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Billings, MT Swimming Pools & Spas: Pool Permits (2026)

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

Swimming pool permit rules in Billings, MT, also covering above-ground pools, in-ground pools, and spa installations, set fencing, barrier, alarm, and inspection requirements.

Key Facts

Trigger depth
18 inches of water
Fence height
at least 4.5 feet
Gate latch height
4.5 feet above ground
No-fence alternative
constant supervision or pool cover
Max penalty
$500 fine, 6 months jail

Summary

Billings requires a 4.5-foot self-latching fence around any above-ground pool holding 18 inches of water or more, unless a supervising adult or pool cover is used instead.

Every person owning land on which there is situated a swimming pool, fish pond or other body of water which contains water eighteen (18) inches or more in depth at any point shall erect and maintain thereon an adequate fence sufficient to make such body of water inaccessible to small children. Such fence, including gates therein, must be not less than four and one-half (4½) feet above the underlying ground; all gates must be self latching with latches placed four and one-half (4½) feet above the underlying ground or otherwise made inaccessible from the outside to small children. Such gates shall be kept closed and securely latched when the area fenced is not under the supervision of a competent adult.(b)In lieu of maintaining a fence, such person may provide a competent person who shall keep the pool under observation at all times while water is kept in the pool. If the pool is not under the observation of a competent person, a pool cover or other protective device may be used. (Code 1967, § 10.76.010)

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 66 Update 2).

Full Breakdown

City code Sec. 18-401 treats any above-ground or portable pool the same as an in-ground pool or fish pond once it holds 18 inches of water or more: the owner must fence it with a barrier at least 4.5 feet tall, including self-latching gates with the latch mounted 4.5 feet up. Gates must stay closed and latched whenever a competent adult isn't supervising. Owners can skip the fence only by keeping a competent person watching the pool at all times water is in it, or by using a pool cover or other protective device when no one is watching.

Violations & Fines

Sec. 18-401 isn't designated a municipal infraction, so a violation falls under the Code's general misdemeanor penalty: up to a $500 fine or six months in jail, with each day counted separately.

Frequently Asked Questions

Does an above-ground pool need a fence in Billings?
Yes. Once it holds 18 inches of water or more, Sec. 18-401 requires a 4.5-foot self-latching fence, unless a competent adult keeps constant watch or the pool is covered when unattended.
Can I use a pool cover instead of a fence?
Yes - Sec. 18-401 lets owners substitute constant adult supervision or a pool cover/protective device for a fence, but only while no one is actively watching the water.

Sources & Official References

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