In a similar way to updates and improvements made recently to the California energy standards, folks in Sacramento were also busy adding some new pool safety code requirements to the 1990’s pool safety legislation, now known as the California Pool Safety Act 2018. The number of required pool safety features in for residential pools in California has doubled! In the past, just one drowning prevention or safety feature was required in the golden state.
New California Pool Safety Code Requirements
Now for 2019, in addition to a regular 3-sided pool fence, all new pools and permitted renovations (those that require a permit) must have at least two of these safety features:
- Enclosure that isolates the pool or spa from the home.
- Mesh safety fence that isolates the pool or spa (ASTM F2286-05).
- Safety pool cover or automatic cover (ASTM F1346-91).
- Door alarms or gate alarms (UL 2017).
- Door closing and latching systems, with latch at least 54″ above floor.
- Pool alarms meeting ASTM F2208 standards.
What about when you sell a home with a pool in California? Sellers are not required to bring the pool or home ‘up to code’, but you may be asked to anyway, after the buyer reads the home and pool inspection report.
As defined in the code, “Swimming pool or pool means any structure intended for swimming or recreational bathing that contains water over 18 inches deep. “Swimming pool” includes in-ground and above ground structures and includes, but is not limited to, hot tubs, spas, portable spas, and nonportable wading pools.”
California Pool Fence Safety Codes
Do you need a fence around a pool in California? Yes, a fence is required if your pool is over 18″ deep. In addition, your local county may have specific pool fence ordinances that are used, but all residential pools are required to have pool fencing.
Pool fences in California need to be 5 ft tall with gaps between fence slats of 4″ or less, gaps of 2″ or less under the fence, and fence gates must be self-closing and self-latching. They can be 3-sided and attached to the house or other structure, but that doesn’t count as one of the listed pool safety features.
Mesh safety fences, when installed with the self-closing gates, can be an attractive and affordable way to add a layer of protection, and comply with the listed safety feature #2. Removable pool fence comes in 10 ft sections adjustable to span any length. Connect to walls or perimeter fences, to completely isolate the pool or spa from the home and other backyard and patio areas.
California Pool Alarm Safety Codes
Now that two pool safety devices are required, many Californians are opting to secure the back doors and garage doors that lead to the pool area, as an easy route to compliance.
Approved pool door closers must not only close the door, but provide an additional door latch, at a height of 54″ above the floor. Devices for accomplishing this are complicated and expensive, especially when there are several doors to be secured.
Poolguard DAPT door alarms are the easier alternative to securing doors that lead to the pool or back yard areas, like garage doors. Pool door alarms work on regular doors and sliding glass doors, and fully comply as one of the now two required safety features. UL 2017 listed door alarm (as required) installs in minutes and operates on a 9V battery.
Another easy to install safety feature that will complete your compliance with the California code for pools, are the PoolGuard PGRM-2 pool alarms. Sounds an alarm at the pool and in the house if anything over 18 lbs falls in the pool. Meets ASTM F2208 standards, and is ready to go right out of the box, with your 9V battery installed.
California Pool Drain Safety Codes
In 2002, the VGB pool and spa safety act was signed into law, and new pools and spas were now required to install dual main drain systems, and to use safer VGB main drain covers, which reduces the likelihood of suction entrapment on pool drains.
For pools in California, like the rest of the nation, if you are issued a permit for work related to pool or spa upgrades and renovation work, you will need to replace the drain covers with replacement safety drain covers meeting ANSI/APSP-16 standards.
Unlike commercial and public pools, residential pools in California are not required to install dual main drain systems, only to replace older anti-vortex main drain covers with new VGB compliant anti-entrapment suction outlet covers, or safety drain covers.
Meeting the New Pool Safety Code Requirements
If your pool was built before 2007, you are not required to add more safety to your pool, just maintain your fence and gates, as long as no large scale pool renovation projects take place in the near future.
For pools built after 2007, two drowning prevention or safety features are required in California, this could be a pool alarm and door alarms, or a mesh pool fence for summer and a mesh safety cover for winter.
More permanent enclosures, like retaining walls, planters and decorative walls or structures can also be used as effective barriers, and should qualify for compliance with most inspectors, but check with yours first.
The blog post says “Now for 2019, in addition to a regular 3-sided pool fence, all new pools and permitted renovations (those that require a permit) must have at least two of these safety features”. I don’t see a requirement in the new law for a 3-sided fence. Can you tell me where that requirement is located?
Hi Mac, well, that would already be part of the law, that’s basic or already covered, or however they term it. You must have a fence, a 3-sided or 4-sided fence, of at least 5 ft height, and of a certain non-climbable type, with slats no bigger than 3″, and gaps below no larger than 3″, and self closing, self latching gates.
I am purchasing a home with pool build 2005 but has an open permit. Is there a way to remedy this or should I not buy this house?
Hi, there could be and should be a way to remedy it, and before you get too far along, you should contact the permit office for your local city/county and see what’s up. Open permits remain with the property, despite any change in ownership. Requirements to remedy an open permit can include fines, fees, and completion of pending work and removal of work that does not meet building requirements. Open permits can be costly and time consuming, but not necessarily so, it can also be a minor issue. Here’s a few links with more info: https://www.optimaproperties.com/open-permits-homebuyers-nightmare/ https://www.mondaq.com/unitedstates/real-estate/481504/open-permits-can-cause-headaches-for-property-owners Good Luck! 🙂
Does replastering or resurfacing pool count as major renovation or remodeling forcing grandfathered pools to have two safety features.
Hi John, filing for a permit, is the trigger for the requirement. Replastering does not require a permit, so no requirement to upgrade.
Currently remodeling our built in 1975 pool in the city of Glendale CA.
Inspector says that we must install a barrier around the entire property. I have 90 percent around except on a very steep hill portion.
A while back I read somewhere that if the pool was built before 2007 then a remodel doesn’t require an upgrade of the site barriers.
Does this “built before 2007” ring a bell for you?
What code is this so I can reference this as I dont have the funds for this new barrier.
Hi Karl, that 2007 clause applies to adding additional safety features, like door alarms or pool alarms, but does not grandfather you out of having a complete fence, as per code. There are no exceptions to the fence, sorry. Must be a complete perimeter fence, non-climbable, 5ft or 6ft high.
Hi Davy,
I have a 1986 pool in Riverside County, California that has a four foot fence and a 2014 compliant drain cover. I want to rent the house but want to make sure I am compliant with current regs. Am I correct in reading this blog that alarms on entry doors and gates to the pool enclosure are sufficient or as some have advised, self latching gates and a double entry main drain will need to be incorporated also?
Thanks.
Hi Graham, self closing, self latching gates are always required. dual main drains are not required, unless you are doing major renovations to the pool
I am purchasing a home built in 2005 that has an inground spa in a 55 year older community. The yard is open to a private golf course and has no fence. Most other homes in the area do not have a fence either. My question is if we want to add a pool, will we be required to put up a fence? Also, if we don’t, will we be required to as well. I think some special provisions are made for 55+ communities.
Hi Patrick, I would think that a fence would be required to pass inspection. After inspection, you could remove or modify the fence to your liking, but at your own risk, if a tragedy were to happen. There’s no ‘fence police’, but a neighbor worried about her visiting grand children could file a complaint. A pool has the legal definition of an ‘attractive nuisance’, and not having a fence places the pool owner in a considerable high risk category for a lawsuit, if a drowning of human or pet occurs. In some areas, you can install an automatic cover in lieu of a fence, but ultimately that can also be unsafe as well. If you want to know for certain if a fence would be required, call or email the local building and zoning office for the town or county govt. You can ask to speak to an inspector, if needed.
We’re considering an in ground pool. We were told by the contractor that our current fence gates need to swing out and not in.
Also our fence around the property is 48 inches. Can we just do a mesh pool fence,alarm yada yada instead of making our 4 foot around property fence 5 feet?
Thanks
Hi Steven, yes you could do a secondary perimeter fence around the pool, using the mesh safety fencing, but it would need to be a complete surround. Or you could tie into the existing fence, and on the side(s) where you use the existing fence, attach some sort of attractive riser that meets the code, to raise it from 4′ to 5′.
Hello,
Does lattice fencing around a pool meet the state code? The openings are about 2″ square.
Thanks,
Laurie
Hi Laurie, I believe the openings need to be 1-3/4″ or less, which is the California standard for chain link fence. For other fence types with vertical slats, the openings cannot be more than 4″ wide. For confirmation, contact your local dept of building and zoning for your county.
In a rental home in Orange County Ca. Is square edge red brick an approved coping for pool and jacuzzi
Hi Jeremy, I suppose it was approved at one time, when installed. Typically a bullnose brick is used, aka safety grip brick, but I’ve seen regular square edge brick used in a few pools, it’s a nice look I think, and not necessarily unsafe, just harder for a small child to grab onto I suppose. I don’t think it is not allowed however, altho I could be wrong, the laws in Calif change every day, it seems.
Does a pool slide need to be protected by a fence or a wall? My neighbors poolslide is taller than our property dividing wall and I fear someone falling off onto my property.
I don’t believe that there is a regulation governing that. Just the standard fence, 6 ft tall. I doubt someone would fall off the slide, into your property. But if you are concerned about it, you could increase the height of the dividing wall.
Do you know if chain link fences qualify for pool fencing? (Assuming it’s 5 ft talk, etc) I’ve heard some things about how the fence shouldn’t be “climbable” – any truth to this? Thanks for the informative page!
True, the fence must be non-climbable, most chain link fences qualify however, because the opening size is smaller than the maximum allowable.
If the gate into the backyard meets all the gate requirements, and you have a door alarm, do you need a separate, additional fence around the pool to satisfy the safety requirements?
No, secondary fence is not required however a secondary safety device may be, such as a pool alarm.
If a gate leading to the backyard of a pool is self closing and has a automation locking entry knob is the latch 54″ above the ground still required?
The gate self closes, it automatically locks from the outside, and requires a key to enter the backyard at about 40″
If I was the inspector on the job, I would say that would be a fine substitute. It depends on the inspector however.
Is there a local consultant who can help us create a lap pool?
We are confined to 10 ft x 20 ft. One side is our garage an the other side is our neighbor’s property.
Hi Kevin, does a vertical retaining wall count as a fence? The wall is over 60” high and has no gaps.
Thanks
Kevin, most likely yes. They actually prefer the term barrier to fence, as it covers structures, walls and even natural barriers. Your pool permit inspector would have to approve all barrier types however, so they determine what can serve in stead of, a traditional fence.
Do these codes apply to permanent above ground pools? What about the temporary type above ground pools ?
Hi Luis, good question, thanks. The code does include and apply to any body of water over 18″ deep, to include above ground pools, permanent and temporary.
How far does the fence need to be from edge of swimming pool? In California
Kevin, I’m not sure that there is a requirement for that on the books. I have seen fencing right up against the edge of a pool, but that can make cleaning the pool difficult, except for the removable mesh pool fencing. Or the fence can be far away from the pool.
I live in Contra Costa county and our pool had to be at least 5’ from all fences.
Our pool equipment could not be placed on the side of our house close to neighbors due to noise ordinance laws….which I would argue is ridiculous because modern pool pumps are very quiet.
We have to have a sign on our fence stating it must be locked at all times.
Alarms on all doors that exit to backyard (including one from garage to backyard that is permanently shut)
We had to repair fence slats on one side of fence because of the potential of a baby crawling through fence boards and getting into the yard ( there is NO baby TO do that but I digress)
Ah California, what a state! Over-regulated and unfriendly to business (and pool owners), and expensive. I hear many people are leaving…
We bought a home in sacramento last year. Im thingking of putting up an above ground pool, 4 ft depth, comes with a ladder, that can be lifted up to prevent entry to the pool. The fence around the home is the standard height. Do i still need to buy an additional safety fence around the pool? And do i need a permit to set an abouve ground pool?
We are not doing a major dig- just leveling
Hi there – California considers aboveground pools to be the same as inground pools, in regards to the safety laws. You are required to get a permit and be inspected in most counties, and most probably in Sacramento, I would think yes. When you pull a permit for a new pool, that comes with a safety inspection, and they want to see two forms of safety equipment. One could be a fence on top of the pool wall, or a secondary 60″ fence around the outside of the pool (in addition to the fence surrounding your property). Now the a-frame ladder won’t be approved, because it is not lockable, or a ‘safety ladder, and it can’t be removed, because it leaves a gap in the fence. So, you could replace the a-frame ladder with a lockable safety ladder, or locking step entry system. Secondly, you will need a second form of safety, either an in-pool alarm like the Pool Guard Buoy, or a door alarm on the back door of the house. Read more here and here <<< State of California documents.
We have a small townhouse complex with a pool that has fallen into disrepair and is empty (but let us not get into that here). We have a fence around it with a gate that closes and latches shut, do we need a lock on it? or is that enough? It was build in 1967. Thank you!
Yes, if the pool is closed and not being used, it would be best to get a combination lock padlock and place it on the gate. Empty pools can also be hazardous, if one were to fall in, or small children could still drown in a small amount of water in the deep end. Plus, you want to keep out skateboarders! 🙂
We have a built-in swimming pool. The pool is surround by 60″ tall wire fencing with 2″ x 4″ mesh. We have a 60″ tall gate by code, which opens away from the pool with a self-closing mechanism. Code also states that the self-closing mechanism latch must also be 60″ above the ground. How is that accomplished?
Hi Scott, you would use a Magna-Latch style gate latch, the one with a knob on top of the cylinder, which must be pulled up, to open the latch. We have this style of pool gate latch here:
We have had a swimming pool for last 20 years without a safety net . We remodeled our home in Cupertino (Santa Clara county) recently the inside and added a new room. However, we did NOT touch the pool in any way. Are we still required to add a child safety net (per SB 442 passed in 2018)? Can we grandfather our existing pool, or does it apply to new and old pools once permit process is kicked off for whatever reason, even one that is unrelated to pool?
Thanks!
HI, only if the permit was for a pool renovation or major re-construction or re-fitting, are two safety features required (not necessarily a safety net) “…when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with at least two of the following seven drowning prevention safety features:”
I live in a townhome community and we have a swimming pool, jacuzzi and clubhouse in Santa Barbara county. My question pertains to showers for the pool users. Are we required by law or code to have a working shower for swimmers to rinse off in? Ours is in disrepair (tiles falling off, leaking faucet, etc) and it leaks like a sieve! So the brilliant solution was to cap the shower off so it is non-functional — no sign saying when it will be restored. W
Hi – if required it would be for showering before use, not for rinsing off afterwards. I am not familiar with your local codes in SB county, but it may be required. Call or email your local health dept or office of building and zoning. https://www.countyofsb.org/phd/ehs/recreational-health.sbc
i live in a privately owned condo building. We have a pool with an enclosure. Are residents allowed to leave their toys inside the enclosure overnight? Things like beach balls, inner tubes, etc.?
Thank you
Hi Stephen, I’m not sure if your local codes prohibit toys and such from being left in a public pool at closing time, you can check with your local building and zoning staff, or ask to speak to the inspector for your area. It can be a safety hazard, or an “attractive nuisance” to leave toys and floats in the pool area, in that it could attract unaccompanied minors, to the pool area.
We rent a house in Ca (built in 2000) with a pool. Are there safety requirements for rental homes built before 2007?
Hi Catherine, yes there are many – but pool alarms are not required. A fence and gate that meets code is required. There may be other requirements in your locality. If the pool has major work, that requires a permit, in the future, it will then be held to the new standards. For a specific answer for your city, contact the building and zoning department, and ask to speak to an inspector, who can send you info, or you may be able to find the requirements on the website.