Maui County, HI Swimming Pools & Spas: Fencing Requirements (2026)

Maui County does not maintain a stand-alone pool-barrier ordinance; instead, it administers the Hawaii State Building Code and Hawaii State Residential Code as locally adopted in Maui County Code Chapter 16.26C (Building Code) and Chapter 16.08A (Residential Code), enforcement of which began October 28, 2023 for permits filed on or after that date. The Hawaii State Building Code is based on the 2018 IBC with Hawaii amendments; the Hawaii State Residential Code is based on the 2018 IRC and includes Appendix AG covering swimming pools, spas, and hot tubs. Under IRC Appendix AG / IBC Section 3109 as adopted, residential pools, spas, and hot tubs containing water more than 24 inches deep must be enclosed by a barrier whose top is at least 48 inches above grade on the side away from the pool. Openings in the barrier must not pass a 4-inch sphere; vertical-member spacing is limited to 1-3/4 inches when horizontal members are less than 45 inches apart, and up to 4 inches when horizontals are 45 inches or more apart. Chain-link mesh openings are limited to 1-3/4 inches unless slats reduce the opening. The maximum vertical clearance under the barrier is 2 inches measured on the side away from the pool. Pedestrian gates must open outward away from the pool, be self-closing, and have a self-latching device; latches lower than 54 inches above the bottom of the gate must be on the pool side of the gate with no opening greater than 1/2 inch within 18 inches of the latch. Where a wall of the dwelling serves as part of the barrier, doors with direct access to the pool must have an alarm or the pool itself must have an approved safety cover meeting ASTM F1346. Public and semi-public swimming pools (hotels, condos, parks) are regulated separately by the Hawaii State Department of Health under HRS sections 321-10 and 321-11 and HAR Chapter 11-10, which requires a continuous fence at least 4 feet high with self-closing, self-latching gates. Per Maui County Code Section 16.26B.108 / 16.26C.105 amendments, fences and walls 7 feet or less in height generally do not require a separate building permit, but pool barriers are still verified through the pool/spa permit and final inspection.