Swimming pool rules in Scarborough, Maine
Yes, with a building permit. Scarborough treats swimming pools as accessory buildings, so a pool needs a permit and must meet your district's setbacks (15 feet from side and rear lines in the main residential zones). Pools over 100 sq ft of surface area must be enclosed by a fence or barrier at least 4 feet high with self-locking doors.
| Classification | Pools are accessory buildings [1] |
| Permit | Building permit from the Code Enforcement Officer [3] |
| In-ground pool barrier (> 100 sq ft) | Fence at least 4 ft high with self-locking doors [1] |
| Above-ground pool barrier (> 100 sq ft) | Sides/barrier/fence at least 4 ft high with self-locking platform doors or removable ladder [2] |
| Side yard setback (residential districts) | 15 feet [4] |
Permit and classification
Section IX.A.12 states that swimming pools shall be accessory buildings [1]. Because the ordinance requires a permit from the Code Enforcement Officer before any building or structure is erected [3], plan on getting a building permit with a site plan showing the pool's location.
Fencing and barriers
- In-ground pools with more than 100 sq ft of surface area must be enclosed by a fence at least 4 feet high, with self-locking doors designed to keep children out [1].
- Above-ground pools over 100 sq ft must be enclosed by sides, barriers or a fence (alone or combined) at least 4 feet high, plus either self-locking platform doors or portable ladders removed when the pool is not in use [2]. The pool wall itself can count toward the 4-foot barrier.
- Pools of 100 sq ft or less are not covered by this barrier rule.
Setbacks
As accessory buildings, pools follow the district setbacks: in RF, RFM, R2, R3, R4 and R4A the side (and rear) yard is 15 feet [4], and the front yard is 30–50 feet depending on district and sewer service [5]. Pool area also counts toward the 20–25% building coverage limit for the district. Near water or wetlands, shoreland zoning requires structures to be at least 75 feet from the shoreline or wetland edge in the Shoreland Overlay and Stream Protection districts [6] (250 feet in Resource Protection).
Hot tubs
The ordinance does not separately address hot tubs or spas. A hot tub with more than 100 sq ft of surface area would fall under the pool barrier rule; smaller tubs are not addressed, so ask Code Enforcement whether a cover or other barrier is required.
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Next steps
- Call Scarborough Planning & Codes, (207) 730-4040, to confirm setbacks for your district.
- Prepare a scaled site plan showing the pool, fence/barrier, and distances to lot lines and any septic system.
- Apply for a building permit (and electrical permit for pumps/heaters) with the Code Enforcement Officer.
- Install the 4-foot barrier with self-locking gates before filling the pool.
Common questions
- Do I need a permit to build a pool in Scarborough, Maine?
- Yes. Scarborough treats swimming pools as accessory buildings, so plan on a building permit from the Code Enforcement Officer with a site plan showing the pool's location.
- Does a pool need a fence in Scarborough, Maine?
- Yes, for pools over 100 sq ft of surface area. In-ground pools need a fence at least 4 feet high with self-locking doors. Above-ground pools need sides, a barrier or fence at least 4 feet high, plus self-locking doors or a removable ladder.
- How far from the property line does a pool have to be in Scarborough, Maine?
- Pools follow the district setbacks. In RF, RFM, R2, R3, R4 and R4A, the side and rear yard is 15 feet.
- Does a hot tub need a fence in Scarborough, Maine?
- The ordinance doesn't address hot tubs. One with more than 100 sq ft of surface area would fall under the pool barrier rule. For smaller tubs, ask Code Enforcement whether a cover or barrier is required.
Maine state rules for pools
Building code (MUBEC): Maine's statewide building code adopts the 2021 International Residential Code, effective April 7, 2025. It must be enforced in towns with more than 4,000 residents. Smaller towns may choose to enforce it. Where it's enforced, your code officer applies the code's pool and spa provisions, including barrier (fence and gate) requirements, along with any town permit rules.
- Maine did not adopt the IRC appendix that covers pools (Appendix AG).
- State law lets a town adopt the pool-fencing standards in Appendix G of the 2009 IRC, without changes, even though it's outside the statewide code (10 M.R.S. §9724).
- So pool barrier rules depend heavily on your town: whether it enforces MUBEC, and whether it adopted the 2009 Appendix G fencing standards. Ask your code enforcement officer before you build.
Shoreland zone: A pool is a structure. Within 250 ft of a great pond, river, tidal water or wetland (75 ft of a stream), it must meet the shoreland setbacks, generally 100 ft from GPA great ponds and 75 ft from other waters. It also counts toward the 20% limit on non-vegetated lot coverage.
Hot tubs and spas follow the same code path as pools.
What the ordinance says
- Section IX.A.12 (General Performance Standards – Swimming pools), Zoning Ordinance Section IX – Performance Standards, p. 2
Swimming pools shall be accessory buildings. Swimming pools of more than 100 sq. ft. of surface area, except above ground pools, shall be enclosed by a fence of at least 4 ft. in height, equipped with self-locking doors of such structure as to exclude children.
- Section IX.A.12, Zoning Ordinance Section IX – Performance Standards, p. 2
Above ground pools of more than 100 sq. ft. surface area shall be enclosed by sides, barriers or a fence, any of which singly or in combination must be at least 4 ft. in height and shall be equipped with either (a) self-locking platform doors of such structure as to exclude children or (b) portable ladders which shall be removed when pool is not in use.
- Section IV.D Building Permit, Zoning Ordinance (Chapter 405), compiled, p. 20
No building or structure shall be erected, moved, added to or structurally altered without a permit therefore issued by the Code Enforcement Officer.
- Section XIII.B Space and Bulk Standards – Residential Districts, Zoning Ordinance (Chapter 405), compiled, p. 199
Minimum Side Yard* 15' 15' 15' 15' 15' 15'
- Section XIII.B Space and Bulk Standards – Residential Districts, Zoning Ordinance (Chapter 405), compiled, p. 199
Minimum Front Yard 50' 50' 40' 40' 30' 40' 30' (All Structures)
- Section 15.B.1(a), Shoreland Zoning Ordinance (Chapter 405C), p. 20
In the Shoreland Overlay and Stream Protection Overlay District, at least seventy-five (75) feet, horizontal distance, except as provided in the following subsection b.