Does one need to build a ma’akeh (or place a pool cover) for their swimming pool if it is already in a fenced backyard?
What is the minimal height of a staircase to require a ma’akeh?
Thank you.
Answer:
There is no actual obligation to make a maakeh for a swimming pool.
We find an obligation to take protective measures for a bor – a pit that is not clearly visible to people – but not for a pool (see Chazon Ish Likkutim 18). This refers even to a pool in the public domain.
Nonetheless, it is correct to make a protective fence around the pool to ensure safety. This fence is sufficient and there is no need for a ma’akeh beyond this protective fence.
For a pool in a fenced backyard there is therefore no further obligation.
A staircase will be obligated in a maakeh where there is a fear of injury, which the poskim generally define as a height of 10 tefachim (80-100 cm).
Best wishes.
