Bothell, WA Swimming Pools & Spas: Fencing & Safety Requirements (2026)
Key Facts
- Minimum fence height
- Not less than five feet
- Fence performance
- Resists penetration by children and is difficult to climb
- Gate type
- Self-closing and self-latching
- Latch release
- Opening device operable only from the inside
- Existing pools
- Covered: pools constructed before or after, or under construction
- Penalty
- Misdemeanor; up to $1,000 fine, 90 days, or both (BMC 1.24.010)
Summary
Every outdoor swimming pool in the City of Bothell, Washington, must be enclosed by a fence not less than five feet high, strong enough to resist penetration by children and difficult to climb. Gates must be self-closing and self-latching with the opening device operable only from the inside. A violation is a misdemeanor.
All outdoor swimming pools heretofore or hereafter constructed or which may presently be under construction shall be enclosed by a fence of sufficient strength and design to resist the penetration of children, difficult to climb, and not less than five feet in height. A residence or other outbuilding on the premises may be a part of the fence. Any doors or gates in the fence, other than doors in buildings, shall be of the self-closing and self-latching type, with the opening device operable only from the inside. Any person violating the provisions of this section is guilty of a misdemeanor.
Full Breakdown
BMC 8.28.010, in the chapter titled Conditions Dangerous to Children, applies to all outdoor swimming pools heretofore or hereafter constructed or presently under construction. That wording covers existing pools as well as new ones, so a pool built decades ago is held to the same fence rule as one under permit today.
The enclosure must be a fence of sufficient strength and design to resist the penetration of children and difficult to climb. The minimum height is not less than five feet. The code prints no separate height for gates; the five foot figure is stated for the fence.
A residence or other outbuilding on the premises can be part of the fence, so a house wall or a garage wall facing the pool can serve as a section of the barrier. Any doors or gates in the fence, other than doors in buildings, must be of the self-closing and self-latching type, with the opening device operable only from the inside. Doors in buildings that form part of the enclosure are carved out of the self-closing and self-latching requirement, while every gate in the fence line is covered.
The section ends by declaring that any person violating it is guilty of a misdemeanor. Because 8.28.010 does not prescribe its own punishment, BMC 1.24.010(A) supplies the general rule that a misdemeanor under the city's ordinances is punished by a fine not to exceed $1,000, imprisonment for not more than 90 days, or both. BMC 1.24.020 treats each day on which a violation is committed, continued or permitted as a separate offense, and BMC 1.24.010(B) preserves the city's administrative and civil remedies. The next section in the chapter, 8.28.020, separately makes it a misdemeanor to abandon an unlatched refrigerator or similar enclosure of one and one-half cubic feet or more where children can reach it.
Violations & Fines
A violation of BMC 8.28.010 is a misdemeanor. Under BMC 1.24.010(A), the punishment is a fine not to exceed $1,000, imprisonment for a period of not more than 90 days, or both. Each day the violation is committed, continued or permitted is a separate offense under BMC 1.24.020, and the city can also pursue the administrative and civil remedies in the code.
Frequently Asked Questions
How tall must a pool fence be in the City of Bothell?
Do older pools have to comply?
Can my house be one side of the pool barrier?
What kind of gate latch is required?
What is the penalty for an unfenced pool?
Sources & Official References
Other rules in Bothell
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