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Idaho Statewide Rule

Idaho Day Care Swimming Pool Fence Requirements

Some RestrictionsApplies statewide across Idaho (2026)

Key Facts

Statute
Idaho Code 39-1109
Minimum fence height
4 feet
Max vertical opening
4 inches
Gate
Self-closing, self-latching
Applies to
Licensed day cares
Last verified: July 31, 2026

Summary

Idaho requires every licensed day care with a pool, hot tub, or pond on the premises to enclose it with a fence at least four feet high, fitted with self-closing, self-latching gates and vertical openings no wider than four inches.

The fence must be at least four (4) feet high with no vertical opening more than four (4) inches wide, be designed so that a young child cannot climb or squeeze under or through the fence, surround all sides of the pool and have a gate that is self-closing and that has a self-latching mechanism in proper working order out of the reach of young children.

Full Breakdown

Idaho Code section 39-1109 sets the pool-fence standard for pools, hot tubs, ponds, and other bodies of water on any premises holding a basic day care license. The barrier must stand at least four feet high, surround all sides of the pool, allow no vertical opening wider than four inches, and be built so a young child cannot climb or squeeze under or through it. Gates must be self-closing with a self-latching mechanism in proper working order, placed out of the reach of young children. The Idaho Department of Health and Welfare enforces the fence standard as a condition of the day care license.

Violations & Penalties

Fencing a day care pool below these specifications violates the license conditions in Idaho Code section 39-1109, exposing the operator to denial, suspension, or revocation of the basic day care license by the Department of Health and Welfare.

Frequently Asked Questions

Does Idaho require a fence around every home swimming pool?
No. Section 39-1109 mandates pool fencing only on licensed day care premises. Residential pool barriers fall under the state building code and local ordinances instead.
How tall must a day care pool fence be in Idaho?
At least four feet high, with no vertical opening wider than four inches and a self-closing, self-latching gate kept out of the reach of young children.

Sources

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