Swimming pool rules in Brookline, Massachusetts
Yes, with a building permit. Under the version of Brookline's Zoning By-Law we reviewed (effective 2018), a swimming pool is allowed in every district except in the required front yard. A pool in a required side or rear yard needs a Board of Appeals special permit unless it is screened by a planted strip at least 4 feet wide that will form a dense year-round screen at least 6 feet high within three years.
| Where allowed | All districts, except in the required front yard (§4.07, Use 62) [2] |
| Side or rear yard without screening | Board of Appeals special permit [2] |
| Screening that avoids a special permit | Planted strip at least 4 ft wide forming a dense 6-ft screen within 3 years [2] |
| Required front yard | Accessory uses not allowed in required front yard [3] |
| Rear-yard accessory use coverage | No more than 25% of unbuilt lot area or required rear yard [4] |
Zoning rules
Brookline's Table of Use Regulations (§4.07, Use 62) allows a "swimming pool or tennis court except in required front yard" in all districts [1]. A special permit from the Board of Appeals is required for a pool in a required side or rear yard unless it is screened from the side or rear lot lines by a strip of land at least 4 feet wide, densely planted with shrubs or trees expected to form a year-round dense screen at least 6 feet high within three years. The use table is printed sideways and our text copy can't be quoted, so we read it from the original PDF; the bylaw's index lists the same special-permit case [2].
Front yard and lot coverage
No accessory use may occupy part of the required front yard. Required side yards are off-limits too, except as specific sections allow [3]. Accessory uses outside a building may take up no more than 25% of the unbuilt lot area or of the required rear yard [4]. Pools, tennis courts and similar facilities can count toward a lot's required usable open space.
Permits and barriers
The zoning bylaw doesn't cover building permits or pool fences. Under the Massachusetts building code, you generally need a building permit from the Building Department. Pools, spas and hot tubs also need a barrier at least 48 inches high with self-closing, self-latching gates, or an approved safety cover for spas. Electrical work needs its own permit.
Caveats
The zoning text we reviewed is the town-posted PDF effective November 13, 2018, which may not include amendments adopted since then. A pool near a wetland or stream may also need Conservation Commission approval.
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Next steps
- Ask the Building Department (617-730-2100) for the current Use 62 screening requirement and your district's required yard depths.
- Plan the pool outside the required front yard and side yards, with a planted screen along the side and rear lot lines, or apply to the Board of Appeals for a special permit.
- Apply for a building permit with plans showing the pool, the code-compliant 48-inch barrier and gates, plus a separate electrical permit.
- If the site is within a wetland buffer, file with the Conservation Commission first.
Common questions
- Do I need a permit for a pool in Brookline, Massachusetts?
- Yes, generally a building permit under the state building code. Zoning allows a pool in every district except the required front yard, and electrical work needs its own permit.
- Can I put a pool in my side or rear yard in Brookline, Massachusetts?
- With a Board of Appeals special permit, unless it is screened by a planted strip at least 4 feet wide that will form a dense year-round screen at least 6 feet high within three years. This is from the 2018 text and may have changed.
- Do I need a fence around a pool in Brookline, Massachusetts?
- The zoning bylaw doesn't cover pool fences, but the state building code requires pools, spas and hot tubs to have a barrier at least 48 inches high with self-closing, self-latching gates, or an approved safety cover for spas.
- Can a pool go in the front yard in Brookline, Massachusetts?
- No. Pools are not allowed in the required front yard.
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
- Index: Swimming Pool, Accessory, Zoning By-Law full PDF (effective Nov 13, 2018; file dated 12/16/2021) - STALE, p. 229
SWIMMING POOL, ACCESSORY Districts Permitted in
- Index: Special Permit, Cases where Authorized (§4.07, Use 62), Zoning By-Law full PDF (effective Nov 13, 2018; file dated 12/16/2021) - STALE, p. 227
For Swimming Pool or Tennis Court in Side or Rear Yard Without Required Screening
- §4.04.3 Limitation of Area of Accessory Uses, Zoning By-Law full PDF (effective Nov 13, 2018; file dated 12/16/2021) - STALE, p. 31
No accessory use shall occupy part of the required front or side yards, except off-street parking as required in M-l.0, M-l.5, M-2.0, and M-2.5 Districts and in business and industrial districts, and as provided in §§ 5.44, 5.53, 5.63, and 5.72.
- §4.04.2 Limitation of Area of Accessory Uses, Zoning By-Law full PDF (effective Nov 13, 2018; file dated 12/16/2021) - STALE, p. 31
No accessory use or uses not within a building shall occupy more than a combined total of 25 per cent of the unbuilt lot area, or of the required rear yard area, other than required off-street parking.