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Bothell, WA Swimming Pools & Spas: Fencing & Safety Requirements (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 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?
BMC 8.28.010 requires every outdoor swimming pool to be enclosed by a fence of not less than five feet in height, with sufficient strength and design to resist the penetration of children and a design that is difficult to climb.
Do older pools have to comply?
Yes. The section covers all outdoor swimming pools heretofore or hereafter constructed or which are presently under construction. A pool built before the current code is within the fence requirement.
Can my house be one side of the pool barrier?
Yes. BMC 8.28.010 states that a residence or other outbuilding on the premises can be part of the fence. Doors in buildings are not subject to the self-closing and self-latching rule, but any other door or gate in the fence is.
What kind of gate latch is required?
Any door or gate in the fence, other than doors in buildings, must be self-closing and self-latching, and the opening device must be operable only from the inside. A latch a child can release from the pool side of the gate does not meet that wording.
What is the penalty for an unfenced pool?
Violating BMC 8.28.010 is a misdemeanor. BMC 1.24.010(A) sets the punishment at a fine not to exceed $1,000, imprisonment of not more than 90 days, or both, and BMC 1.24.020 makes each day a separate offense.

Sources & Official References

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