Fremont enforces California Health and Safety Code 115920 requiring 60-inch pool enclosures with self-closing self-latching gates.
Fremont Municipal Code Chapter 15 adopts California Health and Safety Code Sections 115920-115929 (Swimming Pool Safety Act) which require all pools, spas, and hot tubs capable of holding 18 inches of water to be enclosed by a barrier at least 60 inches (5 feet) tall. The barrier must have no openings greater than 4 inches, no footholds or handholds that would aid climbing, and bottom clearance of 2 inches or less over non-solid surfaces. Gates must open outward, be self-closing, self-latching, with the latch at least 60 inches high. Alternative compliance allows pool safety covers meeting ASTM F1346, removable mesh fencing, or door/window alarms on dwelling openings facing the pool. At least two of seven approved safety features are required at final inspection. Violations can result in red-tag of the pool permit and injunctive action. New construction in Ardenwood and Mission San Jose is routinely inspected for barrier compliance.
Contact your local code enforcement office for specific penalty information.
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