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Topeka, KS Swimming Pools & Spas: Fencing & Safety Requirements (2026)

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

Key Facts

Adopted code
International Swimming, Pool and Spa Code
Governing section
TMC § 14.20.060(u)
Permit-exempt pools
<24in deep, <5,000 gal, above-ground
Also applies
International Property Maintenance Code

Summary

Topeka requires all swimming pools, spas, and hot tubs, including their required barriers and enclosures, to be designed and built under the International Swimming, Pool and Spa Code (ISPSC), per TMC § 14.20.060(u).

3109.1, General, is hereby deleted in its entirety and the following provisions shall be substituted therefor:The design and construction of swimming pools, spas and hot tubs shall comply with the International Swimming, Pool and Spa Code, Additionally, provisions of the International Property Maintenance Code as adopted are applicable.

(v) 3201.3, Other laws, is hereby deleted in its entirety and the following provisions shall be substituted therefor:Regulation of public rights-of-way; encroachments. The City has a right to regulate public rights-of-way for the benefit of the public. Encroachments into the public right-of-way that solely benefit a private person or organization will not be allowed unless the applicant demonstrates that any private benefit is incidental and there is an overall benefit to the public.

(w) 3202.3, Encroachments 8 feet or more above grade, is hereby deleted in its entirety and the following provisions shall be substituted therefor:Encroachments 8 feet (2,438 mm) or more above grade shall comply with Sections 3202.3.1 through 3202.3.4.

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 20671, passed July 14, 2026).

Full Breakdown

TMC § 14.20.060(u) replaces IBC § 3109.1 and directs that pool, spa, and hot tub design and construction in Topeka comply with the International Swimming, Pool and Spa Code (ISPSC), the model code that sets barrier height, self-closing/self-latching gate, and alarm requirements for residential pools; provisions of the adopted International Property Maintenance Code also apply. The same amendments section (TMC § 14.20.060(f)(7)) exempts only small prefabricated pools under 24 inches deep and 5,000 gallons that sit entirely above ground from needing a building permit: larger and in-ground pools need a permit and an ISPSC-compliant barrier before Development Services approves them.

Violations & Fines

Building or maintaining a pool, spa, or hot tub without an ISPSC-compliant barrier violates the adopted building code; the Development Services Division can withhold permit approval or issue a violation notice.

Frequently Asked Questions

What pool code does Topeka use for barrier and fence rules?
The International Swimming, Pool and Spa Code, adopted by amendment at TMC § 14.20.060(u), replacing IBC § 3109.1's general pool provision.
Does every backyard pool need a permit and barrier?
No. TMC § 14.20.060(f)(7) exempts prefabricated above-ground pools under 24 inches deep and 5,000 gallons; larger or in-ground pools need a permit and an ISPSC-compliant barrier.

Sources & Official References

Other rules in Topeka

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