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Southborough, MA Swimming Pools & Spas: Fencing & Safety Requirements (2026)

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

Key Facts

Minimum enclosure height
Four feet
Approving official
Building Inspector
Permit
Building Department, before construction or alteration
Exempt
Ponds and portable wading pools under 24 inches deep and 250 square feet
Penalty
$20 fine plus $5 per week of noncompliance
Exceptions
Select Board, after public notice and hearing

Summary

In Southborough, every outdoor wading or swimming pool must be enclosed by a fence, wall or other suitable barrier at least four feet high that meets the approval of the Building Inspector. Pools built totally aboveground need removable stairs. Owners who fail to comply face a $20 fine plus $5 for each further week.

A. All outside or open-air wading or swimming pools, in existence or to be constructed or installed, shall be enclosed and made safe by the erection of a fence, wall or other suitable barrier; said fence and/or other type of enclosure shall be a minimum of four feet in height and otherwise meet with the approval of the Building Inspector. B. Pools built totally aboveground whose height would form a natural barrier shall have removable stairs and shall not be left unattended with these stairs in position. ... Artificial and man-made ponds and portable wading pools less than 24 inches deep and having a surface area of less than 250 square feet are exempt from the terms and conditions of this chapter. ... The owner or owners of land on which a wading or swimming pool is ... constructed, installed or in existence, who fails to comply with the requirements of this chapter, shall be punished by a fine of $20 and an additional fine of $5 per week for each week the conditions of this chapter are not complied with.

Full Breakdown

Chapter 155 of the Southborough Code covers all outside or open-air wading or swimming pools, whether already in existence or to be constructed or installed. Section 155-2(A) requires each pool to be enclosed and made safe by a fence, wall or other suitable barrier, and it sets the minimum height of that enclosure at four feet. Past that single number, the enclosure must otherwise meet with the approval of the Building Inspector, so the Inspector judges the remaining design questions. The chapter prints no self-closing or self-latching gate requirement.

Section 155-2(B) addresses pools built totally aboveground whose height would form a natural barrier. Those pools shall have removable stairs and cannot be left unattended with the stairs in position.

Section 155-1 requires a permit from the Building Department before any swimming pool or appurtenance is constructed, installed, enlarged or altered. Section 155-3 exempts artificial and man-made ponds and portable wading pools that are less than 24 inches deep and have a surface area of less than 250 square feet. Section 155-4 gave owners of existing pools 90 days from the date the chapter took effect to erect an enclosure. Under § 155-6, the Select Board can grant exceptions on petition, after public notice and hearing, where it finds the exception will not be injurious to the neighborhood or otherwise not detrimental to the public welfare. That section carries an 11-1-2021 Special Town Meeting Article 2 amendment note.

Pool placement is a separate zoning question. In the Residence A District, § 174-8.2(D)(3) prints a 10-foot rear and side setback for swimming pools, against the general 50-foot rear and 25-foot side setbacks.

Violations & Fines

The owner or owners of land on which a wading or swimming pool is constructed, installed or in existence, and who fail to comply with Chapter 155, are punished by a fine of $20 and an additional fine of $5 per week for each week the conditions of the chapter are not complied with (§ 155-5). The fine attaches to the landowner. Building or altering a pool without the Building Department permit required by § 155-1 is a failure to comply with the chapter.

Frequently Asked Questions

How tall must a pool fence be in Southborough?
At least four feet. Section 155-2(A) says the fence, wall or other type of enclosure shall be a minimum of four feet in height and otherwise meet with the approval of the Building Inspector. The chapter prints no other height figure, so the Inspector's approval governs the remaining design questions for a given pool.
Do aboveground pools in Southborough need a fence?
Section 155-2(B) singles out pools built totally aboveground whose height would form a natural barrier. They shall have removable stairs and shall not be left unattended with the stairs in position. Subsection (B) does not say it replaces the enclosure rule in subsection (A), so confirm the application to a specific pool with the Building Department.
Is a permit required to build a pool?
Yes. Section 155-1 states that no swimming pool or appurtenance thereto shall be constructed, installed, enlarged or altered until a permit has been obtained from the Building Department. The permit step applies to enlargements and alterations as well as new pools.
Are small wading pools covered?
Portable wading pools are exempt only when they are less than 24 inches deep and have a surface area of less than 250 square feet, as § 155-3 prints. Artificial and man-made ponds meeting the same depth and area figures are exempt too. A larger or deeper wading pool falls under the enclosure rule.
Who can grant an exception to the fence rule?
The Select Board. Section 155-6 lets it grant exceptions on petition, after public notice and hearing, in cases where it finds the exception will not be injurious to the neighborhood or otherwise not detrimental to the public welfare.

Sources & Official References

Other rules in Southborough

All Southborough rules

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