Midland, TX Swimming Pools & Spas: Fencing & Safety Requirements (2026)

Midland's swimming pool fencing rule sits in Chapter 4-5 of the Code of Ordinances, alongside the pool construction permit requirement in Sec. 4-5-3. Sec. 4-5-2 defines a 'swimming pool' as any structure containing an artificial body of water for swimming, diving or bathing that is two feet (24 inches) deep or more at any point, and that same 24-inch depth threshold triggers the barrier duty in Sec. 4-5-5: any new outdoor pool built after the ordinance, and any existing outdoor pool with water at least 24 inches deep, must be enclosed by a fence or wall at least four feet high with no opening, hole or gap larger than four inches, except at doors and gates; a picket fence must keep the same four-inch maximum spacing between pickets.

A dwelling house or accessory building can serve as part of the required enclosure, and the door of a dwelling that forms part of the barrier does not need the self-closing, self-latching hardware that every other gate or door in the enclosure must have. The duty to install and maintain the fence or wall falls on 'any person in possession of land' as owner, purchaser, lessee, tenant or licensee, not just the pool's builder. The Building Inspector or Health Department may modify the height, materials or location of the fence, wall, gate or latch on a showing of good cause, or approve a substitute protective device, so long as the substitute provides no less protection than the fence, gate and latch the ordinance describes, and must allow a reasonable time to comply.