Swimming pool rules in Bourne, Massachusetts
Yes, but in Bourne you need permits from both the Building Department and the Health Department for any pool 24 inches or deeper, 250 sq ft or larger, or with a permanent filter system. Every new or altered pool needs a barrier at least 48 inches high with self-closing, self-latching gates, and the pool can't be filled until the Building Inspector has inspected the fence.
| Permits | Building permit and Health permit [1] |
| Permit needed if | 24 in. or deeper, 250 sq ft or more, permanent recirculating system, structural materials, or a pool house/equipment shed [2] |
| Surface-area trigger | 250 sq ft or more [11] |
| Distance from septic | Tank 10 ft; leaching area 20 ft (shown on plot plan) [4] |
| Barrier height | At least 48 inches, measured outside the fence [5] |
| Gap under barrier | Max 2 inches (4 inches if mounted on an above-ground pool) [5] |
| Gates | Open outward, self-closing and self-latching, lockable [7] |
| Filling the pool | Not until the fence is installed and inspected by the Building Inspector [8] |
| Zoning | Pools of 4,000+ gallons are 'structures' and count toward lot coverage [10] |
Two permits
In Bourne, pool permits are pulled through both the Health Department and the Building Department [1]. The town's pool brochure (undated) says a permit is required for pools 24 inches or deeper, pools of 250 sq ft or more of surface area [11], pools with a permanent recirculating system, pools using structural materials, and pool houses or equipment sheds [2]. A soft-sided inflatable pool deeper than 24 inches needs added barrier protection, a fence and ladder enclosure [3].
The application includes pool specifications, a barrier and gate detail, and a plot plan showing the pool's distance from the septic tank (10 ft) and leaching area (20 ft) [4], the house, property lines and the barrier. Electrical and plumbing permits are separate. Above-ground pools get a final inspection only, and in-ground concrete pools get rough and final inspections.
Barrier (fence) rules
The Board of Health's pool regulation (amended 2014) applies to all new pools and to existing pools that are renovated or altered:
- The barrier must be at least 48 inches above grade, measured on the outside, with no more than a 2-inch gap at the bottom [5].
- On an above-ground pool, the barrier can be mounted on top of the pool wall, with no more than a 4-inch gap [6].
- Gates must open outward away from the pool, be self-closing and self-latching, and accept a lock [7].
- If the pool wall itself is the barrier, the ladder or steps must lock, be removable, or be fenced.
- The pool can't be filled until the fence has been installed and inspected by the Building Inspector [8].
Temporary wading pools under 2 feet high or under 250 sq ft are exempt if they have no recirculating system and no structural materials [9].
Zoning
Bourne's zoning has no separate pool section. A pool holding 4,000 gallons or more counts as a "structure," so it must meet setbacks, and it counts toward maximum lot coverage [10]. Near wetlands or in a flood zone, check with the Conservation Commission.
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Next steps
- Get a certified plot plan showing the pool, its distance from the septic tank and leaching area (the brochure lists 10 ft and 20 ft), property lines, structures and the barrier location.
- Apply for both a Building permit and a Health permit through the town's OpenGov portal (Building 508-759-0600 ext. 1512; Health ext. 1513).
- Install a barrier at least 48 inches high with self-closing, self-latching gates, and have the Building Inspector inspect it before you fill the pool.
- Get separate electrical (and plumbing, if needed) permits through licensed contractors.
Common questions
- Do I need a permit for an above-ground pool in Bourne, Massachusetts?
- Yes, if it's 24 inches or deeper, 250 sq ft or larger, or has a permanent filter system. Pool permits come from both the Building Department and the Health Department.
- Do you need a fence around a pool in Bourne, MA?
- Yes. Every new or altered pool needs a barrier at least 48 inches high, measured outside, with no more than a 2-inch gap at the bottom and self-closing, self-latching gates. The pool can't be filled until the Building Inspector has inspected the fence.
- Can an above-ground pool wall be the barrier in Bourne, Massachusetts?
- Yes. A barrier can be mounted on top of the pool wall with no more than a 4-inch gap, and if the wall itself is the barrier, the ladder or steps must lock, be removable, or be fenced.
- Does a pool count toward lot coverage in Bourne, Massachusetts?
- Yes. A pool holding 4,000 gallons or more counts as a structure under zoning, so it must meet setbacks and counts toward maximum lot coverage.
Massachusetts building code rules for pools
Under the State Building Code (780 CMR, 10th edition), residential pools, spas and hot tubs must meet the 2021 International Swimming Pool and Spa Code (ISPSC) as adopted in Massachusetts.
Permits:
- A building permit is needed for any pool except prefabricated pools under 24 inches deep.
- Plans for in-ground pools must be prepared by a registered design professional (an engineer or architect).
- Wiring must meet the Massachusetts Electrical Code (527 CMR 12.00), and gas pool heaters must meet the state plumbing and gas code (248 CMR).
Barrier (fence) requirements (ISPSC §305):
- The barrier must be at least 48 inches high, measured on the side away from the pool.
- The gap under the barrier can be no more than 2 inches over grass or gravel, or 4 inches over concrete.
- Pedestrian gates must open outward away from the pool, be self-closing and self-latching, and be able to take a lock.
- If a house wall forms part of the barrier, doors and low windows opening to the pool need an audible alarm (or another listed option).
- In-ground pool construction sites need temporary fencing at least 4 feet high from excavation until the permanent barrier is up.
- Spas and hot tubs with a lockable safety cover meeting ASTM F1346, and pools with a powered safety cover meeting that standard, are exempt from the barrier rules.
Local zoning still controls pool setbacks, and wetlands rules may apply near water.
What the bylaw says
- Building and Inspection FAQ - Swimming Pools, Building and Inspection FAQs (sheds, pools, fences, permitting process), p. 1
Pools permits are required to be pulled through Health and Building
- Pool Brochure - Permit Required, Building & Health Departments - Swimming Pool Permit Brochure, p. 1
Pools 24” or greater in depth, and/or;
- Pool Brochure - Soft Side Inflatable Pools, Building & Health Departments - Swimming Pool Permit Brochure, p. 1
form of a fence and ladder enclosure is required for this type of swimming pool if greater than 24” in depth.
- Pool Brochure - Plot Plan, Building & Health Departments - Swimming Pool Permit Brochure, p. 1
o Septic System Tank: 10’ o Leaching: 20’
- BOH Residential Swimming Pool Regulation, item 1, Board of Health Residential Swimming Pool (fence/barrier) Regulation (amended May 14, 2014), p. 1
1. The top of the barrier or fencing shall be at least 48 inches above finished ground level measured on the side of the barrier which faces away from the swimming pool. The maximum vertical separation between the finished ground level and the bottom of the barrier shall be 2 inches measured on the side of the barrier which faces away from the swimming pool.
- BOH Residential Swimming Pool Regulation, item 2, Board of Health Residential Swimming Pool (fence/barrier) Regulation (amended May 14, 2014), p. 1
Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches.
- BOH Residential Swimming Pool Regulation - access gates, Board of Health Residential Swimming Pool (fence/barrier) Regulation (amended May 14, 2014), p. 2
Pedestrian access gates shall open outwards away from the pool and shall be self closing and have a self latching device.
- BOH Residential Swimming Pool Regulation, item 11, Board of Health Residential Swimming Pool (fence/barrier) Regulation (amended May 14, 2014), p. 3
11. No pool is to be filled until the fencing has been installed and inspected by the Building Inspector.
- BOH Residential Swimming Pool Regulation, item 12, Board of Health Residential Swimming Pool (fence/barrier) Regulation (amended May 14, 2014), p. 3
12. Temporary wading pools which are less than 2 feet in height or which have less than 250 square feet of surface area will be considered exempt from this regulation as long as they are not equipped with a water-recirculating system or involve structural materials.
- Section V Definitions - Maximum Lot Coverage, Town of Bourne Zoning Bylaw ('2025 Zoning Bylaw', as most recently amended at the Special Town Meeting October 20, 2025), p. 199
Maximum Lot Coverage The sum of all horizontal areas of all structures whether roofed or not, including decks and swimming pools that have a capacity of 4000 gallons or more in volume.
- Pool Brochure - Permit Required, Building & Health Departments - Swimming Pool Permit Brochure, p. 1
Pools with a surface area 250sq ft. or greater,