San Benito County, CA Swimming Pools & Spas: Above-Ground Pools (2026)

San Benito County's pool definition in Section 21.01.075 turns on whether construction requires a county building permit, not on whether the pool is in-ground or above-ground. An above-ground pool that requires a building permit is therefore a 'private swimming pool' subject to Chapter 21.01, Article V, including the enclosure requirement (Section 21.01.076) and the inspection requirement (Section 21.01.078), and to the zoning fencing rule in Section 25.07.013. The controlling barrier standard comes from the adopted Building Code and the California Swimming Pool Safety Act, which expressly defines a 'swimming pool' to include aboveground structures containing water more than 18 inches deep. Under the state standard, the walls of an above-ground pool can serve as part of the barrier only if they meet the 60-inch height and anti-climb requirements; where a ladder or steps provide access, that access must be removable, capable of being secured, or surrounded by a compliant barrier so children cannot climb in. As with any pool, new above-ground pools at single-family homes must include at least two of the seven approved drowning-prevention safety features. Owners should confirm with the Resource Management Agency's Building & Code Enforcement Division whether their specific above-ground pool requires a building permit, since smaller portable or temporary pools below the permit and depth thresholds may fall outside the regulated category.