San Jose enforces California Health & Safety Code Β§115920 pool safety requirements, mandating at least two of seven approved drowning-prevention measures. Fence barriers must be 60 inches tall minimum with self-closing self-latching gates. Compliance is verified at permit final and on resale inspections.
The Swimming Pool Safety Act (CA Health & Safety Code Β§115920 et seq.) applies to any residential pool or spa capable of holding water over 18 inches deep. When a new pool is built, remodeled, or a home with a pool is sold, the property must include at least two of seven approved drowning prevention features. Options include: (1) an enclosing fence at least 60 inches tall surrounding the pool with self-closing self-latching gates, (2) a pool safety cover meeting ASTM F1346, (3) an approved pool alarm per ASTM F2208, (4) self-closing self-latching devices on all doors leading from the house to the pool with a release at least 54 inches above the floor, (5) exit alarms on those doors, (6) a removable mesh fence with a self-latching gate, or (7) other approved means of protection. San Jose Building Division inspectors verify compliance at final inspection. On resale, California law requires home inspectors to note pool safety deficiencies. Gate latches must be at least 60 inches above the ground or otherwise inaccessible to small children. The barrier must have no openings larger than 4 inches and no gap exceeding 2 inches beneath the fence. HOAs in communities like Silver Creek, Evergreen, and Almaden often require specific pool-fence styles (wrought-iron with concrete footings).
Specific penalty amounts for this ordinance are not published in a publicly accessible fine schedule. Contact San Jose code enforcement directly for current fines, enforcement procedures, and hearing options.
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