Maryland Fencing Requirements (2026)

Key Facts

Statute: Md. Pub. Safety 12-501
Code: ISPSC + IRC App. G
Min fence height: 48 inches
Trigger depth: Over 24 inches

Full Breakdown

Md. Code Ann., Public Safety Section 12-501 directs the Department of Labor to adopt and update the Maryland Building Performance Standards (MBPS), which incorporate the International Residential Code (IRC) Appendix G and the International Swimming Pool and Spa Code (ISPSC). These require any pool deeper than 24 inches to be enclosed by a barrier at least 48 inches high with self-closing, self-latching gates and pickets no more than 4 inches apart. Local jurisdictions enforce the code but cannot adopt weaker standards; they may impose stricter requirements through local amendments.

Violations & Penalties

Building code violation; stop-work orders, civil penalties, and denial of occupancy until compliant.

Frequently Asked Questions

Does the Maryland fence rule apply to small kiddie pools?

No. The barrier rule applies to pools, spas, and hot tubs holding water more than 24 inches deep. Inflatable kiddie pools below that depth are exempt from the state-mandated fencing requirement.

Can my county require a higher fence than 48 inches?

Yes. Local jurisdictions may adopt stricter amendments to the Maryland Building Performance Standards. They cannot weaken the 48-inch minimum, self-closing gate, and self-latching requirements set by the state-adopted code.

Maryland Adopts International Pool Code Fencing Statewide

Key Facts

Full Breakdown

Violations & Penalties

Frequently Asked Questions

Sources

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