Annapolis, MD Swimming Pools & Spas: Fencing & Safety Requirements (2026)
Key Facts
- Private hot tub barrier
- 4-foot enclosure, self-latching gate
- Alternative to fencing
- Locking spa cover accepted
- Shared/public spa barrier
- 6-foot enclosure required
- Private hot tub permit
- None if family-only, no fee
- Enforcing authority
- Health Officer (approving authority)
Summary
Annapolis treats backyard hot tubs and spas as swimming pools under Chapter 10.28: a private, family-only hot tub needs a protective enclosure -- a 4-foot fence with a self-latching gate or a City-approved locking cover -- but no operating permit.
shall be erected when operating, constructing or maintaining a private or public swimming pool within the City. The enclosure, including gates, shall not be less than six feet above the underlying ground for public swimming pools and not less than four feet for private swimming pools. All gates must be self-latching with latches placed four feet above the underlying ground or otherwise made inaccessible from the outside to small children. For a private swimming pool, a natural barrier, hedge, pool cover or other protective devices approved by the approving authority may be used so long as the degree of protection afforded by the submitted devices is not less than that afforded by the enclosures described in this section.
(Prior code § 14-49(A)(3))
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 2025 Update 2).
Full Breakdown
Annapolis Code Section 10.28.010 defines spa, including hot tub, whirlpool and hydrotherapy pool, as a type of swimming pool covered by Chapter 10.28. A hot tub used solely by a homeowner's family and guests without a fee qualifies as a private swimming pool under Section 10.28.010(D), so it skips the public-pool operation permit, operator's license and lifeguard licensing in Sections 10.28.060 through 10.28.080. It still needs a barrier under Section 10.28.030: a 4-foot enclosure with a self-latching gate, or a City-approved alternative such as a locking spa cover. A shared hot tub at a hotel, gym or club not drained and refilled after each bather is a public swimming pool needing the full permit and a 6-foot enclosure.
Violations & Fines
Violating Chapter 10.28 -- no enclosure, or operating a public spa without a permit and licensed operator -- is a misdemeanor under Section 10.28.160, punishable by a fine or imprisonment set by City Council resolution.
Frequently Asked Questions
Does my backyard hot tub need a permit in Annapolis?
What barrier does a private hot tub need?
What if I share my hot tub at a condo pool or rent it out?
Sources & Official References
Other rules in Annapolis
Compare Annapolis to another location·View the Maryland swimming pools & spas overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.