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Aliso Viejo, CA Swimming Pools & Spas: Fencing & Safety Requirements (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Barrier height
At least 60 inches above grade, pool-away side
Bottom clearance
Maximum two inches between grade and barrier bottom
Openings
Must not allow passage of a 4-inch-diameter sphere
Pedestrian gates
Open outward, self-closing, self-latching
Climbing clear zone
Not less than 36 inches from pumps, filters, heaters
Criminal penalty
Misdemeanor, fine up to $1,000 or six months

Summary

In the City of Aliso Viejo, California, residential swimming pools must be completely enclosed by a barrier at least 60 inches above grade, with no opening that passes a 4-inch-diameter sphere. Pedestrian access gates must open outward away from the pool, be self-closing and have a self-latching device.

3109.3, Residential Swimming Pools. Residential swimming pools shall be completely enclosed by a barrier complying with Sections 3109.3.1 through 3109.3.3. 3109.3.1. Barrier Height and Clearances. The top of the barrier must be at least 60 inches above grade measured on the side of the barrier that faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier must be two inches measured on the side of the barrier that faces away from the swimming pool. ... 3109.3.1.1. ... Openings. Openings in the barrier must not allow passage of a 4-inch-diameter sphere. 3109.3.1. ... 7. Gates. ... Access gates must comply with the requirements of Sections 3109.3.1 through 3109.3.1.6 and must be equipped to accommodate a locking device. Pedestrian access gates must open outward away from the pool and must be self-closing and have a self-latching device.

Full Breakdown

Section 13.02.100 of the Aliso Viejo Municipal Code adds section 3109.3 to the California Building Code for residential swimming pools, spas and hot tubs. Under section 13.02.065, a swimming pool is any artificially created body of water designed or used for swimming or immersion with a water depth exceeding 18 inches, including spas, hot tubs, above and belowground pools and vinyl-lined pools.

The barrier must be at least 60 inches above grade, measured on the side facing away from the pool, with no more than two inches of vertical clearance between grade and the bottom of the barrier. Where the top of an above-grade pool structure serves as the base, the barrier can sit at ground level or on the structure, with a maximum four-inch clearance. Openings cannot pass a 4-inch-diameter sphere. Where horizontal members are less than 45 inches apart they go on the pool side, and vertical spacing cannot exceed 1 ¾ inches. Where horizontals are 45 inches or more apart, vertical spacing cannot exceed 4 inches. Chain link mesh cannot exceed 1 ¾ inches unless slats reduce the openings.

Access gates must meet the same height and clearance rules and accommodate a locking device. Pedestrian gates open outward, self-close and self-latch. Other doors or gates need a self-latching device and lockable hardware or padlocks and stay locked when not in use. A release mechanism less than 60 inches above grade goes on the pool side at least three inches below the top of the gate, with no opening greater than one-half inch within 18 inches of it. A dwelling wall used as part of the barrier needs two safety devices under Section 115922 of the California Health and Safety Code. Ladders or steps of an above-ground pool must be secured, locked or removed. A clear zone of not less than 36 inches must separate the enclosure from permanent structures or equipment such as pumps, filters and heaters that can be used to climb it. Indoor pool walls are excused from some of these provisions.

Violations & Fines

Section 13.02.020 makes it unlawful to erect, construct, alter, equip, use or maintain any building or structure contrary to the chapter. A violator is guilty of a misdemeanor, each day is a separate offense, and conviction carries a fine of not more than $1,000, imprisonment of not more than six months, or both. Starting pool work without the necessary permits also draws the section 109.4 assessment of double the required permit fees.

Frequently Asked Questions

How tall must a pool fence be in Aliso Viejo?
At least 60 inches above grade, measured on the side of the barrier facing away from the pool, under section 3109.3.1 as added by section 13.02.100. The gap between grade and the bottom of the barrier cannot exceed two inches, and openings cannot allow passage of a 4-inch-diameter sphere.
Does the pool gate have to be self-closing?
Pedestrian access gates must open outward away from the pool and must be self-closing with a self-latching device under section 3109.3.1.7. Other doors or gates need a self-latching device and lockable hardware or padlocks, and they must stay locked at all times when not in use.
Can a wall of my house serve as the pool barrier?
Yes, but section 3109.3.1.8 requires two safety devices in accordance with Section 115922 of the California Health and Safety Code where a wall of a dwelling serves as part of the barrier. Indoor swimming pool walls are excused from section 3109.3.1.8 through 3109.3.3 under section 3109.3.2.
How far must pool equipment sit from the fence?
Section 3109.3.3 requires barriers to be located so that permanent structures, equipment or similar objects cannot be used to climb them, with a clear zone of not less than 36 inches between the exterior of the enclosure and any permanent structures or equipment such as pumps, filters and heaters.

Sources & Official References

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