportunity for youth to win their Darwin awards.
  • Kim
    According to my insurance agent (my mother), did you also know that insurance companies may drop your home owner's insurance if you don't disclose to them that you have a pool? Same with a trampoline.
  • John Coronella
    Dude, get yourself an inflatable fence.

    Done.
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