Portland's Swimming Pools & Spas: The Rules That Matter

Every city handles swimming pools & spas a little differently. In Portland, Maine, there are 5 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Safety Rules

Portland follows the 2015 IRC anti-entrapment and barrier rules adopted via MUBEC for residential pools, while public/semi-public pools (apartment complexes, hotels, clubs) must additionally be licensed and inspected by the Maine DHHS Health Inspection Program under 22 M.R.S. ch. 266. Federal Virginia Graeme Baker Pool & Spa Safety Act drain-cover standards apply to public pools.

Key details: Residential rules: 2015 IRC barrier + alarm provisions via MUBEC. Public/semi-public: Licensed by Maine DHHS under 22 M.R.S. ch. 266. Drain covers: Must meet ANSI/ASME A112.19.8 (VGB Act). Door alarm: Required if dwelling wall forms part of enclosure. Diving boards: Setbacks/depth per NSPI/APSP-1 in IRC.

DHHS may suspend or revoke a public pool license for safety violations and impose civil penalties of up to $5,000 per violation under 22 M.R.S. §1645. For residential pools, code-enforcement penalties apply under Portland Code Chapter 6, and homeowners may face civil liability under Maine's attractive-nuisance doctrine if an unsupervised child is injured because barriers or alarms were noncompliant.

Fencing Requirements

Every outdoor swimming pool in Portland must be enclosed by a barrier at least 48 inches high under the 2015 IRC (adopted via MUBEC), with no openings allowing a 4-inch sphere to pass and no more than a 2-inch ground clearance. State law 22 M.R.S. §1632 separately mandates a fence around every pool, with gates capable of being securely fastened when not in use.

Key details: Minimum barrier height: 48 inches (4 ft) from finished grade. Max ground clearance: 2 inches between grade and barrier bottom. Max opening: Will not pass a 4-inch diameter sphere. Gate type: Self-closing, self-latching, opens outward. Latch height: ≥ 54 inches above grade (pool-side if lower).

Failure to maintain a compliant barrier is a code violation enforceable under MUBEC and 22 M.R.S. §1632. The Portland Code-Enforcement Office issues notices of violation requiring correction; failure to abate can result in civil penalties under Portland Code of Ordinances enforcement provisions and, where the violation contributes to drowning or injury, civil liability under the Maine common law of attractive nuisance. Portland may withhold the certificate of occupancy/use until barrier inspection passes.

This is not one of those rules that cities tend to ignore. Portland actively enforces its fencing requirements requirements.

Above-Ground Pools

Above-ground pools in Portland generally require a building permit and must meet the 48-inch barrier rules under the 2015 IRC. State law 22 M.R.S. §1632 exempts portable above-ground pools with sidewalls at least 24 inches high from the separate fence requirement, but the IRC barrier provisions still govern any pool capable of holding 24+ inches of water.

Key details: Building permit: Required for above-ground pools > 24 in deep. Pool wall as barrier: Acceptable if walls ≥ 48 in & ladder removable/locked. State exemption: Portable pools w/ ≥ 24-in sidewalls exempt from §1632 fence. Deck access: Deck or platform must be gated/fenced to IRC standards. Soft-side <24 in: Not regulated as a swimming pool.

An above-ground pool installed without the required permit or barrier triggers a stop-work / abate-the-violation notice from Portland Permitting & Inspections, with civil penalties under Portland Code Chapter 6 and the possibility of an after-the-fact permit at double fee. Civil liability under Maine's attractive-nuisance doctrine attaches if an unsupervised child accesses the pool.

Pool Permits

Portland requires a building permit to install any in-ground swimming pool and most above-ground pools, with review under the Maine Uniform Building and Energy Code (MUBEC). A separate plumbing permit is required if the pool ties into the water supply and an electrical permit is required for heaters, pumps, and lighting.

Key details: Building permit: Required for in-ground and most above-ground pools. Plumbing permit: Required when connected to potable water. Electrical permit: Required for heater, pump, lighting, bonding. Governing code: MUBEC (2015 IRC) per 25 M.R.S. §2451. Shoreland overlay: Additional review within 250 ft of protected waters.

Working without a required permit subjects the owner to a stop-work order and civil penalties under Portland's Land Use Code enforcement schedule, plus the requirement to apply for an after-the-fact permit (typically at double the standard fee). Continuing violations of MUBEC are enforceable under 25 M.R.S. §2373 and Portland Code of Ordinances Chapter 6 (Buildings and Building Regulations). Unsafe installations may be ordered removed at the owner's expense.

Hot Tub Rules

Portland does not require a separate building permit for a residential hot tub or spa, but the unit must be equipped with a safety cover meeting ASTM F1346. A plumbing permit is required for any potable-water connection and an electrical permit for heaters, pumps, and lighting. Hot tubs on raised decks may trigger structural review.

Key details: Building permit: Generally not required for stand-alone spa/hot tub. Cover standard: ASTM F1346-compliant safety cover required. Plumbing permit: Required for potable-water connection. Electrical permit: Required for heater, pump, lighting. Deck loading: Structural review if deck >30 in above grade.

Installing a hot tub without required electrical/plumbing permits is a violation enforced by the Portland Permitting & Inspections Department under Portland Code Chapter 6; after-the-fact permits are typically required at double fee. Operating without an ASTM F1346 cover voids the IRC enclosure exemption, exposing the homeowner to the same barrier requirements as a swimming pool and to civil liability under attractive-nuisance principles.

The Bottom Line

Portland's swimming pools & spas rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Portland is broadly strict or permissive.

This guide is based on Portland's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.