Mississippi Statewide Rule

Mississippi Pool Safety Act Fencing and Barrier Requirements

Heavy RestrictionsApplies statewide across Mississippi (2026)

Key Facts

Statute: Miss. Code Section 45-43
Barrier height: Minimum 4 feet
Gate: Self-closing, self-latching
Code basis: IRC 2018 Chapter 42
Regulator: MSDH and local code

Last verified: September 5, 2026Source: Justia Law

Summary

The William Lee Montjoy Pool Safety Act and the Mississippi Residential Code require enclosing residential and public pools with at least four-foot barriers, self-closing gates, and approved alarms or covers as a statewide minimum.

Except as otherwise provided by Section 45-43-11, the owner of a multiunit rental complex with a pool or a property owners association that owns, controls or maintains a pool shall completely enclose the pool yard with a pool yard enclosure. (2) The height of the pool yard enclosure must be at least forty-eight (48) inches as measured from the ground on the side away from the pool. (3) Openings under the pool yard enclosure may not allow a sphere four (4) inches in diameter to pass under the pool yard enclosure. (4) If the pool yard enclosure is constructed with horizontal and vertical members and the distance between the tops of the horizontal members is at least forty-five (45) inches, the openings may not allow a sphere four (4) inches in diameter to pass through the enclosure. (5) If the pool yard enclosure is constructed with horizontal and vertical members and the distance between the tops of the horizontal members is less than forty-five (45) inches, the openings may not allow a sphere one and three-fourths (1-¾) inches in diameter to pass through the enclosure. (6) The use of chain-link fencing materials is prohibited entirely for a new pool yard enclosure that is constructed after July 1, 2012.

Source: Justia LawView official code

Full Breakdown

Miss. Code Sections 45-43-1 through 45-43-31, the William Lee Montjoy Pool Safety Act, sets statewide barrier and entrapment-prevention rules for public pools, semi-public pools, and certain residential pools. Pools must be enclosed by a fence, wall, or barrier at least four feet high with no openings allowing a four-inch sphere to pass and self-closing, self-latching gates. The Mississippi Residential Code, Chapter 42 (IRC 2018 as adopted) imposes parallel rules on private residential pools, hot tubs, and spas, including door alarms or safety covers when a dwelling forms part of the barrier. These minimums apply statewide; local jurisdictions may add stricter requirements.

Violations & Penalties

Operating a public pool without an approved barrier, or building a residential pool without code-compliant fencing, gate hardware, or alarms, can result in permit denial, MSDH closure orders, and code-enforcement citations.

Frequently Asked Questions

Does Mississippi require a fence around a backyard pool?

Yes. The Mississippi Residential Code requires a four-foot barrier around residential pools and spas deeper than twenty-four inches, with self-closing gates and additional protection where the home wall serves as part of the enclosure.

What about above-ground pools?

Above-ground pools meet barrier rules if walls are at least four feet high and any access ladder is removable, lockable, or surrounded by a code-compliant barrier with self-closing gate.

Can my city require more than the state minimum?

Yes. Mississippi cities and counties commonly adopt stricter local pool fence ordinances. The state law is a floor, not a ceiling, on safety requirements.

Sources

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