New Mexico Swimming Pool Barrier Code Requirements

Under NMAC 14.8.3, the Construction Industries Division (CID) of the Regulation and Licensing Department adopted the 2012 Uniform Swimming Pool, Spa, and Hot Tub Code by reference, applying to all pool, spa, and hot tub construction subject to CID jurisdiction since May 1, 2015. Outdoor pools, including in-ground, above-ground, and on-ground pools, hot tubs, and spas, must be surrounded by a barrier with a top at least 48 inches above grade. Maximum vertical clearance between grade and barrier bottom is two inches on the outside face. Gates must be self-closing and self-latching. Vertical member spacing rules prevent child climbing. Local jurisdictions may adopt stricter requirements but cannot lower these state minimums.

Constructing a pool without a compliant barrier violates CID rules and can trigger stop-work orders, permit revocation, civil fines, and liability for child drowning incidents.