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Rochester Hills, MI Swimming Pools & Spas: Fencing & Safety Requirements (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing standard
State construction code + § 138-10.107.B.1, C.2
Maintenance requirement
Free from defects, safety hazards, collapse
Cross-referenced height cap
6 feet (residential fence standard)
Enforcing department
Building Department

Summary

Swimming pool enclosures in Rochester Hills are exempt from the general fence chapter's usual applicability but must still meet the state construction code plus the ordinance's own maintenance standard and the six-foot residential fence height cap that Section 138-10.107 cross-references.

2.This article shall not apply to the following fences installed or replaced: ... b.Swimming pool enclosures as specified in the state construction code. Swimming pool enclosures shall meet the standards of Section 138-10.107.B.1 and Section 138-10.107.C.2. ... 1.Fences shall be installed and maintained free from defects, safety hazards and collapse, and shall be kept in good repair.

Full Breakdown

Section 138-10.107.A.2.b carves swimming pool enclosures out of the general applicability of the city's fence chapter, but only conditionally: the enclosure must be built as specified in the state construction code, and it must still meet the standards of Section 138-10.107.B.1 and Section 138-10.107.C.2 specifically. Section 138-10.107.B.1 requires that fences, including pool enclosures, be installed and maintained free from defects, safety hazards, and collapse, and be kept in good repair at all times. Section 138-10.107.C.2, the residential fence height rule, caps fences along side and rear lot lines at six feet, meaning a pool barrier built to the six-foot residential standard satisfies that cross-referenced height requirement.

Because the exemption in subsection A.2.b applies only to fences 'installed or replaced' after the ordinance's applicability clause, a pool enclosure erected as part of an approved site plan is separately exempt under Section 138-10.107.A.2.a. Rochester Hills relies on the state construction code, administered through the Building Department's permitting process, for the technical self-closing, self-latching gate and non-climbable barrier requirements that accompany residential pool construction permits citywide.

Violations & Fines

A pool enclosure that falls into disrepair, collapses, or fails to meet the six-foot residential height standard or the state construction code's barrier requirements is a code violation the Building Department can enforce through a municipal civil infraction and can require immediate repair or reconstruction of the barrier to prevent unsupervised pool access.

Frequently Asked Questions

Does my pool fence in Rochester Hills need to meet the general fence rules?
Pool enclosures are exempted from the fence chapter's general applicability under Section 138-10.107.A.2.b, but the exemption requires the enclosure to still meet the state construction code plus the maintenance standard in Section 138-10.107.B.1 and the six-foot height standard in Section 138-10.107.C.2.
How tall must my pool fence be in Rochester Hills?
The pool enclosure exemption cross-references Section 138-10.107.C.2, the residential fence rule capping side and rear lot line fences at six feet, so a pool barrier built to that six-foot standard satisfies the height requirement.
Who enforces pool fence maintenance in Rochester Hills?
The Building Department enforces the requirement in Section 138-10.107.B.1 that fences, including pool enclosures, be installed and maintained free from defects, safety hazards, and collapse, and be kept in good repair.

Sources & Official References

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