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Maine Statewide Rule

Maine state law: public pool safety rules

Heavy RestrictionsApplies statewide across Maine (2026)

Key Facts

Statute
22 MRS § 1623 et seq.
Rule
10-144 CMR Chapter 202
Regulator
Maine DHHS Health Inspection Program
Free chlorine
1.0-5.0 ppm
pH
7.2-7.8
Anti-entrapment
VGB Act-compliant drain covers
Private pools
NOT covered (MUBEC only)

Summary

Per 22 MRS § 1623 et seq. and 10-144 CMR Chapter 202, Maine DHHS licenses and inspects public and semi-public pools: water chemistry, anti-entrapment drain covers (VGB Act), lifeguard staffing, and signage. Private backyard pools are not covered by these rules.

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.

Source: 22 MRSA §1635 - Use of safety equipment in public poolsView official code

Full Breakdown

Per 22 MRS § 1623 et seq. (Public swimming pools, hot tubs and spa pools), public and semi-public swimming pools, hot tubs, spas, and special-use pools in Maine, including pools at hotels, motels, apartment complexes, condominium and HOA common areas, fitness clubs, summer camps, water parks, and YMCAs, are licensed and regulated by the Maine Department of Health and Human Services, Health Inspection Program, under 10-144 CMR Chapter 202 (Rules Relating to Public Pools). 4 ppm); maintain required turnover/circulation rates; install Virginia Graeme Baker Pool and Spa Safety Act-compliant anti-entrapment drain covers; provide lifeguard staffing where required by occupancy and pool design; post depth markings at the deep and shallow ends; display 'No Diving' signs in shallow areas; properly store chemicals; and submit to scheduled and complaint-driven DHHS inspections. , they are governed only by MUBEC building/barrier rules (10 MRS § 9722) and common-law premises liability.

Violations & Penalties

Operating a public/semi-public pool without a DHHS license, or operating with critical violations (improper chlorine, broken anti-entrapment cover, fecal contamination not addressed), can result in DHHS-ordered closure under 22 MRS § 1641, license suspension or revocation, and civil penalties. Repeat or knowing violations of public-health rules may trigger criminal liability under 22 MRS Title 22.

Frequently Asked Questions

Does Maine inspect private backyard pools?
No. Maine DHHS Health Inspection rules at 22 MRS § 1623 et seq. and 10-144 CMR Chapter 202 apply only to public and semi-public pools: hotels, apartments, condos, gyms, camps, and waterparks. Private single-family backyard pools are governed only by the building code (MUBEC) and common-law premises liability.
Does my apartment complex pool need to be licensed?
Yes: pools at apartment complexes, condominiums, and HOA common areas are 'semi-public' pools under 22 MRS § 1623 and must be licensed annually by Maine DHHS Health Inspection Program under 10-144 CMR Chapter 202. Inspections check water chemistry, anti-entrapment drain covers, signage, and lifeguard requirements.

Sources

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