Bakersfield enforces California Health and Safety Code §115920-115929 (the Swimming Pool Safety Act) requiring all new or remodeled residential swimming pools and spas to have at least two of seven approved drowning-prevention safety features. Pool enclosure fences must be at least 60 inches (5 feet) tall, non-climbable, with self-closing and self-latching gates. Permits and inspections are required through Bakersfield Development Services.
Under California H&S §115922, pools and spas built or remodeled after January 1, 2018 must have at least two of these seven features: an enclosure meeting §115923 standards, removable mesh fencing with self-closing gate, approved safety pool cover, alarms on doors leading to pool area, self-closing self-latching pool access doors, pool alarms, or other approved means. Per §115923, a compliant enclosure fence must be at least 60 inches tall, have gaps no larger than 4 inches, no horizontal components in the lower 45 inches that would aid climbing, and self-closing self-latching gates opening away from the pool with latches at least 60 inches above the ground. Bakersfield's pool permit process includes inspection of barriers before the pool can be filled. Bakersfield's hot summers drive extensive pool installation in the area, and drowning prevention is a serious public safety priority.
Failing to provide compliant pool barriers violates California H&S §115920 and BMC building standards. Bakersfield can deny final inspection and refuse certificate of occupancy until barriers comply. Continued violations may result in administrative citations. More significantly, a non-compliant pool creates enormous civil liability if a drowning or injury occurs. Homeowner insurance may deny claims involving non-compliant pools.
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