Pearl Zoning Ordinance Section 1004 requires every residential swimming pool to be enclosed by a structure or fencing at least four (4) feet in height with a self-latching gate, and located behind the front line of the house with at least 10 feet between the pool rim and any property line or recorded easement. The Mississippi William Lee Montjoy Pool Safety Act (Miss. Code Ann. Sections 45-43-1 to 45-43-31) layers additional barrier requirements on top, including diagonal-member and gate-latch standards.
Pearl regulates residential pools at the local level through Section 1004 (R-1 district) and parallel sections 1104 (R-2) and 1404 (R-E) of the Zoning Ordinance adopted November 3, 2020. The operative language: pools must be "located behind the front line of the house, and there shall be a minimum of 10 feet between all property lines or recorded easements and the rim of the swimming pool. All swimming pools shall be enclosed by a structure or fencing. Fences shall be at least four (4) feet in height and shall have a self-latching gate." On top of the local rule, Mississippi enacted the William Lee Montjoy Pool Safety Act, codified at Miss. Code Ann. Sections 45-43-1 to 45-43-31. Section 45-43-7 prohibits diagonal fencing members lower than 49 inches above the ground for new pool yard enclosures constructed after July 1, 2012. Section 45-43-9 requires pool-yard gates to have hardware enabling locking by padlock, key, card, or combination, with the gate latch installed at least 60 inches above the ground - unless the latch is on the pool side, at least 3 inches below the top of the gate, with no opening greater than 1/2 inch within 18 inches of the latch. Pearl enforces these standards together through the Office of Community Development at 2420 Old Brandon Road. A building permit is required for any in-ground or above-ground pool installation under Chapter 8 (Buildings) of the Code of Ordinances, and Mississippi has adopted a statewide Residential Code based on the IRC, which applies to barrier construction.
Installing a pool without a building permit, with a barrier shorter than 4 feet, without a self-latching gate, or closer than 10 feet to any property line violates Pearl Zoning Ordinance Section 1004 and Chapter 8 of the Code of Ordinances. The Office of Community Development can withhold final inspection, issue stop-work orders, and require corrective work. Civil penalties under Miss. Code Ann. Title 45, Chapter 43 may also apply, and a non-compliant pool may be cited as an attractive nuisance.
Pearl, MS
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Pearl, MS
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