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Billings, MT Swimming Pools & Spas: Fencing & Safety Requirements (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Minimum fence height
4.5 feet
Trigger depth
18 inches or more
Gate requirement
Self-latching, latch at 4.5 ft
Alternative
Constant supervision or pool cover

Summary

Billings requires a 4.5-foot self-latching fence around any pool or pond 18 inches deep or more, per City Code Sec. 18-401.

Every person owning land on which there is situated a swimming pool, fish pond or other body of water which contains water eighteen (18) inches or more in depth at any point shall erect and maintain thereon an adequate fence sufficient to make such body of water inaccessible to small children. Such fence, including gates therein, must be not less than four and one-half (4½) feet above the underlying ground; all gates must be self latching with latches placed four and one-half (4½) feet above the underlying ground or otherwise made inaccessible from the outside to small children. Such gates shall be kept closed and securely latched when the area fenced is not under the supervision of a competent adult.

(b) In lieu of maintaining a fence, such person may provide a competent person who shall keep the pool under observation at all times while water is kept in the pool. If the pool is not under the observation of a competent person, a pool cover or other protective device may be used.

(Code 1967, § 10.76.010)

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 66 Update 2).

Full Breakdown

Under Sec. 18-401 of the Billings Municipal Code, anyone with a swimming pool, fish pond, or other body of water 18 inches deep or more must fence it so it's inaccessible to small children. The fence and any gates must stand at least 4.5 feet above ground, gates must self-latch with the latch mounted at 4.5 feet (or otherwise be inaccessible to small children from outside), and gates must stay closed and latched whenever a competent adult isn't supervising the area. Instead of a fence, an owner may keep a competent person watching the pool at all times water is in it, or use a pool cover or other protective device when unsupervised.

Violations & Fines

Unfenced or unlatched pools are a misdemeanor under the Code's general penalty (Sec. 1-110): a fine up to $500, up to 6 months in jail, or both, with each day of violation a separate offense.

Frequently Asked Questions

Does every backyard pool in Billings need a fence?
Only if the water is 18 inches deep or more anywhere in it. Shallower kiddie pools aren't covered by Sec. 18-401.
Can I skip the fence if someone watches the pool?
Yes. Sec. 18-401(b) lets you substitute constant adult supervision, or a pool cover when the pool is unsupervised, in place of a fence.

Sources & Official References

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