Horn Lake enforces residential swimming pool barrier rules through its city-adopted edition of the International Residential Code under Miss. Code Ann. § 21-19-25, plus the William Lee Montjoy Pool Safety Act (Miss. Code Ann. §§ 45-43-1 to 45-43-31) for owners associations. The IRC Appendix AG105 standard requires barriers at least 48 inches high with no openings allowing a 4-inch sphere to pass and self-closing, self-latching gates. The Montjoy Act bans new chain-link enclosures (after July 1, 2012), bans low diagonal members below 49 inches, and requires gate latches at least 60 inches above ground. A Horn Lake Pool Permit is required.
Mississippi has no general statewide residential pool barrier statute applicable to single-family homeowners; Miss. Code Ann. § 21-19-25 grants Horn Lake authority to adopt building codes by ordinance. Horn Lake's Code of Ordinances Chapter 8 Building and Building Regulations adopts the International Residential Code, which through Appendix AG105 governs swimming pool, spa, and hot tub barriers for any pool, spa, or hot tub with water depth greater than 24 inches. The IRC standard requires the barrier to be at least 48 inches high measured on the side away from the pool; openings cannot allow a 4-inch sphere to pass; gates must open outward, be self-closing, and be self-latching. Where a pool latch is less than 54 inches above the bottom of the gate, the latch must be on the pool side and the gate cannot have any opening greater than 1/2 inch within 18 inches of the latch. Separately, the William Lee Montjoy Pool Safety Act (Miss. Code Ann. §§ 45-43-1 through 45-43-31) governs pool yard enclosures owned by certain property owners or owners associations: section 45-43-7 prohibits chain-link fencing materials for new pool yard enclosures constructed after July 1, 2012, prohibits diagonal fencing members lower than 49 inches above the ground for new enclosures after that date, and limits decorative cutout openings to 1-3/4 inches in any direction. Section 45-43-9 requires gate latches at least 60 inches above the ground (or, if lower, on the pool yard side and 3 inches below the top of the gate, with no opening greater than 1/2 inch within 18 inches of the latch). The Horn Lake Planning and Development Department (662-393-6705) issues a Pool Permit and a separate Fence Permit.
Installing a residential pool without a Horn Lake Pool Permit, or with a non-compliant barrier, violates Chapter 8 of the Code of Ordinances and the adopted IRC. The Building Department can issue stop-work orders and withhold final inspection until corrections are made. POAs and HOAs that fail to install or maintain Montjoy Act-compliant pool yard enclosures are subject to enforcement under Miss. Code Ann. § 45-43 et seq. An unsafe or unfenced pool may also be cited as a public nuisance under city code enforcement.
Horn Lake, MS
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