Montana adopts the International Swimming Pool and Spa Code (ISPSC). Under it, a residential pool, hot tub, or spa must be enclosed by a barrier at least 48 inches tall for the entire perimeter, with gates that swing outward and self-close and self-latch.
Montana adopted the 2021 International Swimming Pool and Spa Code statewide (ARM 37.115.106, Circular FCS 3-2022, effective February 2023). Section 305 sets the residential barrier: the top of the barrier must be at least 48 inches above grade for the entire pool perimeter, openings must not pass a 4-inch sphere, and clearances at the bottom are limited. Where a Yellowstone County or city building code applies, this barrier is enforced through the building permit. On rural unincorporated land with no adopted building code, the county may set no local barrier rule, but the ISPSC standard is the recognized safety benchmark.
A pool without a compliant barrier can be cited where a building code applies; the county or city can withhold final inspection and require correction before use.
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Yellowstone County, MT
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