Leominster is a city in Worcester County that issues local building permits for all pool installations through its Building Department, while relying on Massachusetts state code for the actual barrier specifications: 780 CMR (the State Building Code, which adopts IRC Appendix G / AG105) plus 105 CMR 435 and M.G.L. c. 143. The city's published guidance requires a 6-foot setback to property lines, a 10-foot setback to structures, and compliance with 780 CMR Sections 421.9 through 421.11 for enclosures and ladders.
Leominster's Code of Ordinances (hosted on Municode) does not contain a stand-alone swimming pool chapter; pools are treated as accessory structures under the Zoning Ordinance and Chapter 4 (Buildings) incorporates the State Building Code by reference. The Leominster Building Department's published pool guidance requires a building permit for every pool, with the pool no closer than 6 feet to any property line and no closer than 10 feet to any structure (house, garage, shed, etc.), and explicit compliance with 780 CMR Sections 421.9 through 421.11 covering enclosures, gates, and ladders. The actual barrier specifications come from 780 CMR (10th Edition), which adopts IRC Appendix G, Section AG105, for private residential pools, hot tubs, and spas with water depth of 24 inches or more. Under AG105.2 the barrier must be at least 48 inches above finished ground level on the side facing away from the pool, the maximum vertical gap between ground and barrier is 2 inches, and no opening may permit passage of a 4-inch diameter sphere. Where horizontal members on the pool side are spaced less than 45 inches apart, vertical members may not be more than 1.75 inches apart; where horizontals are 45 inches or more apart, verticals may not exceed 4 inches. Gates under AG105.3 must be self-closing and self-latching, must open outward away from the pool, and if the release mechanism is less than 54 inches above the bottom of the gate it must be located on the pool side at least 3 inches below the top, with no opening greater than 0.5 inch within 18 inches of the release. Where a wall of the dwelling forms part of the barrier, doors with direct pool access need either an audible alarm sounding at least 30 seconds within 7 seconds of opening, or a self-closing/self-latching device meeting AG105. 105 CMR 435 (State Sanitary Code Chapter V, Department of Public Health) sets sanitary standards primarily for semi-public and public pools, not single-family residential pools. M.G.L. c. 143 governs enforcement authority. Leominster also requires that fences over 6 feet in height obtain a separate fence permit, and fences over 8 feet require a Special Permit from the City Council. An electrical permit is required for bonding and grounding under 527 CMR 12.00 (Massachusetts Electrical Code).
Installing or filling a pool without a code-compliant barrier violates 780 CMR and Chapter 4 of the Leominster Code. The Leominster building inspector may issue stop-work orders, refuse a certificate of occupancy or final inspection, and impose fines under M.G.L. c. 143 §94 of up to $1,000 per day per violation. Operating without a permit can also trigger a criminal complaint in Leominster District Court. Civil liability for drowning or injury follows Massachusetts premises-liability law and homeowner insurance carriers may deny coverage where the barrier was non-conforming.
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