Swimming pool rules in Salem, Massachusetts
Yes. Pools are allowed in Salem but must be at least 6 feet from side and rear property lines (closer only by Zoning Board of Appeals special permit) and meet the front-yard setback for houses. Every pool must be surrounded by a permanent fence or wall at least 4 feet high with a self-closing, locking gate, and must meet the State Building Code.
| Side/rear setback | 6 feet from any side or rear property line (less needs ZBA special permit) [1] |
| Front setback | Same as front-yard setback for dwellings [1] |
| Barrier height | At least 4 feet, permanent fence or wall [2] |
| Fence type | Pickets, stockade or chain link; no rail fences [2] |
| Gate | Locking, self-closing device [4] |
| Building code | Must comply with the State Building Code [5] |
Setbacks
Salem's Zoning Ordinance requires pools to meet the ordinance and the State Building Code [5]. Pools aren't treated as "structures" for zoning, but no side of a pool may be less than 6 feet from a side or rear property line unless the Zoning Board of Appeals grants a special permit, and pools must meet the same front-yard setback as houses [1]. The dimensional table's front-yard row lists 15 feet in R1, R2 and R3 and 40 feet in RC [6]. Pool equipment, showers, changing rooms and pump houses must meet all the normal zoning rules for accessory structures [3], such as staying out of the front yard and 5 feet from side and rear lines.
Barrier
Every pool must be surrounded by a permanent fence or wall at least 4 feet high, measured on the outside (away from the pool) from finished ground level. The fence must be pickets, stockade or chain-link; rail fences aren't allowed, and any gate needs a locking, self-closing device so it stays shut [2][4]. The local rule doesn't distinguish above-ground from in-ground pools, so the barrier rule appears to apply to both.
Permits
Pools are built under the State Building Code, so expect a building permit from Inspectional Services, plus electrical permits for pumps and lighting. Remember that the 6-foot fence limit in residential districts applies to pool fences too. In a flood zone or near wetlands, the Flood Hazard Overlay and Conservation Commission rules also apply.
Hot tubs
Salem's zoning text doesn't mention hot tubs or spas separately; ask Inspectional Services how the pool rules and state barrier requirements apply to yours.
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Next steps
- Site the pool at least 6 feet from side and rear lot lines and behind the front-yard setback; if you need it closer, apply to the Zoning Board of Appeals for a special permit.
- Plan a permanent fence or wall at least 4 feet high (picket, stockade or chain link, no rail fence) with a self-closing, locking gate.
- Apply for building and electrical permits with Inspectional Services (98 Washington St, 978-619-5641) with a plot plan showing the pool, fence and equipment.
- If the yard is in a flood zone or near wetlands, contact the Conservation Commission first (see the city website for contact details).
Common questions
- Do I need a permit for a pool in Salem, Massachusetts?
- Yes. Pools are built under the State Building Code, so expect a building permit from Inspectional Services plus electrical permits for pumps and lighting. Near wetlands or in a flood zone, Conservation Commission and flood overlay rules also apply.
- How far does a pool have to be from the property line in Salem, MA?
- At least 6 feet from side and rear property lines, closer only by Zoning Board of Appeals special permit. Pools must also meet the front-yard setback for houses (15 feet in R1, R2 and R3 and 40 feet in RC).
- What are the pool fence requirements in Salem, Massachusetts?
- Every pool must be surrounded by a permanent fence or wall at least 4 feet high, made of pickets, stockade or chain link (no rail fences), with a locking, self-closing gate. The local rule doesn't distinguish above-ground pools, so it appears to apply to both.
- Do hot tubs follow pool rules in Salem, MA?
- It's unclear. Salem's zoning text doesn't mention hot tubs or spas separately, so ask Inspectional Services how the pool rules and state barrier requirements apply.
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
- Sec. 3.2.5 Swimming Pools, Zoning Ordinance Sec. 3.0 Use Regulations (3.1 Table of Principal Uses, 3.2 Accessory Uses incl. 3.2.2 Home Occupations, 3.2.4 accessory buildings, 3.2.5 Swimming Pools, 3.2.7 Urban Agriculture, 3.2.8 Accessory Dwelling Units), p. 1
However, no side of any pool shall be located less than six (6) feet from any rear or side property line, unless a special permit is obtained from the Board of Appeals. Pools shall conform to front yard setbacks as required for dwellings in
- Sec. 3.2.5(2) Swimming Pools, Zoning Ordinance Sec. 3.0 Use Regulations (3.1 Table of Principal Uses, 3.2 Accessory Uses incl. 3.2.2 Home Occupations, 3.2.4 accessory buildings, 3.2.5 Swimming Pools, 3.2.7 Urban Agriculture, 3.2.8 Accessory Dwelling Units), p. 1
Pools shall be surrounded by a permanent fence or wall at least four (4) feet high measured from the ground above the finished ground level measured on the side of the barrier which faces away from the swimming pool. Fences shall be constructed of pickets, stockade or chain-link type material. Rail Fences shall not be permitted.
- Sec. 3.2.5(1) Swimming Pools, Zoning Ordinance Sec. 3.0 Use Regulations (3.1 Table of Principal Uses, 3.2 Accessory Uses incl. 3.2.2 Home Occupations, 3.2.4 accessory buildings, 3.2.5 Swimming Pools, 3.2.7 Urban Agriculture, 3.2.8 Accessory Dwelling Units), p. 1
All accessory structures, installations and equipment, such as showers, dressing rooms, equipment houses or other buildings, shall comply with all applicable requirements of the Zoning Ordinance.
- Sec. 3.2.5(2) Swimming Pools, Zoning Ordinance Sec. 3.0 Use Regulations (3.1 Table of Principal Uses, 3.2 Accessory Uses incl. 3.2.2 Home Occupations, 3.2.4 accessory buildings, 3.2.5 Swimming Pools, 3.2.7 Urban Agriculture, 3.2.8 Accessory Dwelling Units), p. 1
Any fence gate must have a locking and self-closing device so as to keep the gate shut at all times.
- Sec. 3.2.5 Swimming Pools, Zoning Ordinance Sec. 3.0 Use Regulations (3.1 Table of Principal Uses, 3.2 Accessory Uses incl. 3.2.2 Home Occupations, 3.2.4 accessory buildings, 3.2.5 Swimming Pools, 3.2.7 Urban Agriculture, 3.2.8 Accessory Dwelling Units), p. 1
Pools used for swimming or bathing shall be in conformity with the requirements of this Ordinance and the State Building Code.
- Sec. 4.1.1 Table of Dimensional Requirements, Zoning Ordinance Sec. 4.0 Dimensional Requirements (Table 4.1.1 incl. max height of fences/walls), p. 1
Minimum depth of front yard (feet)