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Boise, ID Swimming Pools & Spas: Fencing & Safety Requirements (2026)

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

Key Facts

Governing definition
'Nuisance, Special', § 11-06-03
Enforcement
Code Compliance Officers, Planning Director
Penalty basis
Violation under § 11-05-07
Criminal penalty
Up to $1,000 fine, 6 months jail
Applies to
Pools and hot tubs citywide

Summary

Boise's Development Code defines an improperly maintained or secured swimming pool or hot tub as an 'attractive nuisance,' putting owners at risk of code enforcement action and misdemeanor charges.

NUISANCE, SPECIAL: A. Attractive Nuisances: Any attractive nuisance dangerous to members of the public including, but not limited to, abandoned, broken, or neglected household appliances, equipment, and machinery, abandoned foundations or excavations deeper than 3 feet, or improperly maintained or secured pools and hot tubs.

Source: CPSC Virginia Graeme Baker Pool and Spa Safety ActView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-31: Code current through: Ord. 20-26, passed 6-9-2026).

Full Breakdown

The Development Code's definitions section lists an 'improperly maintained or secured' pool or hot tub, alongside abandoned excavations and neglected appliances, as a special nuisance dangerous to the public. Under Section 11-05-07, creating or maintaining a nuisance defined in the Code is itself a Code violation, which Code Compliance Officers investigate and enforce through notices of violation or injunctive relief. Violations are misdemeanors under Section 1-4-1, punishable by a fine up to $1,000, up to six months in jail, or both, with each day the pool remains unsecured counted as a separate offense.

Violations & Fines

Failing to secure a pool or hot tub is a Development Code violation and misdemeanor under Section 1-4-1: up to $1,000, six months in jail, or both, per day.

Frequently Asked Questions

Does Boise require a fence around my pool?
The citywide code text doesn't set a fence height or barrier spec; instead it treats an improperly secured pool as an 'attractive nuisance,' itself a Code violation subject to enforcement.
What happens if my pool is cited as a nuisance?
Code Compliance Officers can issue a notice of violation; maintaining the nuisance is a misdemeanor under Section 1-4-1, punishable by up to a $1,000 fine, six months in jail, or both.

Sources & Official References

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