California Health & Safety Code Section 115922 (the Swimming Pool Safety Act as amended by SB 442) requires at least two of seven drowning prevention safety features for new or remodeled residential pools, including an enclosure under Section 115923 with a minimum 60-inch height, self-closing/self-latching gate, and 4-inch maximum gaps.
Pool barrier requirements in Riverside are set primarily by California state law. California Health & Safety Code Section 115922, as amended by SB 442 (Newman, 2017), requires that when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing pool or spa at a private single-family home, the pool must be equipped with at least TWO of seven approved drowning prevention safety features: (1) an enclosure meeting Section 115923, (2) removable mesh fencing meeting ASTM F2286 with self-closing/self-latching gate, (3) an ASTM F1346-23 safety pool cover, (4) exit alarms on doors and windows, (5) self-closing/self-latching devices on doors with release at least 54 inches above the floor, (6) a swimming-pool alarm, or (7) other independently verified equivalent means of protection. Per Section 115923, an enclosure barrier must have: a minimum height of 60 inches, a maximum 2-inch vertical clearance from ground to bottom, gates that open away from the pool and are self-closing with a self-latching device placed no lower than 60 inches above ground, no gaps allowing passage of a 4-inch sphere, and an outside surface free of handholds/footholds. The City of Riverside CEDD Building & Safety Division enforces these standards at permit and final inspection. Riverside has not adopted local amendments more permissive than state law.
Pool barrier non-compliance is enforced at building permit inspection by Riverside CEDD Building & Safety - a new or remodeled pool will not pass final inspection without the required two safety features. Existing pools that are out of compliance after a complaint are referred to Code Enforcement under RMC Ch. 1.17, with administrative citations of $100/$200/$500. More importantly, an unfenced pool may constitute an 'attractive nuisance' under California tort law, exposing the owner to substantial civil liability for any drowning or near-drowning. Real estate disclosure law also requires sellers to disclose which of the seven SB 442 safety features are installed.
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