Oregon Statewide Rule

Oregon Statewide Residential Pool Barrier Code

Heavy RestrictionsApplies statewide across Oregon (2026)

Oregon's residential pool barrier requirements come from the Oregon Residential Specialty Code (ORSC), adopted statewide under ORS 455.040. Local governments cannot weaken these minimum safety standards for pools, hot tubs, and spas serving one- and two-family dwellings.

Key Facts

Authority: ORS 455.040
Code: ORSC Section AG105
Min barrier height: 48 inches
Pool depth trigger: Over 24 inches

Source: Oregon Public Law

Full Breakdown

ORS 455.020 and 455.040 establish a statewide uniform building code that municipalities must enforce without amendment unless specifically authorized. The Oregon Residential Specialty Code, Section AG105, requires barriers at least 48 inches high around outdoor swimming pools deeper than 24 inches, with self-closing self-latching gates opening outward, latch release at least 54 inches above ground, and openings small enough to prevent a 4-inch sphere passing. Hot tubs may use a locking safety cover meeting ASTM F1346 instead. Local jurisdictions enforce through building permits but cannot reduce the standards.

Violations & Penalties

Building code violations are Class A misdemeanors under ORS 455.895; civil penalties up to $5,000 per violation per day under ORS 455.895(2).

Frequently Asked Questions

Can my city require a taller pool fence than the state code?

Generally no. ORS 455.040 makes the state building code the maximum standard for residential construction. Local amendments require Building Codes Division approval and are rarely granted.

Do hot tubs need a fence in Oregon?

A hot tub or spa with a safety cover complying with ASTM F1346 is exempt from the barrier requirement under ORSC AG105.2. Otherwise the same 48-inch barrier rules apply.

Sources

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