Swimming pool rules in Winchester, Massachusetts
Yes. Uncovered swimming pools are allowed in Winchester's residential districts, but no part of the water or pool equipment may be in a required yard, the water must be at least 10 ft from any building, and the pool must be fully enclosed by a fence at least 5 ft high with self-latching gates. You can't fill it until a Certificate of Occupancy is issued.
| Allowed | Uncovered pools allowed by right in residential districts [1] |
| Setbacks | No water or pool equipment within a required yard [2] |
| Relief | ZBA special permit can allow pool/equipment in side or rear yard up to half the required distance [3] |
| Distance from buildings | Water at least 10 ft from any building [4] |
| Fence | At least 5 ft high, fully enclosing the pool, self-latching gates; latches at least 4 ft above ground [5] |
| Before use | Certificate of Occupancy required before filling [6] |
| What counts as a pool | Depth of at least 24 in. or water surface of at least 250 sq ft [7] |
These rules come from the town's April 30, 2018 zoning bylaw PDF, the only full zoning text we could obtain; the current bylaw on eCode360 includes later amendments, so the rules may have changed.
Where pools are allowed
The use table allows an uncovered swimming pool by right in all residential districts, subject to Section 4.4.2 [1]. Zoning defines a swimming pool as any pool at least 24 inches deep or with at least 250 sq ft of water surface [7], so small wading pools fall outside these rules.
Setbacks
No part of the water or pool equipment (pumps, heaters, fuel tanks and similar) may be within a required yard [2]. If your lot can't fit a pool otherwise, the Board of Appeals may grant a special permit allowing the pool or equipment in the side or rear yard, up to half the required distance from the lot line [3]. The water must also be at least 10 ft from any building [4]. The pool may be used only by residents and their guests.
Fence and safety
A fence or barrier at least 5 ft high, with self-latching devices on all gates, must completely enclose the pool, and latches must be at least 4 ft above the ground [5]. That's taller than the state building code's 48-inch minimum. The pool can't be filled or used until a Certificate of Occupancy has been issued [6].
Covered pools, hot tubs and wetlands
A covered or indoor pool must meet all requirements for a building. The 2018 bylaw doesn't separately address hot tubs. If the pool is within 100 ft of a wetland or water body, the Wetlands Bylaw requires a Conservation Commission permit; ask the Commission for its current fee.
See how Winchester compares with 8+ other Massachusetts towns on swimming pools →
Next steps
- Have a plot plan prepared showing the pool and equipment outside all required yards and the water at least 10 ft from any building.
- Apply to the Building Department for a building permit (and electrical permit); if the pool must go in a side or rear yard, apply to the Zoning Board of Appeals for a special permit first.
- If within 100 ft of a wetland, pond or stream, file with the Conservation Commission.
- Install a fence at least 5 ft high with self-latching gates (latches at least 4 ft up), then get the Certificate of Occupancy before filling the pool.
Common questions
- Can I have a swimming pool in Winchester, Massachusetts?
- Yes. Uncovered pools are allowed by right in residential districts. You can't fill it until a Certificate of Occupancy is issued.
- How far must a pool be from my house in Winchester, Massachusetts?
- The water must be at least 10 ft from any building, and no part of the water or pool equipment may be in a required yard. A ZBA special permit can allow a side or rear yard location up to half the required distance.
- What fence does a pool need in Winchester, Massachusetts?
- A fence at least 5 ft high fully enclosing the pool, with self-latching gates and latches at least 4 ft above ground.
- What counts as a pool in Winchester, Massachusetts?
- A depth of at least 24 in. or a water surface of at least 250 sq ft.
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. 3.1 Table of Use Regulations, Group VI Accessory Uses, line 6, Zoning Bylaw (recodified April 30, 2018; amendments through Nov 2017 TM) - town PDF, p. 21
6. An uncovered swimming pool, subject to the See 7.3.11.3 Y Y Y Y Y Y N N N N SP provisions of Section 4.4.2
- Sec. 4.4.2(2) Swimming Pools, Zoning Bylaw (recodified April 30, 2018; amendments through Nov 2017 TM) - town PDF, p. 37
No portion of the water or pool equipment including but not limited to pumps, mechanical equipment, heaters and fuel tanks shall be within a required yard area.
- Sec. 4.4.2(3) Swimming Pools, Zoning Bylaw (recodified April 30, 2018; amendments through Nov 2017 TM) - town PDF, p. 37
If a lot cannot reasonably accommodate a pool without infringing the side or rear yard requirements, the Board of Appeals may, by Special Permit, allow location of a pool or pool equipment within the required side or rear yard up to half the distance required from the side or rear lot line.
- Sec. 4.4.2(4) Swimming Pools, Zoning Bylaw (recodified April 30, 2018; amendments through Nov 2017 TM) - town PDF, p. 37
4. No portion of the water shall be within ten (10) feet of any building.
- Sec. 4.4.2(8) Swimming Pools, Zoning Bylaw (recodified April 30, 2018; amendments through Nov 2017 TM) - town PDF, p. 37
8. A fence or protective barrier not less than five (5) feet in height having self- latching devices on all gates shall be installed and maintained so as to completely enclose all swimming pools. All latches shall be located not less than four (4) feet above ground.
- Sec. 4.4.2(7) Swimming Pools, Zoning Bylaw (recodified April 30, 2018; amendments through Nov 2017 TM) - town PDF, p. 37
7. The pool shall not be filled with water or used by any person until a Certificate of Occupancy has been issued.
- Sec. 10 Definitions, Swimming Pool, Zoning Bylaw (recodified April 30, 2018; amendments through Nov 2017 TM) - town PDF, p. 177
SWIMMING POOL. Any pool having a depth of at least 24 inches or a water surface area of at least 250 square feet.