Dukes County, MA Swimming Pools & Spas: Fencing Requirements (2026)

Massachusetts is a state-code jurisdiction with no county-level building authority on Martha's Vineyard. Dukes County government provides regional services such as the County Manager's office, the Sheriff, Registry of Deeds, the Martha's Vineyard Airport, the Martha's Vineyard Commission (regional planning and DCPC review), and public health surveillance through the Dukes County Health Council, but it does not issue building permits or enforce pool barrier rules. Residential swimming pool barriers are governed by 780 CMR (the Massachusetts State Building Code, currently the 9th Edition based on the 2015 IRC/IBC with MA amendments) which incorporates the ISPSC. ISPSC Section 305 requires the top of the barrier to be at least 48 inches above grade on the side facing away from the pool, with no more than 2 inches of vertical clearance from grade (4 inches over a solid surface). Openings cannot allow passage of a 4-inch sphere. Where horizontal members of the barrier are less than 45 inches apart, vertical-member spacing is limited to 1.75 inches; where 45 inches or more apart, spacing may be up to 4 inches. Chain-link mesh openings are limited to 1.75 inches unless slats reduce them. Pedestrian access gates must open outward away from the pool, be self-closing, and have a self-latching device; if the release is below 54 inches it must be on the pool side, with no opening over 0.5 inch within 18 inches of the latch. Where a wall of a dwelling forms part of the barrier, doors providing direct pool access must have an audible alarm meeting UL 2017, or an approved self-closing/self-latching alternative such as a power safety cover (ASTM F1346). For public and semipublic outdoor inground pools (resorts, inns, condominiums and homeowner associations across Edgartown, Oak Bluffs, Tisbury, Chilmark, West Tisbury and Aquinnah), MGL c.140 §206 and 105 CMR 435.40 require a fence at least 6 feet high (board/stockade may be 5 feet, chain link if over 5 feet), firmly secured at ground level, with no opening wider than 3 inches other than the gate. Gates must be self-latching with the latch 4 feet above the ground or otherwise made inaccessible to children up to 8 years of age. Public pools must be inspected annually by the local building inspector and operate under a permit from the town board of health. Coastal and pond-front construction across the Vineyard (much of Edgartown, Oak Bluffs, Tisbury, Chilmark, Aquinnah and the Elizabeth Islands in Gosnold) frequently falls in FEMA V/AE flood zones and must also comply with 780 CMR Chapter 16 floodproofing rules that may affect equipment elevation and barrier post embedment. Districts of Critical Planning Concern (DCPCs) administered by the Martha's Vineyard Commission and town zoning bylaws may layer additional setback or screening requirements but cannot reduce the state-code minimums.