Maine state law (22 MRS § 1632) requires every swimming pool to be enclosed by a fence with gates or doors capable of being securely fastened when not in use. Portable above-ground pools with sidewalls of at least 24 inches are exempt. Portland enforces this baseline plus IRC pool-barrier standards under MUBEC.
Maine Revised Statutes Title 22 § 1632 is the operative state mandate: 'A fence shall be erected and maintained around every swimming pool, except that portable above-ground swimming pools with sidewalls of at least 24 inches in height are exempted. A dwelling house or accessory building may be used as part of this enclosure. All gates or doors opening through this enclosure shall be capable of being securely fastened at all times when not in actual use.' Portland is a MUBEC-enforcing municipality (population well above 4,000 — 25 MRS § 2451) and therefore additionally applies International Residential Code Appendix G pool-barrier standards: barriers at least 48 inches high; maximum 2-inch ground clearance; openings that will not pass a 4-inch sphere; self-closing, self-latching gates that open outward from the pool. Where a dwelling wall is used as part of the enclosure, doors must have an approved alarm or power safety cover. Pool installation requires a building permit from Portland Permitting & Inspections (electrical permit also required for bonded/grounded equipment).
An unenclosed pool is a public-safety code violation: Portland Permitting & Inspections can issue notices of violation, civil penalties, and require immediate barrier installation. The state-law mandate (22 MRS § 1632) is also independently enforceable. Civil liability for drowning of a trespassing child (attractive nuisance) is well-established in Maine common law.
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