Gaithersburg, MD Swimming Pools & Spas: Fencing & Safety Requirements (2026)
Key Facts
- New pool barrier height
- 60 inches, § 5-19(23), (26)
- Pre-1990 pools
- 42-inch fence or automatic cover allowed
- Gate latch height
- At least 3 feet above ground
- Design ban
- No 'climbable' pattern on gates or barriers
- Timing
- Barrier must be up before pool is filled
- Also governed by
- Montgomery County Code Chapter 51
- Enforcement
- Planning and Code Administration Department
Summary
Gaithersburg raises the model pool barrier standard: new pool enclosures under the amended 2021 International Swimming Pool and Spa Code must stand at least 60 inches high, not the model code's 48 inches, and no barrier or gate may use a climbable pattern. Pools permitted before July 13, 1990 may instead keep a 42-inch fence with a latch at least 3 feet up, or use an automatic pool cover.
(6)Subsection 102.2. Existing Installations. Replace Section 102.2. with the following paragraph: "Existing pools for which building permit applications were submitted before July 13, 1990, must be enclosed by an approved 42- inch (1067 mm) fence or wall, and any latch or lock must be no less than 3 feet from the ground, or the pool must be equipped with an automatic pool cover in lieu of a fence, and the automatic pool cover must be closed whenever the pool is not attended"...(23)Subsection 305.2.1. Barrier height and clearances. In item 1. Change "48 inches (1219 mm)" to "60 inches (1524 mm)."
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 52 Update 1).
Full Breakdown
City Code § 5-19 modifies the adopted 2021 International Swimming Pool and Spa Code. 2 requiring a temporary or permanent fence or wall at least 42 inches high, of a type that warns of danger, around any pool 18 inches deep or greater while it is under construction. 4 to the same 60 inches. Items (24) and (25) add a design ban: openings in the barrier and the access gate or latch may not have a "climbable" pattern, a term the code defines at item (19) as anything usable like ladder rungs to scale a restricted area.
10: every barrier element must be installed before a pre-manufactured pool is set, before the pre-plaster inspection on a built-in pool, or before any water feature is filled, and the property owner is responsible for maintaining the barrier, while an adjoining owner or developer may not degrade it. Item (5) additionally requires pools, spas, and hot tubs to comply with Chapter 51 of the Montgomery County Code on top of the City rules. 1, is the enforcement agency and building official for this code.
Violations & Fines
City Code § 5-19(15) rewrites Subsection 113.4, Violation penalties: a barrier violation is "guilty of a municipal infraction, enforceable and punishable by a fine and/or penalty as established by the Mayor and City Council pursuant to Sections 1-9 through 1-11 of the City Code. Each day that a violation exists shall be deemed a separate offense." The same item lets the City pursue injunctive, mandamus, or other court action, and any court of competent jurisdiction may issue restraining orders or injunctions to force compliance.
Frequently Asked Questions
How high must a new pool fence be in Gaithersburg?
Is my older, shorter pool fence still legal?
Does the fence design matter, or just the height?
When does the barrier need to be installed during pool construction?
Sources & Official References
Other rules in Gaithersburg
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