New Bedford, MA Swimming Pools & Spas: Fencing & Safety Requirements (2026)
Key Facts
- Trigger depth
- Pools/ponds over 2 ft, aboveground pools over 4 ft
- Fence height
- 4 feet minimum above ground level
- Gate hardware
- Self-closing, self-latching device at top
- Building setback
- 3 feet minimum from any building
- Property line setback
- 6 feet minimum from property line
- Enforcement
- Inspector of Buildings under Section 5120
Summary
Any New Bedford pool deeper than 24 inches, or an aboveground pool four feet or more deep, must be fully enclosed by a fence at least four feet high under Zoning Section 2338. Every gate needs a self-closing, self-latching device mounted at the top, and the pool itself must sit at least 3 feet from any building and 6 feet from the property line.
2338. Protection of Swimming Pools and Fish Ponds. Every person owning land on which there is situated an inground swimming pool, an aboveground swimming pool four (4) feet or more deep, a fish pond or other natural or man-made body of water which constitutes an obvious hazard, having a depth at any point of more than two (2) feet, shall cause the same to be completely enclosed by a fence. All fence openings or points of entry into the land area shall be equipped with gates. The fence and gates shall be four (4) feet in height above the ground level. All gates shall be equipped with self-closing and self-latching devices placed at the top of the gate. Swimming pools or fish ponds, containing more than twenty-four (24) inches of water in depth, whether public or private, shall be located in such a way that it will not be closer than three (3) feet to any building, six (6) feet to any property line and shall not extend into any front yard or beyond the front sidewall of the dwelling on said lot.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 19).
Full Breakdown
" Every opening or point of entry through that enclosure needs a gate, and the fence and gates must stand at least four feet above ground level. Each gate must carry a self-closing and self-latching device fixed at the top of the gate, not partway down, so a small child cannot reach the latch. The section separately regulates placement: any pool or fish pond holding more than 24 inches of water, public or private, cannot sit closer than three feet to any building or six feet to any property line, and it cannot extend into the front yard or project beyond the front sidewall of the house.
This siting rule applies on top of, not instead of, the fencing duty, so a compliant pool still needs both the four-foot barrier and the yard setbacks. c. 40A, § 7.
Violations & Fines
An unenclosed or under-height pool barrier, a gate without a working self-closing and self-latching device, or a pool sited closer than 3 feet to a building or 6 feet to a property line is a zoning violation. The Inspector of Buildings, as Zoning Enforcement Officer under Section 5120, can order the owner to install a compliant fence or gate and can pursue the enforcement remedies available under M.G.L.A. c. 40A, § 7 for continued noncompliance.
Frequently Asked Questions
How tall does a New Bedford pool fence have to be?
Does the gate need a special latch?
How close to my house or property line can I put a pool?
Sources & Official References
Other rules in New Bedford
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